L.S. 653.05 Regolamenti dwar is-Sigurtà Nukleari u l-Protezzjoni mir-Radjazzjoni Dawn ir-regolamenti ġew trasferiti taħt il-Kap. 653 permezz tal-Att

(1)The scope of these regulations is to: (

1. i)allow beneficial and justified uses of ionizing radiation; (
2. ii)provide for adequate protection of people in current and future generations against the harmful effects of ionizing radiation and for the safety of radiation sources; (iii) provide for the physical protection of nuclear material; (
3. iv)provide a mechanism whereby these objectives are achieved through the establishment of a Radiation Protection Board to act as the competent national authority, by co-ordinating the activities of the regulatory authorities in the field of nuclear safety and radiation protection. Interpretation. Amended by: L.N. 173 of 2004; XXXIII.2024. First Schedule. 3.

(1)requires: In these regulations, unless the content otherwise "absorbed dose" (D) means the energy absorbed per unit mass D = d/dm where d is the mean energy imparted by ionizing radiation to the matter in a volume element, dm is the mass of the matter in this volume element. In these regulations, absorbed dose denotes the dose averaged over a tissue or an organ. The unit for absorbed dose is the gray; "accelerator" means an apparatus or installation, in which particles are accelerated, emitting ionizing radiation with an energy higher than 1 mega-electron volt (MeV); "accident'' means any unintended event, including operating errors, equipment failures or other mishaps, the consequences or potential consequences of which are not negligible from the point of view of protection or safety; "accidental exposure" means an exposure of individuals as a result of an accident. It does not include emergency exposure; Cap. 365. "Act" means the National Interest (Enabling Powers) Act; "activation" means the process through which a stable nuclide is transformed into a radionuclide by irradiating with particles or high-energy gamma rays the material in which it is contained; "activities performed by an outside worker" means any service provided by an outside worker in a controlled area for which a radiation employer is responsible; " a c t i v i t y " ( A ) m e a n s t h e a c t i v i t y, A , o f a n a m o u n t o f a radionuclide in a particular energy state at a given time and is the quotient of dN by dt, where dN is the expectation value of the NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 number of spontaneous nuclear transitions from that energy state in the time interval dt: A = dN/dt The unit of activity is the becquerel; "ambient dose equivalent" means the quantity H*(d) at a point in a radiation field, defined as the dose equivalent that would be produced by the corresponding aligned and expanded field in the ICRU sphere at a depth d on the radius opposing the direction of the aligned field. A depth d = 10 mm is recommended for strongly penetrating radiation; "apprentice" means a person receiving training or instruction within an undertaking with a view to exercising a specific skill; "approved" means approved for the time being in writing for the purposes of these regulations by the Board, and published in such form as the Board or the considers appropriate; "approved dosimetric service" means a body responsible for the calibration, reading or interpretation of individual monitoring devices, or for the measurement of radioactivity in the human body or in biological samples, or for assessment of doses, whose capacity to act in this respect is recognized by the Board; "approved medical practitioner" means a medical practitioner responsible for the medical surveillance of category A workers, as defined in regulation 43

(1), whose capacity to act in that respect is recognized by the Board; "approved occupational health service" means a body or bodies to which may be assigned responsibility for the radiation protection of exposed workers and/or medical surveillance of category A workers and whose capacity to act in that respect is recognized by the Board; "artificial sources" means radiation sources other than natural radiation sources; "authorization" means a permission granted in a document by the Board application, or granted by national legislation, to carry out a practice or any other action within the scope of these regulations. Authorisation can take the form of a registration or a licence; "avertable dose" means the dose to be saved by a protective action; that is, the difference between the dose to be expected with the protective action and that to be expected without it; "Becquerel" (Bq): the special name of the unit of activity. One becquerel is equivalent to one decay per second; "Board" means the Radiation Protection Board; "calendar year" means a period of twelve calendar months beginning with the 1st January; "clearance levels" means values, established by the Board, and expressed in terms of activity concentrations and/or total activity, at or below which radioactive substances or materials containing radioactive substances arising from any practice subject to the requirement of notification or authorization may be released from 3 4 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION the requirements of these regulations; "comforter and carer" means an individual who (other than as part of his occupation) knowingly and willingly incurs an exposure to ionizing radiation resulting from the support and comfort of another person who is undergoing or who has undergone any medical exposure; "committed effective dose" means the quantity E() defined as E( ) =  wT.HT() =  h(

1. g)j,ing J j,ing +  h(
2. g)j,inh J j,inh T J J where HT( ) is the committed equivalent dose to tissue T over the integration time , and w T is the appropriate tissue weighting factor. When  is not specified, it will be taken to be 50 years for adults and to age 70 years for intakes by children. The unit for committed effective dose is the sievert. Committed effective dose could also be assessed using the committed effective dose per unitintake for ingested (h(
3. g)j,ing ) or inhaled (h(
4. g)j,inh ) radionuclide j [Sv/Bq] by an individual in group of age g; J j,ing and J j,inh respectively are the relevant intakes via ingestion and inhalation of the radionuclide j [Bq]; "committed equivalent dose" means the quantity H T () defined as: t0+ H T() = t H T(t)dt 0 where t 0 is the time of intake, H T (
5. t)is the equivalent dose rate at time t in an organ or tissue, T and  is the time elapsed after an intake of radioactive substances. When  is not specified it will be taken to be 50 years for adults and to age 70 years for intakes by children. The unit for committed equivalent dose is the sievert; "controlled area" means any area in which specific protection measures and safety provisions are or could be required for controlling normal exposures or preventing the spread of contamination during normal working conditions and for preventing or limiting the extent of potential exposures, and to which access is controlled; "Convention" means the Convention on the Physical Protection of Nuclear Material; "critical group" means a group of members of the public which is reasonably homogeneous with respect to its exposure for a given radiation source and given exposure pathway and is typical of individuals receiving the highest effective dose or equivalent dose (as applicable) by the given exposure pathway from the given source; "deterministic effect" is a radiation effect for which generally exists a threshold of dose and above this threshold the severity of the effect increases with dose; "disposal" means the emplacement of waste in a repository, or a NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 given location, without the intention of retrieval. Disposal also covers the approved direct discharge of wastes into the environment, with subsequent dispersion; "dose" means, in relation to ionizing radiation, any dose quantity or sum of dose quantities mentioned in the Third Schedule; "dose constraint" means a restriction on the prospective doses to individuals, which may result from a defined source for use at the planning stage in radiation protection whenever optimization is involved; "dose limit" means, in relation to persons of a specified class, the limit on effective dose or equivalent dose that shall not be exceeded; "effective dose" means the quantity E. defined as a summation of the tissue equivalent doses, each multiplied by the appropriate tissue weighting factor:  wT.HT E= T where H T is the equivalent dose in tissue T and w T is the tissue weighting factor for tissue T. From the definition of equivalent dose, it follows that: E=  wT.  wR. DT.R T R where w R is the radiation weighting factor for radiation R and D T.R is the average absorbed dose in the organ or tissue T. The unit of effective dose is the sievert (Sv). Taking into consideration various pathways of exposure, the effective dose may consist of external exposure and committed effective dose: E = E ext + E() where E ext is the external dose; "emerg ency exposure" m eans a n ex po s ur e o f in di vid ual s implementing the necessary rapid action to bring help to endangered individuals, prevent exposure of a large number of people or save a valuable installation or goods, whereby one of the individual dose limits equal to that laid down for exposed workers could be exceeded. Emergency exposure shall apply only to volunteers; "emergency plan" means the set of procedures to be implemented in the event of a radiological accident. Emergency plans may be either on-site, that is for the whole area under the control of the radiation employer where a source is present or intended to be present, or off-site, that is the area beyond that under the control of the radiation employer; "equivalent dose'' means the quantity H T.R defined as: H T.R = D T.R.w R where D T.R is the absorbed dose delivered by radiation type R 5 6 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION averaged over a tissue or organ T and wR is the radiation weighting factor for radiation type R. When the radiation field is composed of different radiation types with different values of W R the equivalent dose is: HT =  wR. DT.R R The unit of equivalent dose is J/kg, termed the sievert (Sv); "exclusion" means the process whereby the Board deems that the magnitude or likelihood of an exposure is essentially unamenable to control and is thus excluded from regulatory control; "exemption" (from regulatory control, including those of notification, registration and licensing) refers to practices or work activities and sources within justified practices, for which the Board is satisfied that the sources comply with the exemption criteria specified in regulation 18 or such sources satisfy other exemption levels determined by the Board; "exposed workers" means persons, either self-employed or working for an employer, subject to an exposure incurred at work from practices and work activities covered by these regulations and liable to result in doses exceeding one or other of the dose levels equal to the dose limits for members of the public; "exposure" means the act or condition of being exposed to ionizing radiation. Exposure can be either external exposure (irradiation by sources outside the body) or internal exposure (irradiation by sources inside the body). Exposure can be classified as either normal exposure or potential exposure; either occupational, medical or public exposure: and, in intervention situations, either emergency exposure or chronic exposure. The term exposure is also used in radiodosimetry to express the amount of ionization produced in air by ionizing radiation; "external employer" means any person, other than the radiation employer, and including members of the staff of the external employer, performing services of any sort in a controlled area; "Gray" (Gy) means the name of the unit of absorbed dose. One gray is equal to one joule per kilogram: 1 Gy = 1 J kg-1; "health detriment" means an estimate of the risk at reduction in length and quality of life occurring in a population following exposure to ionizing radiation. This includes loss arising from somatic effects, cancer and severe genetic disorder; "health record" means, in relation to a worker, the record of medical surveillance of that worker maintained by the employer in accordance with regulation 45; "intake" means the process of taking radionuclides into the body by inhalation or ingestion or through the skin; "international nuclear transport" means t he carriage of a consignment of nuclear material by any means of transportation NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination; "intervention" means a human activity that prevents or decreases the exposure of individuals to radiation from sources which are not part of a practice and work activity or which are out of control, by acting on sources, transmission pathways and individuals themselves; "intervention level" means a value of avertable equivalent dose, avertable effective dose or a derived value, at which intervention measures should be considered. The avertable dose or derived value is solely that associated with the exposure pathway to which the intervention measure is to be applied; "ionizing radiation" means the transfer of energy in the form of particl es o r electromagn et ic waves of a waveleng th of 100 nanometers or less or a frequency of 3 X 10 15 Hertz or more capable of producing ion pairs in biological materials; "local rules" means rules made in accordance with regulation 36; "maintained", where the reference is to maintaining plant, apparatus, equipment or facilities, means maintained in an efficient state, in efficient working order and good repairs; "Maltese ship'' shall have the same meaning as is assigned to it by article 3 of the Merchant Shipping Act; "medical exposure" means exposure incurred by (
6. a)patients as part of their own medical or dental diagnosis or treatment; (
7. b)persons knowingly and voluntarily helping (other than those occupationally exposed), in the support and comfort of patients undergoing medical diagnosis and treatment; and (
8. c)volunteers in a programme of biomedical research involving their exposure; "member of the public" means in a general sense, any individual in the population except, for the purposes of these regulations, when subject to occupational or medical exposure, and for the purpose of verifying compliance with the annual dose limit for public exposure, shall mean the representative individual in the relevant critical group; "Minister" means the Ministers responsible for occupational health and safety, for the environment, for health or for internal affairs, acting together or separately as appropriate; "natural radiation sources" mean sources of ionizing radiation from natural terrestrial or cosmic origin; "normal exposure" means an exposure that is expected to be received under normal operating conditions of an installation or a source, including possible minor mishaps that can be maintained under control; Cap. 234. 7 8 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION "notification" means the requirement of submitting a document to the Board to notify the intention to carry out a practice or work activity or any other action within the scope of these regulations; "nuclear material" means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing; "occupational exposure" consists of all exposures of workers incurred in the course of their work, with t he exception of exposures excluded from these regulations and exposures from practices and work activities or sources exempted by these regulations; "outside worker" means a category A person (including trainees, apprentices or students over 18 years) who carries out services in the controlled area of any employer (other than the controlled area of his own employer), whether employed temporarily, permanently, or as a self-employed person; "person" includes a body of persons and any body corporate established by or under any law; "potential exposure" means exposure, that is not expected to be delivered with certainty, with a probability of occurrence that can be estimated in advance, that may result from an accident at a source or owing to an event or sequence of events of a probabilistic nature, including equipment failures and operating errors; "practice" means any human activity action that can increase the exposure of individuals to radiation, or extend exposure or the likelihood of exposure to additional people from an artificial source, or from a natural radiation source where natural radionuclides are processed for their radioactive, fissile or fertile properties, except in the case of an emergency exposure; "public exposure" means an exposure incurred by members of the public from radiation sources, excluding any occupational or medical exposure as well as the radiation from the local undisturbed background, but including exposure from authorised sources, practices and from intervention situations; "qualified expert" means a person having the knowledge and training needed to carry out physical, technical or radiochemical tests enabling doses to be assessed, and to give advice in order to ensure effective protection of individuals and the correct operation of protective equipment, and whose capacity to act as a qualified expert is recognized by the Board. A qualified expert may be assigned the technical responsibility for the tasks of radiation protection of workers and members of the public; Cap. 646. "radiation employer" shall have the same meaning as is assigned to the word "employer" by article 2 of the Health and Safety at Work Act and includes: (
9. a)any natural or legal person who carries out the practices or work activities referred to in regulation 4 NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 and, for the purposes of regulations 17 and 19, includes a person who intends to carry out such work and who has the legal responsibility under national law for such practices or work activities; and (
10. b)any duty imposed by these regulations on an employer in respect of his worker shall extend to a selfemployed person in respect of himself; "radiation passbook" means (
11. a)in the case of a worker employed by an employer in Malta a passbook approved by the Board for the purpose of these regulations; (
12. b)in the case of an outside worker employed by an employer in an EU member State, a passbook authorised by the competent authority for that member State, as the case may be; "radiation weighting factor" (w R) is a dimensionless factor used to weight the dose absorbed in tissue according to the type of radiation; "radiation worker" is any person who works, whether full or part time or temporarily, for an employer who has recognised rights and duties in relation to occupational radiation protection; "radioactive contamination" means the presence of radioactive substances in or on any material, surface (including any surface of the body or clothing) or environment, including liquids or gases, or the human body where they are undesirable or could be harmful. In the specific case of the human body, this radioactive contamination includes both external skin contamination and internal contamination, irrespective of route of intake; "radioactive substance" means any substance that contains one or more radionuclides the activity or concentration of which cannot be disregarded as far as radiation protection is concerned; "radiological emergency" means a situation that requires urgent action in order to protect workers, members of the public or the population either partially or as a whole; "radioactive waste" means a material of whatever physical form, remaining from practices and work activities or interventions, for which no further use is foreseen at present and which (
13. i)contains or is contaminated with radioactive substances having activity or activity concentration higher than the relevant level of exemption from regulatory control, and (
14. ii)exposure to which is not excluded from these regulations; "Registrar-General" shall have the same meaning as is assigned to it by article 2 of the Merchant Shipping Act; Cap. 234. "regulatory authority" means the Radiation Protection Board, jointly set up by the below mentioned members, which exercise their respective regulatory functions in the area of nuclear safety and radiation protection through the Board:

(1)Occupational Health and Safety Authority set up in accordance with the Health and Safety at Work Act as Cap.

1. 9 10 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION regards the protection of workers from exposure to radiation sources at work; Cap.
2. Cap.
3. Cap. 411.

(2)the Environment Protection Directorate or other competent authority as established by virtue of the Environment Protection Act, as regards protection of the environment from radiation sources;

(3)the Superintendent of Public Health in terms of the Department of Health (Constitution) Ordinance, in matters relating to the protection of the general population from radiation sources;

(4)the Civil Protection Department established by the Civil Protection Act in relation to preparation for and response to civil emergencies;

(5)any other authority which, in the opinion of the Prime Minister, after consultation with the Board, may have a regulatory function in the field of ionizing radiation;

(6)any other authority to which the Ministers responsible for occupational health and safety, civil protection, health or the environment may, from time to time, assign any of the responsibilities of the abovementioned under these regulations: Provided that the Prime Minister shall issue a notice of any such assignment of responsibilities in the Gazette; "sealed source" means a source containing any radioactive substance that is permanently sealed in a capsule or closely bounded and in a solid form; and the capsule or material of which is strong enough to maintain leaktightness under the conditions of use and wear for which the source was designed as well as in cases of foreseeable mishaps; "Sievert" means the name of the unit of equivalent or effective dose. One sievert is equivalent to one joule per kilogram: 1 Sv = 1 J kg -1; "stochastic effects" of radiation are radiation effects which generally occur without a threshold level of dose and whose probability of occurring is proportional to the dose magnitude, whereas the severity of effects is independent of dose; "source" means an apparatus, a radioactive substance or an installation capable of emitting ionizing radiation or radioactive substances; "supervised area" means an area subject to appropriate supervision for the purpose of protection against ionizing radiation and which has been so designated by the employer in accordance with regulation 35; "tissue weighting factor" (w T) is a dimensionless factor used to weight the equivalent dose in a tissue T; "trainee" means a person aged 16 years or over (including a student) who is undergoing instruction or training which involves operations which would, in the case of a worker, be work with NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 ionising radiation; "transport" means, in relation to a radioactive substance, carriage of that substance on a road or through another public place (whether on a conveyance or not), or by rail, inland waterway, sea or air and, in the case of transport on a conveyance, a substance shall be deemed as being transported from the time that it is loaded onto the conveyance for the purpose of transporting it until it is unloaded from that conveyance, but a substance shall not be considered as beings transported if (a) it is transported by means of a pipeline or similar means; or (b) it forms an integral part of a conveyance and is used in connection with the operation of that conveyance; "Tribunal" shall have the same meaning as is assigned to it by article 2 of the Health and Safety at Work Act; Cap. 646. "uranium enriched in the isotope 235 or 233" means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; "work'' shall have the same meaning as is assigned to it by article 2 of the Occupational Health and Safety Authority Act and shall include any instruction or training which a person undergoes as a trainee and the meaning of "at work" shall be considered accordingly; Cap. 424. "work activity" means a sequence of man-made actions, involving naturally occurring radionuclides, which are not aimed at pr o c e s s i ng an d, o r e xt r a c ti n g t h e s e r a d i o nu c l i de s f or th e ir radioactive, fissile or fertile properties; "worker" shall have the same meaning as assigned to it by article 2 of the Health and Safety at Work Act. 4.

(1)These regulations shall apply to all practices and work activities which involve a risk from ionizing radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties, namely: (

1. a)the production, processing, handling, use, holding, storage, transport, supply, import to and export from Malta, transit through Maltese territory and disposal of radioactive substances; (
2. b)the operation of any electrical equipment emitting ionizing radiation and containing components operating at a potential difference of more than 5 kV: (
3. c)discontinuance or cessation of a practice or work activity involving radioactive substances and devices that produce radiation and are used for industrial, medical, agricultural, research and education purposes; (
4. d)any other practice or work activity specified from time Cap. 646. Application. 11 12 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION to time by the Board.

(2)In accordance with Part II, these regulations shall apply to nuclear material used for peaceful purposes while in international nuclear transport, and as applicable to domestic use, storage and transport.

(3)In accordance with Part XII they shall also apply to work activities which are not covered by subregulation

(1)but which involve the presence of natural radiation sources and may lead to a significant increase in the exposure of workers or members of the public which cannot be disregarded from the radiation protection point of view.

(4)In accordance with Part XIV it shall also apply to any intervention in cases of radiological emergencies or in cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity.

(5)These regulations shall not apply to exposures associated with excluded or exempted situations. PART II PHYSICAL PROTECTION OF NUCLEAR MATERIAL Text of Convention. Physical protection requirements for the import into, transit through or export from Maltese territory of nuclear material. Amended bby: XV. 2009.49. 5. For the purpose of article 3

(4)of the Act, the text of the Convention, which these regulations shall implement, is being published in the Sixth Schedule. 6.

(1)No person shall, with regards to nuclear material - (

1. a)export or authorize the export of such material from Malta; (
2. b)import or authorize the import of such material into Malta; (
3. c)transit Maltese territory by land or through its airports or seaports, unless prior authorisation has been granted by the Board, acting in close co-ordination with the Authority for Transport in Malta and the Department of Civil Aviation, which may stipulate any conditions and levy any charges in this regard.

(2)The Board shall not grant authorisations for (

1. a)importation of nuclear material from, or transit through Maltese territory of such material en route to, States which are not party to the Convention, or (
2. b)the export of such material from Malta, unless the Board receives assurances that such material will be protected at the levels described in Annex I of the Sixth Schedule during the international nuclear transport and is supplied with all relevant information to enable it to inform in advance the States which the nuclear material is expected to transit by land or internal waterways or whose airports and seaports it is expected to enter. NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 7.

(1)No Maltese ship or aircraft shall carry nuclear material unless such material is protected at the levels described in Annex I of the Sixth Schedule during international nuclear transport. 13 International nuclear transport by Maltese ships and aircraft.

(2)It shall be the duty of the commander in the case of a Maltese aircraft, to ensure that there is prior authorisation for the transport of nuclear material from the competent authorities of the e x p o r t i n g a n d i m p o r t i n g s t a t e s , a f t e r g i v i n g t h e n ec e s s a r y assurances and satisfying any conditions in this regard.

(3)It shall be the duty of the master, in the case of a Maltese ship, to ensure that there is prior authorisation for international nuclear transport from the Registrar-General, after giving the necessary assurances and satisfying any conditions in this regard: Provided that the Registrar-General may stipulate any conditions and levy any charges in relation to such authorisations, and it shall be the duty of the master to ensure that these conditions are at all times adhered to. 8. No person shall intentionally commit (

1. a)an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property; Prohibition of activities in relation to nuclear material. (
2. b)a theft or robbery of nuclear material; (
3. c)an embezzlement or fraudulent obtaining of nuclear material; (
4. d)an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation; (
5. e)a threat (
6. i)to use nuclear material to cause death or serious injury to any person or substantial property damage, or (
7. ii)to commit an offence described in paragraph (
8. b)in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act; (
9. f)an attempt to commit any offence described in paragraphs (a), (
10. b)or (c); and (
11. g)an act which constitutes participation in any offence described in paragraphs (
12. a)to (f). PART III RADIATION PROTECTION BOARD 9.

(1)There shall be set up a Radiation Protection Board, hereinaf ter referred to as the Board, which shall act as the regulatory authority in the field of nuclear safety and radiation protection.

(2)The Board shall have such functions as may devolve on it Functions and responsibilities. Amended by: XXXIII.2024. First Schedule. 14 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION under any other law or as may be assigned to it in writing by the Prime Minister or by the member agencies represented on the Board. In the case that other regulations are in force governing occupational, public, and medical exposures, or environmental protection and safety of sources, which in some way address the use of ionizing radiation, the Board shall, if it considers it necessary, make recommendations to the Prime Minister for the reallocation of the regulatory responsibility to the Board itself or to some other authority as the Board deems fit.

(3)It shall be the function of the Board to: (

1. a)take the necessary measures to improve the cooperation and co-ordination of the government bodies which have responsibility for issues related to occupational health and safety, environment, public health and civil protection amongst themselves and with other interested parties; (
2. b)tender advice to the Prime Minister on allocation of responsibilities in the field of nuclear safety and radiation protection when these are unclear or unresolved; (
3. c)co-ordinate the preparation of regulations governing notification, authorization of practices, work activities, radiation sources and establishing radiation protection and safety requirements; (
4. d)define exposures that are excluded from regulatory requirements on the basis of their being unamenable to regulatory control; (
5. e)receive notifications, and issue authorisations and grant exemptions concerning the possession and use of radiation sources, subject to any condition that may be required in the opinion of the Board and to revoke at any time any such authorisations if the Board feels that the required standards or levels of safety are not being complied with; (
6. f)co-ordinate and conduct inspections and enforcement actions to assess radiation safety conditions and compliance with applicable regulatory and authorisation requirements and to protect the health and safety of workers and the public; (
7. g)compile a national register of practices, work activities and sources; Cap. 646. (
8. h)authorise persons to carry out inspections and to take such action on its behalf on particular issues of regulatory interest and such persons shall be construed as being officers as per Part V of the Health and Safety at Work Act; (
9. i)set up and run a National Interim Storage Facility for orphan and disused radioactive sources; (
10. j)gather the required data to enable an assessment of total exposure from all practices and work activities in NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 Malta and including the distribution of the individual occupational and public exposures for each type of practice, and to enable the setting up of a National Register for Occupational Exposure to Ionising Radiation; (
11. k)initiate surveys on background radiation and radioactive contamination of all environmental media; (
12. l)approve the capacity of persons to act as approved dosimetric services and qualified experts subject to the provisions of regulation 11; (
13. m)establish guidance on protective measures required in controlled and supervised areas; (
14. n)make recommendations, or provide technical advice on intervention and emergency responses, as appropriate; (
15. o)advise other governmental authorities and other persons on matters within the competence of the Board; (
16. p)promote or carry out research on radiation safety issues of regulatory concern; (
17. q)maintain contact for information exchange and cooperation in any field related to nuclear safety and radiation protection with regulatory bodies of other countries and relevant international organizations; (
18. r)establish appropriate mechanisms to inform the public about the regulatory process and the radiation safety aspects of regulated practices and work activities; (
19. s)coordinate the establishment of technical standards, preparation of Codes of Practice and other guidance documents by the relevant authorities; (
20. t)appropriate1v investigate any accident or incident involving radiation sources at a practice or work activity; (
21. u)be the national body which gives effect to any decision of the UN Security Council or International Atomic Energy Agency, or other internationally recognised entity or competent authority in the field of nuclear safety and radiation protection whenever so directed by the Prime Minister; (
22. v)to identify organisations, which may need to be involved in emergency situations and relevant intervention and define their responsibilities; and (
23. w)take on any other additional activities in the field of radiation protection which the member agencies comprising the Board may, from time to time, pass on to the Board.

(4)Any decisions taken by the Board in respect of anything related to a notification, authorisation or exemption of practices, work activities, and sources, as well as in respect of any other of its 15 16 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION functions, shall be considered to have been taken on behalf, and with the full powers, of the member agencies represented on the Board. Any document pertaining to any such decisions shall be signed by the Executive Chairperson.

(5)A person who feels aggrieved by any decisions taken by the Board, shall have the right to ask the Board to reconsider such decisions, citing reasons for requesting a reconsideration. Composition of the Board. 10.

(1)The Prime Minister shall appoint officers of the member agencies to serve as expert members on the Board. The Board shall be composed as follows: (

1. a)one member representing the Occupational Health and Safety Authority; (
2. b)one member representing the Environment Protection Directorate; (
3. c)one member representing the Superintendent of Public Health; (
4. d)one member Department. representing the Civil Protection

(2)The Occupational Health and Safety Authority shall also appoint a technically competent person to act as Executive Chairperson to the Board, who shall be responsible for the organization of the work of the Board.

(3)Each member shall hold office for a period of three years, and the members so appointed may be re-appointed on the expiry of their term: Provided that they shall remain in office on completion of their term, until the Prime Minister formally informs them of the appointment of a substitute.

(4)A member of the Board may, by notice in writing addressed to the Prime Minister, resign his membership.

(5)The Prime Minister may remove a member of the Board from office if, in the opinion of the Prime Minister, such member is unfit to continue in office or has become incapable of properly performing his duties as a member.

(6)The Board shall meet as often as necessary to discharge its functions, either at the request of the Executive Chairperson or at the request of any other two members representing different member agencies.

(7)Three persons attending a meeting shall constitute a quorum. The Executive Chairperson shall, in the event of a tie in voting, have both an initial vote as well as a casting vote: Provided that without prejudice to the preceding subregulation, the Board shall regulate its own procedures.

(8)It shall be the joint duty of the member agencies constituting the Board to ensure that the overall functions of the Board are carried out in close collaboration and as efficiently as possible, and the Occupational Health and Safety Authority shall NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 17 take the lead in co-ordinating the administrative actions of the Board. 11.

(1)The Board (or such other person as may from time to time be specified in writing by it) may, by a certificate in writing, approve (in accordance with such criteria as may from time to time be specified by the Occupational Health and Safety Authority) - the approved medical practitioners; - the approved occupational health services, Approval of services. for such of the purposes of these regulations as are specified in the certificate.

(2)The Board may, by a certificate in writing, approve - the approved dosimetric services, - the qualified experts, for such of the purposes of these regulations as are specified in the certificate.

(3)A certificate made pursuant to subregulations

(1)and

(2)may be made subject to conditions and may be revoked in writing at any time.

(4)Any approval granted pursuant to subregulations

(1)and

(2)may be reassessed at such suitable periods as considered appropriate by the issuing body. 12.

(1)The Occupational Health and Safety Authority shall e n s u r e s u ff i c i e n t f u n d i n g t o e n a b l e t h e B o a r d t o f u l f i l i t s obligations. This shall be ensured irrespective of any funds obtained pursuant to subregulation

(2). Funding for Board.

(2)The Board may charge any person a fee for performing any of its functions under these regulations, and such a fee may include provision for costs incurred in the event of inability of the radiation employer to return disused sources to the manufacturer, and such fees shall be made payable to the Occupational Health and Safety Authority.

(3)When the Board requests payment, the fee due, which shall be recoverable only as a civil debt, shall become payable one month after a statement to that effect has been sent or given. 13. The Board shall be entitled to engage persons to serve as individual expert advisers or to set up advisory committees and appoint members to serve on such advisory committees as may be useful and appropriate for the Board to enable it to better discharge its responsibilities. Advisory committees. 14. The offices of the Board shall be at any address that the Board may occupy, provided that this has been notified in the Gazette. All correspondence should be addressed to the Executive Chairperson of the Board. Address of Board. 15. The Board shall establish a permanent mechanism for exchange of information and cooperation with any relevant Maltese authority as it considers necessary in the fulfilment of its duties, Cooperation with other Maltese authorities. 18 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION including but not limited to: (

1. a)the Customs authorities, to ensure adequate control, including, as appropriate, prior notification of, or authorisation by, the Board, over sources entering and leaving the country and the proper identification and authorization of the persons importing or receiving the sources; (
2. b)the Ministry for Transport to ensure that adequate levels of safety are maintained during the storage and transport of radioactive material, whether on Maltese territory or on ships or aircraft under Maltese jurisdiction. Powers of Prime Minister in relation to Board. 16. The Prime Minister may, after consultation with the other relevant authorities (
3. a)confer on the Board any new functions for purposes connected with the protection from radiation hazards, (
4. b)terminate any function of the Board made under these regulations. PART IV - PART XIV Deleted by Legal Notice 210 of 2018. Articles 17 to 59 Deleted by Legal Notice 210 of 2018. PART XV ARRANGEMENTS FOR THE CONTROL OF RADIOACTIVE SUBSTANCES, ARTICLES AND EQUIPMENT Sealed sources and articles containing or embodying radioactive substances. 60.

(1)Radiation employers shall ensure the safety of the sources under their responsibility, from the time of their acquisition throughout their entire operational life and up to their final disposal.

(2)Where a radioactive substance is used, the radiation employer shall ensure that, whenever reasonably practicable, the substance is in a form of a sealed source.

(3)The radiation employer shall ensure that the design, c o n st r u c t i o n a n d m a i n t e n a n c e o f a n y a r t i c l e c o n t a i n i n g o r e m b od yi ng a r a d io a c t iv e s u bst a n c e , in c lu di ng i t s b on di ng , immediate container or other mechanical protection, is such as to prevent the leakage of any radioactive substance.

(4)Where appropriate, the radiation employer shall ensure that suitable tests are carried out at suitable intervals to detect leakage of radioactive substances from any article under his control to which subregulation

(3)applies and the employer shall make a suitable record of each such test and shall retain that record for at least two years after the article is disposed of or until a further record is made following a subsequent test to that article. NUCLEAR SAFETY AND RADIATION PROTECTION 61. [ S.L.653.05 Radiation employers in co-operation with suppliers, shall (

1. a)ensure, on procurement of any new source or equipment containing radiation generator, that such sources or equipment conform to applicable international standards as may be approved by the Board; and 19 Procurement and commissioning of sources. (
2. b)ensure that sources and equipment are tested to demonstrate compliance with the appropriate specifications. 62.

(1)Every radiation employer shall take such steps as are appropriate, for the purpose of controlling radioactive substances which are involved in work with ionising radiation which he undertakes: Accounting and security of radioactive substances. (

1. a)to account for and keep up to date records of the quantity and location of radioactive substances by keeping written records of: (
2. i)whenever the location of the source is changed, and (
3. ii)annual verification of the employer’s source inventory; (
4. b)to keep those records or a copy thereof for at least two years from the date on which they were made and, in addition, for at least two years from the date of disposal of that radioactive substance.

(2)The records made pursuant to subregulation

(1)shall be kept at the workplace and shall be readily available for inspection by the Board. 63.

(1)Every radiation employer shall ensure, so far as is reasonably practicable, that any radioactive substance under his control which is not for the time being in use or being moved, transported or disposed of - Keeping and moving of radioactive substances. (a) is kept in a suitable receptacle; and (b) is kept in a suitable store.

(2)Every employer who causes or permits a radioactive substance to be moved (otherwise than by transporting it) shall ensure that, so far as is reasonably practicable, the substance is kept in a suitable receptacle, suitably labelled, while it is being moved.

(3)Nothing in subregulations

(1)or

(2)shall apply in relation to a radioactive substance while it is in or on the live body or corpse of a human being. 64.

(1)Every radiation employer shall forthwith notify the Board in any case where a quantity of a radioactive substance which was under his control (

1. a)has been released or is likely to have been released into the atmosphere as a gas, aerosol or dust; or (
2. b)has been spilled or otherwise released in such a Notification of certain occurrences. 20 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION manner as to give rise to significant radioactive contamination: Provided that such a release had not been exempted from regulatory control or had not been in a manner specified in an authorisation to dispose of radioactive waste issued by the Board.

(2)Where a radiation employer has reasonable cause to believe that a quantity of a radioactive substance which was under his control is lost or has been stolen, the employer shall forthwith notify the Board of that loss or theft, as the case may be.

(3)Where a radiation employer suspects or has been informed that an occurrence notifiable under subregulation

(1)or

(2)may have occurred, he shall make an immediate investigation and, unless that investigation shows that no such occurrence has occurred, he shall forthwith make a notification in accordance with the relevant subregulation.

(4)A radiation employer who makes any investigation in accordance with subregulation

(3)shall make a report of that investigation and shall, unless the investigation showed that no such occurrence occurred, keep that report or a copy thereof for at least fifty years from the date on which it was made or, in any other case, for at least two years from the date on which it was made.

(5)The Board may issue guidance documents specifying the quantities of radioactive substances below which the provisions for notification referred to in subregulation

(1)and

(2)shall not apply. Misuse of or interference with sources of ionising radiation. 65. No person shall intentionally or recklessly misuse or without reasonable excuse interfere with any radioactive substance or any electrical equipment to which these regulations apply. Appendices. 66.

(1)The Board may from time to time publish Appendices to these regulations detailing specific requirements which have to be complied with by persons to which these requirements are addressed.

(2)These appendices shall deal with, but are not limited to, the following: (

1. a)occupational exposure; (
2. b)medical exposure; (
3. c)public exposure; (
4. d)safety of sources; (
5. e)emergency exposure situations (
6. f)chronic exposure situations. PART XVI ENFORCEMENT Enforcement. Amended by: L.N. 425 of 2007. 67.

(1)Any breach of any of these regulations or of the Schedules or Appendices to these regulations shall be deemed an offence.

(2)In any proceedings for an offence under these regulations consisting of a failure to comply with a duty or requirement to do NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 something, it shall be for the accused to prove (as the case may be) that it was not practicable to do more than was in fact done to satisfy the requirement or duty, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

(3)The enforcing regulatory authority for any breach of these regulations shall be as follows: (a) the Occupational Health and Safety Authority shall enforce the relevant statutory provisions in Parts IV to XII, excluding regulation 19

(4), and Part XV; (

1. b)the Superintendent of Public Health shall enforce the relevant statutory provisions in Part XIII; (
2. c)the Environment Protection Directorate shall enforce the relevant statutory provisions in regulation 19

(4); (

1. d)the Civil Protection Department shall enforce any breach of regulations relating to intervention in Part XIV as a breach of the Civil Protection Act: Provided that any person found guilty of an offence in terms of Part II shall be considered to have breached the provisions of the National Interest (Enabling Powers) Act and be liable to a fine not exceeding one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (116,468.67). Cap. 411. Cap. 365. 21 22 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION FIRST SCHEDULE Regulation 17 PARTICULARS TO BE PROVIDED IN A NOTIFICATION UNDER REGULATION 17 The following particulars shall be given in a notification under regulation 17: (
2. a)the name and address of the employer and a contact telephone or fax number or electronic mail address; (
3. b)the address of the premises where or from where the work activity is to be carried out and a telephone or fax number or electronic mail address at such premises; (
4. c)the nature of the business of the employer; (
5. d)characteristics of the source, as a minimum - the source term, total activity, date and place of manufacturing and physical and chemical form of the radioactive substance; (
6. e)into which of the following categories the source or sources of ionising radiation fall(
7. i)sealed source; (
8. ii)unsealed radioactive substance; (iii) electrical equipment; (
9. f)whether or not any source is to be used at premises other than the address given at sub-paragraph (
10. b)above; (
11. g)dates of notitication and commencement of the work activity; and (
12. h)a written risk assessment pursuant to regulation 27. SECOND SCHEDULE Regulation 18 QUANTITIES AND CONCENTRATIONS OF RADIONUCLIDES CRITERIA TO BE CONSIDERED FOR THE APPLICATION OF REGULATION 18 1. A practice or work activity may be exempted from the requirement to report without further consideration, in compliance with regulation 18

(1)(

1. a)or (
2. b)respectively, if either the quantity or the activity concentration, as appropriate, of the relevant radionuclides does not exceed the values in column 2 or 3 of Table A. 2. The basic criteria for the calculation of the values in Table A, for the application of exemptions for practices or work activities, are as follows: (
3. a)the radiological risks to individuals caused by the exempted practice or work activity are sufficiently low as to be of no regulatory concern; and (
4. b)the collective radiological impact of the exempted practice or work activity is sufficiently low as to be of no regulatory concern under the prevailing circumstances; and (
5. c)the exempted practice or work activity is inherently without NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 23 radiological significance, with no appreciable likelihood of scenarios that could lead to a failure to meet the criteria in (
6. a)and (b). 3. Exceptionally, as provided in regulation 18

(1)(

1. a)and (b), the Board may decide that a practice or work activity may be exempted where appropriate without further consideration, in accordance wuth the basic criteria, even if the relevant radionuclides deviate from the values in Table A, provided that the following criteria are met in all feasible circumstances: (
2. a)the effective dose expected to be incurred by any member of the public due to the exempted practice or work activity is of the order of 10 µSv or less in a year; and (
3. b)either the collective effective dose committed during one year of performance of the practice or work activity is no more than about 1 man . Sv or an assessment of the optimization of protection shows that exemption is the optimum option; (
4. c)number of exempted practices or work activities at the same site and affecting the same critical group(
5. s)shall be determined by the Board on case by case basis. 4. For radionuclides not listed in Table A, the Board shall assign appropriate values for the total activities and concentrations of activity per unit mass where the need arises. Values thus assigned shall be complementary to those in Table A. 5. The values laid down in Table A apply to the total inventory of radioactive substances held by a person or undertakings as part of a specific practice or work aclivity at any point in time and to a limited amount of radioactive material, not exceeding 1 tonne.(1000kg). 6. Nuclides carrying the suffix "+" or "sec" in Table A represent parent nuclides in equilibrium with their correspondent daughter nuclides as listed in Table B. In this case the values driven in Table A refer to the parent nuclide alone, but already take account of the daughter nuclide(
6. s)present. 7. In all other cases of mixtures of more than one nuclide, the requiretnent for notification may be waived if the sum of the ratios for each nuclide of the total activity present divided by the value listed in Tahle A is less than or equal to l. This summation rule also applies to activity concentrations where the various nuclides concerned are contained in the same matrix. Table A Table of Radionuclides 1 Radionuclide name, symbol, isotope Hydrogen Tritiated compounds Beryllium Be-7 Carbon C-14 Fluorine F-18 2 Concentration for notification. Regulation 18 (Bq/
7. g)3 Quantity for notification. Regulation 18 (Bq/
8. g)1 106 1 10 9 1 10 3 1 10 7 1 10 4 1 10 7 1 10 1 1 10 6 24 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Neon Ne-19 Sodium Na-22 Na-24 Silicon Si-31 Si-32 Phosphorus P-32 P-33 Sulphur S-35 Chlorine Cl-36 Cl-38 Argon Ar-37 Ar-41 Potassium K-40 K-42 K-43 K-44 Calcium Ca-45 Ca-47 Scandium Sc-46 Sc-47 Sc-48 Vanadium V-48 Chromium Cr-51 Manganese Mn-51 Mn-52 Mn-52m 2 Concentration for notification. Regulation 18 (Bq/
9. g)3 Quantity for notification. Regulation 18 (Bq/
10. g)1 10 2 1 10 9 1 10 1 1 10 1 1 10 6 1 10 5 1 10 3 1 10 3 1 10 6 1 10 6 1 10 3 1 10 5 1 10 5 1 10 8 1 10 5 1 10 8 1 10 4 1 10 1 1 10 6 1 10 5 1 10 6 1 10 2 1 10 8 1 10 9 1 10 2 1 10 2 1 10 1 1 10 1 1 10 6 1 10 6 1 10 6 1 10 5 1 10 4 1 10 1 1 10 7 1 10 6 1 10 1 1 10 2 1 10 1 1 10 6 1 10 6 1 10 5 1 10 1 1 10 5 1 10 3 1 10 7 1 10 1 1 10 1 1 10 1 1 10 5 1 10 5 1 10 5 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Mn-53 Mn-54 Mn-56 Iron Fe-52 Fe-55 Fe-59 Cobalt Co-55 Co-56 Co-57 Co-58 Co-58m Co-60 Co-60m Co-61 Co-62m Nickel Ni-59 Ni-63 Ni-65 Copper Cu-64 Zinc Zn-65 Zn-69 Zn-69m Gallium Ga-72 Germanium Ge-71 Arsenic As-73 As-74 As-76 As-77 Selenium Se-75 Bromine 2 Concentration for notification. Regulation 18 (Bq/
11. g)1 10 4 1 10 1 1 10 1 [ S.L.653.05 25 3 Quantity for notification. Regulation 18 (Bq/
12. g)1 10 9 1 10 6 1 10 5 1 10 1 1 10 4 1 10 1 1 10 6 1 10 6 1 10 6 1 10 1 1 10 1 1 10 2 1 10 1 1 10 4 1 10 1 1 10 3 1 10 2 1 10 1 1 10 6 1 10 5 1 10 6 1 10 6 1 10 7 1 10 5 1 10 6 1 10 6 1 10 5 1 10 4 1 10 5 1 10 1 1 10 8 1 10 8 1 10 6 1 10 2 1 10 6 1 101 1 104 1 10 2 1 10 6 1 10 6 1 10 6 1 10 1 1 10 5 1 10 4 1 10 8 1 10 3 1 10 1 1 10 2 1 10 3 1 10 7 1 10 6 1 10 5 1 10 6 1 10 2 1 10 6 26 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Br-82 Krypton Kr-74 Kr-76 Kr-77 Kr-79 Kr-81 Kr-83m Kr-85 Kr-85m Kr-87 Kr-88 Rubidium Rb-86 Strontium Sr-85 Sr-85m Sr-87m Sr-89 Sr-90+ Sr-91 Sr-92 Yttrium Y-90 Y-90m Y-91 Y-91m Y-92 Y-93 Zirconium Zr-93+ Zr-95 Zr-97+ Niobium Nb-93m Nb-94 Nb-95 Nb-95m Nb-97 2 Concentration for notification. Regulation 18 (Bq/
13. g)1 10 1 3 Quantity for notification. Regulation 18 (Bq/
14. g)1 10 6 1 10 2 1 10 2 1 10 2 1 10 3 1 10 4 1 10 5 1 10 5 1 10 3 1 10 2 1 10 2 1 10 9 1 10 9 1 10 9 1 10 5 1 10 7 1 10 12 1 10 4 1 10 10 1 10 9 1 10 9 1 10 2 1 10 5 1 10 2 1 10 2 1 10 2 1 10 3 1 10 2 1 10 1 1 10 1 1 10 6 1 10 7 1 10 6 1 10 6 1 10 4 1 10 5 1 10 6 1 10 3 1 10 1 1 10 3 1 10 2 1 10 2 1 10 2 1 10 5 1 10 6 1 10 6 1 10 6 1 10 5 1 10 5 1 10 3 1 10 1 1 10 1 1 10 7 1 10 6 1 10 5 1 10 4 1 10 1 1 10 1 1 10 2 1 10 1 1 10 7 1 10 6 1 10 6 1 10 7 1 10 6 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Nb-98 Molybdenum Mo-90 Mo-93 Mo-99 Mo-101 Technetium Tc-96 Tc-96m Tc-97 Tc-97m Tc-99 Tc-99m Ruthenium Ru-97 Ru-103 Ru-105 Ru-106+ Rhodium Rh-103m Rh-105 Palladium Pd-103 Pd-109 Silver Ag-105 Ag-108m+ Ag-110m Ag-111 Cadmium Cd-109 Cd-115 Cd-115m Cd-117 Indium In-111 In-113m In-114m In-115m 2 Concentration for notification. Regulation 18 (Bq/
15. g)1 10 1 [ S.L.653.05 27 3 Quantity for notification. Regulation 18 (Bq/
16. g)1 10 5 1 10 1 1 10 3 1 10 2 1 10 1 1 10 6 1 10 8 1 10 6 1 10 6 1 101 1 10 3 1 103 1 10 3 1 104 1 10 2 1 10 6 1 10 7 1 10 8 1 10 7 1 10 7 1 10 7 1 10 2 1 10 2 1 10 1 1 10 2 1 10 7 1 10 6 1 10 6 1 10 5 1 10 4 1 10 2 1 10 8 1 10 7 1 10 3 1 10 3 1 10 8 1 10 6 1 10 2 1 10 1 1 10 1 1 10 3 1 10 6 1 10 6 1 10 6 1 10 6 1 10 4 1 102 1 103 1 101 1 10 6 1 10 6 1 10 6 1 10 6 1 10 2 1 10 2 1 10 2 1 10 2 1 10 6 1 10 6 1 10 6 1 10 6 28 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Tin Sn-113 Sn-125 Antimony Sb-122 Sb-124 Sb-125 Tellurium Te-123 Te-125m Te-127 Te-127m Te-129 Te-129m Te-131 Te-131m Te-132 Te-133 Te-133m Te-134 Iodine I-123 I-125 I-126 I-129 I-130 I-131 I-132 I-133 I-134 I-135 Xenon Xe-131m Xe-133 Xe-135 Caesium Cs-129 Cs-131 Cs-132 2 Concentration for notification. Regulation 18 (Bq/
17. g)3 Quantity for notification. Regulation 18 (Bq/
18. g)1 10 3 1 10 2 1 10 7 1 10 5 1 10 2 1 10 1 1 10 2 1 10 4 1 10 6 1 10 6 1 10 3 1 10 3 1 10 3 1 10 3 1 10 2 1 10 3 1 10 2 1 10 1 1 10 2 1 10 1 1 10 1 1 10 1 1 10 6 1 10 7 1 10 6 1 10 7 1 10 6 1 10 6 1 10 5 1 10 6 1 10 7 1 10 5 1 10 5 1 10 6 1 10 2 1 10 3 1 10 2 1 10 2 1 10 1 1 10 2 1 10 1 1 10 1 1 10 1 1 10 1 1 10 7 1 10 6 1 10 6 1 10 5 1 10 6 1 10 6 1 10 5 1 10 6 1 10 5 1 10 6 1 10 4 1 10 3 1 10 3 1 10 4 1 10 4 1 10 10 1 10 2 1 10 3 1 10 1 1 10 5 1 10 6 1 10 5 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Cs-134 Cs-134m Cs-135 Cs-136 Cs-137+ Cs-138 Barium Ba-131 Ba-140+ Lanthanum La-140 Cerium Ce-139 Ce-141 Ce-143 Ce-144+ Praseodymium Pr-142 Pr-143 Neodymium Nd-147 Nd-149 Promethium Pm-147 Pm-149 Samarium Sm-151 Sm-153 Europium Eu-152 Eu-152m Eu-154 Eu-155 Gadolinium Gd-153 Gd-159 Terbium Tb-160 Dysprosium 2 Concentration for notification. Regulation 18 (Bq/
19. g)1 10 1 1 10 3 1 10 4 1 10 1 1 10 1 1 10 1 [ S.L.653.05 29 3 Quantity for notification. Regulation 18 (Bq/
20. g)1 10 4 1 10 5 1 10 7 1 10 5 1 10 4 1 10 4 1 10 2 1 10 1 1 10 6 1 10 5 1 10 1 1 10 5 1 10 2 1 10 2 1 10 2 1 10 2 1 10 6 1 10 7 1 10 6 1 10 5 1 102 1 104 1 10 5 1 10 6 1 10 2 1 10 2 1 10 6 1 10 6 1 10 4 1 10 3 1 10 7 1 10 6 1 10 4 1 10 2 1 10 8 1 10 6 1 10 1 1 10 2 1 10 1 1 10 2 1 10 6 1 10 6 1 10 6 1 10 7 1 10 2 1 10 3 1 10 7 1 10 6 1 10 1 1 10 6 30 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Dy-165 Dy-166 Holmium Ho-166 Erbium Er-169 Thulium Tm-170 Tm-171 Ytterbium Yb-175 Lutetium Lu-177 Hafnium Hf-181 Tantalum Ta-182 Tungsten W-181 W-185 W-187 Rhenium Re-186 Re-188 Osmium Os-185 Os-191 Os-191m Os-193 Iridium Ir-190 Ir-192 Ir-194 Platinum Pt-191 Pt-193m Pt-197 Pt-197m Gold 2 Concentration for notification. Regulation 18 (Bq/
21. g)1 10 3 1 10 3 3 Quantity for notification. Regulation 18 (Bq/
22. g)1 10 6 1 10 6 1 10 3 1 10 5 1 10 4 1 10 7 1 10 3 1 10 4 1 10 6 1 10 8 1 10 3 1 10 7 1 10 3 1 10 7 1 10 1 1 10 6 1 10 1 1 10 4 1 10 3 1 10 4 1 10 2 1 10 7 1 10 7 1 10 6 1 10 3 1 10 2 1 10 6 1 10 5 1 10 1 1 10 2 1 10 3 1 10 2 1 10 6 1 10 7 1 10 7 1 10 6 1 10 1 1 10 1 1 10 2 1 10 6 1 10 4 1 10 5 1 10 2 1 10 3 1 10 3 1 10 2 1 10 6 1 10 7 1 10 6 1 10 6 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Au-198 Au-199 Mercury Hg-197 Hg-197m Hg-203 Thallium Tl-200 Tl-201 Tl-202 Tl-204 Lead Pb-203 Pb-210+ Pb-212+ Bismuth Bi-206 Bi-207 Bi-210 Bi-212+ Polonium Po-203 Po-205 Po-207 Po-210 Astatine At-211 Radon Rn-220+ Rn-222+ Radium Ra-223+ Ra-224+ Ra-225 Ra-226+ Ra-227 Ra-228+ Actinium Ac-228 2 Concentration for notification. Regulation 18 (Bq/
23. g)1 10 2 1 10 2 [ S.L.653.05 31 3 Quantity for notification. Regulation 18 (Bq/
24. g)1 10 6 1 10 6 1 10 2 1 102 1 10 2 1 10 7 1 10 6 1 10 5 1 10 1 1 10 2 1 10 2 1 10 4 1 10 6 1 10 6 1 10 6 1 10 4 1 10 2 1 10 1 1 10 1 1 10 6 1 10 4 1 10 5 1 10 1 1 10 1 1 10 3 1 10 1 1 10 5 1 10 6 1 10 6 1 10 5 1 10 1 1 10 1 1 10 1 1 10 1 1 10 6 1 10 6 1 10 6 1 10 4 1 10 3 1 10 7 1 10 4 1 10 1 1 10 7 1 10 8 1 10 2 1 10 1 1 10 2 1 10 1 1 10 2 1 10 1 1 10 5 1 10 5 1 10 5 1 10 4 1 10 6 1 10 5 1 10 1 1 10 6 32 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Thorium Th-226+ Th-227 Th-228+ Th-229+ Th-230 Th-231 Th-232 Th-232sec Th-234+ Protactinium Pa-230 Pa-231 Pa-233 Uranium U-230+ U-231 U-232+ U-233 U-234 U-235 U-236 U-237 U-238+ U-238sec U-239 U-240 U-240+ Neptunium Np-237+ Np-239 Np-240 Plutonium Pu-234 Pu-235 Pu-236 Pu-237 Pu-238 Pu-239 2 Concentration for notification. Regulation 18 (Bq/
25. g)3 Quantity for notification. Regulation 18 (Bq/
26. g)1 10 3 1 10 1 1 10 0 1 10 0 1 10 0 1 10 3 1 10 1 1 10 0 1 10 3 1 10 7 1 10 4 1 10 4 1 10 3 1 10 4 1 10 7 1 10 4 1 10 3 1 10 5 1 10 1 1 10 0 1 10 2 1 10 6 1 10 3 1 10 7 1 10 1 1 10 2 1 10 0 1 10 1 1 10 1 1 10 1 1 10 1 1 10 2 1 10 1 1 10 0 1 10 2 1 10 3 1 10 1 1 10 5 1 10 7 1 10 3 1 10 4 1 10 4 1 10 4 1 10 4 1 10 6 1 10 4 1 10 3 1 10 6 1 10 7 1 10 6 1 10 0 1 10 2 1 10 1 1 10 3 1 10 7 1 10 6 1 10 2 1 10 2 1 10 1 1 10 3 1 10 0 1 10 0 1 10 7 1 10 7 1 10 4 1 10 7 1 10 4 1 10 4 NUCLEAR SAFETY AND RADIATION PROTECTION 1 Radionuclide name, symbol, isotope Pu-240 Pu-241 Pu-242 Pu-243 Pu-244 Americium Am-241 Am-242 Am-242m+ Am-243+ Curium Cm-242 Cm-243 Cm-244 Cm-245 Cm-246 Cm-247 Cm-248 Berkelium Bk-249 Californium Cf-246 Cf-248 Cf-249 Cf-250 Cf-251 Cf-252 Cf-253 Cf-254 Einsteinium Es-253 Es-254 Es-254m Fermium Fm-254 Fm-255 Other radionuclides not listed above (see note 1) 2 Concentration for notification. Regulation 18 (Bq/
27. g)1 10 0 1 10 2 1 10 0 1 10 3 1 10 0 [ S.L.653.05 33 3 Quantity for notification. Regulation 18 (Bq/
28. g)1 10 3 1 10 5 1 10 4 1 10 7 1 10 4 1 10 0 1 10 3 1 10 0 1 10 0 1 10 4 1 10 6 1 10 4 1 10 3 1 102 1 100 1 101 1 100 1 100 1 100 1 100 1 10 5 1 10 4 1 10 4 1 10 3 1 10 3 1 10 4 1 10 3 1 10 3 1 10 6 1 10 3 1 10 1 1 10 0 1 10 1 1 10 0 1 10 1 1 10 2 1 10 0 1 10 6 1 10 4 1 10 3 1 10 4 1 10 3 1 10 4 1 10 5 1 10 3 1 10 2 1 10 1 1 10 2 1 10 5 1 10 4 1 10 6 1 10 4 1 10 3 1 10 7 1 10 6 1 10 -1 1 10 3 Note 1. In the case of radionuclides not specified elsewhere in this Part, the 34 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION quantities specified in this entry are to be used unless the Board has approved some other quantity for that radionuclide. Note 2. Nuclides carrying the suffix "+" or "sec" in the above table represent parent nuclides in equilibrium with their correspondent daughter nuclides as listed in the following Table. In this case the concentrations and quantities given in the above Table refer to the parent nuclide alone, but already take account of the daughter nuclide(
29. s)present. Table B List of nuclides in secular equilibrium as referred to in point 6 of this Schedule Parent nuclide Sr-80+ Sr 90+ Zr-93+ Zr-97+ Ru-106+ Cs-137+ Ba-140+ Ce-134+ Ce-144+ Pb-210+ Bi-210m+ Pb-212+ Bi-212+ Rn-220+ Rn-222+ Ra-223+ Ra-224+ Ra-226+ Ra-228+ Th-226+ Th-228+ Th-229+ Th-232sec Th-234+ U-230+ U-232+ U-235+ U-238+ U-238sec U-240+ Daughter nuclides Rb-82 Y-90 Nb-93m Nb-97 Rh-106 Ba-137m La-140 La-134 Pr-144 Bi-210, Po-210 Tl-206 Bi-212, Tl-208, Po-212 Tl-208, Po-212 Po-216 Po-218, Pb-214, Bi-214, Po-214 Rn-219, Po-215, Pb-211, Bi-211, Tl-207 Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Rn-222, Po-218, Pb-214, Bl-214, Po-214, Pb-210, Bi-210, Po-210 Ac-228 Ra-222, Rn-218, Po-214 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209 Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Pa-234m Th-226, Ra-222, Rn-218, Po-214 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Th-231 Th-234, Pa-234m Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Np-240 NUCLEAR SAFETY AND RADIATION PROTECTION Parent nuclide Np-237+ Am-242m+ Am-243+ [ S.L.653.05 35 Daughter nuclides Pa-233 Am-242 Np-239 THIRD SCHEDULE Regulation 22 DOSE LIMITS FOR DIFFERENT CLASSES OF PERSONS Dose limit applies to the sum of the relevant doses from external exposures in one year and the committed doses from intakes in the same period. PART 1 Dose limits for apprentices and students

(1)The limit for effective dose for apprentices or students aged between 16 and 18 years who, in the course of their studies, are obliged to use sources shall be 6 mSv per year. Without prejudice to this dose limit: (

1. a)the limit on equivalent dose for the lens of the eye shall be 50 mSv in a year; (
2. b)the limit on equivalent dose for the skin shall be 150 mSv in a year. This limit shall apply to the dose averaged over any area of 1 cm2, regardless of the area exposed; (
3. c)the limit on equivalent dose for the hands, forearms, feet and ankles shall be 150 mSv in a year.

(2)The exposure conditions and operational protection of apprentices and students aged between 16 and 18 years referred to in paragraph

(1)shall be equivalent to that of exposed workers of category B.

(3)The dose limits for apprentices and students aged 18 years or over who, in the course of their studies, are obliged to use sources shall be as the dose limits for exposed workers laid down in Part 2.

(4)The dose limits for apprentices and students who are not subject to the provisions of paragraph

(1)and

(3)shall be the same as the dose limits for members of the public specified in Part 4. PART 2 Dose limits for exposed workers

(1)For the purposes of regulation 22

(1), the limit on effective dose for any worker of 18 years of age or above shall be 20 mSv in any calendar year.

(2)Where an employer is able to demonstrate in respect of any worker that this dose limit is impracticable having regard to the nature of the work undertaken by that worker, the limit on effective dose for such exposed workers shall be 100 mSv in a consecutive five-year period, subject to a maximum effective dose of 50 mSv in any calendar year. 36

(3)[ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION Without prejudice to paragraphs

(1)and

(2): (

1. a)the limit on equivalent dose for the lens of the eye shall be 150 mSv in a year; (
2. b)the limit on equivalent dose for the skin shall be 500 mSv in a year. This limit shall apply to the dose averaged over any area of 1 cm 2, regardless of the area eaposed; (
3. c)the limit on equivalent dose for the hands, forearms, feet and ankles shall be 500 mSv in a year. PART 3 Women of reproductve capacity

(1)Without prejudice to the above paragraphs, the limit on equivalent dose for the abdomen of a woman of reproductive capacity who is at work, being the equivalent dose from extrnal radiation resulting from exposure to ionising radiation averaged throughout the abdomen, shall be 13 mSv in any consecutive period of three months.

(2)As soon as a pregnat woman informs the undertaking, in accordance with the Protcction of Maternity at Workplaces Regulations, of her condition, the protection of the child to be born shall be comparable wuth that provded for members of the public. The conditions for the pregnant woman in the context of her employment shall therefore be such that the equivalent dose to the child to be born will be as low as reasonably achievable and that it will be unlikely that this dose will exceed 1 mSv during at least the remainder of the pregnancy.

(3)As soon as a breastfeeding woman informs the undertaking in accordance with the Protection of Maternity at Workplaces Regulations of her condition she shall be employed so that 1/20 of the annual limit intake (ALI) shall not be exceeded. PART 4 Other persons

(1)Subject to paragraph

(2)hereof, for the purposes of regulation 22

(1)the limit on effective dose for any person other than a worker or trainee, including any person below the age of 16, attributable to practices or work activities, shall be 1 mSv in any calendar year.

(2)Paragraph

(1)shall not apply in relation to any person (not being a comforter or carer) who may be exposed to ionising radiation resulting from the medical exposure of another person and in such a case the limit on effective dose for any such person shall be 5 mSv in any period of five consecutive calendar years.

(3)Without prejudice to paragraphs

(1)and

(2)(

1. a)the limit on equivalent dose for the lens of the eye shall be 15 mSv in any calendar year; (
2. b)the limit on equivalent dose for the skin shall be 50 mSv in any calendar year averaged over any 1 cm2 area regardless of the area exposed; (
3. c)the limit on equivalent dose for the hands, forearms, feet and ankles shall be 50 mSv in a calendar year: Provided that the dose limits from all relevant practices or work activities shall not apply to any of the following exposures: (
4. a)exposure of individuals as part of their own medical diagnosis or NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 37 treatment; (
5. b)exposure of individuals knowingly and willingly helping (other than as part of their occupation) in the support and comfort of patients undergoing medical diagnosis or treatment. The dose of any such comforter or visitor of patients shall be constrained so that it is unlikely that his dose will exceed 5 mSv during the period of patient’s examination or treatment. The dose to children visiting patients, who have ingested radioactive materials, should similarly be constrained to less than 1 mSv; (
6. c)exposure of volunteers participating in medical and biomedical research programmes.

(4)Generic dose constraints: In relation to regulation 21, the generic dose constraint of effective dose, applicable to a single practice or work activity and to the mean dose among individuals of the critical group of the public, shall be 0.25 mSv/y. FOURTH SCHEDULE Regulation 38

(4)Amended by: L.N. 426 of 2012. PARTICULARS TO BE ENTERED IN THE RADIATION PASSBOOK 1. Indivdual serial number of the passbook. 2. A statement that the passbook has been approved by the Board for the purpose of these Regulations. 3. Datc of issue of the passbook by the approved dosimetry service. 4. The name, telephone number and mark of endorsement of the issuing approved dosimetry service. 5. The name, address, telephone and telex/fax number of the employer. 6. Full name (surname, forenames), date of birth, gender and a legally valid identification document number and/or national insurance number of the outside worker to whom the passbook has been issued. 7. Date of the last medical review of the outside worker and the relevant classification in the health record maintained under regulation 44 as fit, fit subject to conditions (which shall be specified) or unfit. 8. The relevant dose limits applicable to the outside worker to whom the passbook has been issued. 9. The cumulative dose assessment in mSv for the year to date for the outside worker, external (whole body, organ or tissue) and/or internal as appropriate and the date of the end of the last assessment period. 10. In respect of services performed by the outside worker (

1. a)the name and address of the employer responsible for the controlled area; (
2. b)the period covered by the performance of the services; 38 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION (
3. c)estimated dose information, which shall be, as appropriate (
4. i)all estimate of any whole body effective dose in mSv received by the outside worker; (
5. ii)in the event of non-uniform esposure, an estimate of the equivalent dose in mSv to organs and tissues as appropriate; and (iii) in the event of internal radioactive contamination, an estimate of the activity taken in or the committed dose. FIFTH SCHEDULE Regulation 45 Amended by: L.N. 426 of 2012 PARTICULARS TO BE CONTAINED IN A HEALTH RECORD The following particulars shall be contained in a health record made for the purposes of regulation 45 (
6. a)the worker’s (
7. i)(
8. ii)(iii) (
9. iv)(
10. v)full name; sex; date of birth; permanent address; and Legally Valid Identification Document Number and/or National Insurance number; (
11. b)the date of the worker’s commencement as a classified person in present employment; (
12. c)the nature of the worker’s employment; (
13. d)in the case of a female worker, a statement as to whether she is likely to receive in any consecutive period of three months an equivalent dose of ionising radiation for the abdomen exceeding 13 mSv; (
14. e)the date of last medical examination or health review carried out in respect of the worker; (
15. f)the type of the last medical examination or health review carried out in respect of the worker; (
16. g)a statement by the approved medical practitioner or approved occupational health service made as a result of the last medical examination or health review carried out in respect of the worker classifying the worker as fit, fit subject to conditions (which should be specified) or unfit; (
17. h)in the case of a female worker in respect of whom a statement has been made under paragraph (
18. d)to the effect that she is likely to receive in any consecutive period of three months an equivalent dose of ionising radiation for the abdomen exceeding 13 mSv, a statement by the approved medical practitioner or approved occupational health service certifying whether in his professional opinion the worker should be subject to the additional dose limit specified in paragraph

(1)of Part 3 NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 39 of the Third Schedule; (

1. i)in relation to each medical examination and health review, the name and signature of the approved medical practitioner or approved occupational health service; (
2. j)the name and address of the approved dosimetry service with whom arrangements have been made for maintaining the dose record in accordance with regulation 38. SIXTH SCHEDULE Regulation 5 CONVENTION ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL Preamble THE STATES PARTIES TO THIS CONVENTION, Recognising the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy, Convinced of the need for facilitating international co-operation in the peaceful application of nuclear energy, Desiring to avert the potential dangers posed by the unlawful taking and use of nuclear material, Convinced that offences relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and punishment of such offences, Aware of the need for international co-operation to establish, in confornnty with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material, Convinced that this Convention should facilitate the safe transfer of nuclear material, Stressing also the importance of the physical protection of nuclear material in domestic use, storage and transport, Recognising the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection, Have agreed as follows: Article 1 For the purposes of this Convention: a. "nuclear material" means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing; b. "uranium enriched in the isotope 235 or 233" means uranium containing the 40 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; c. "international nuclear transport" means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination. Article 2 1. This Convention shall apply to nuclear material used for peaceful purposes while in international nuclear transport. 2. With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for pcacefþul purposes while in domestic use, storage and transport. 3. Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State regarding the domestic use, storage and transport of such nuclear material. Article 3 Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transports nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex 1. Article 4 1. Each State Party shall not export or authorise the export of nuclear material unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in Annex I. 2. Each State Party shall not import or authorize the import of nuclear material from a State not party to this Convention unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in Annex I. 3. A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex I. 4. Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace. 5. The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter. 6. The responsibility for obtaining assurances referred to in paragraph 1 may NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 41 be transferred, by mutual agreement, to the State Party involved in the transport as the importing State. 7. Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea. Article 5 1. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for coordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof. 2. In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular: a. State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations; b. as appropriate, the States Parties concerned shall exchange information with each other or international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall: i. ii. iii. co-ordinate their efforts through diplomatic and other agreed channels; render assistance; if requested; ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events. The means of implementation of this co-operation shall be determined by the States Parties concerned. 3. States Parties shall co-operate and consult as appropriate, with each other directly or through international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport. Article 6 1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected. 2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material. 42 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION Article 7 1. The intentional commission of: a. an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property; b. a theft of robbery of nuclear material; c. an embezzlement or fraudulent obtaining of nuclear material; d. an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation; e. a threat: (
3. i)to use nuclear material to cause death or serious injury to any person or substantial property damage, or (
4. ii)to commit an offence described in sub-paragraph (
5. b)in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act; f. an attempt to commit any offence described in paragraphs (a), (
6. b)or (c); and g. an act which constitutes participation in any offence described in paragraphs (
7. a)to (
8. f)shall be made a punishable offence by each State Party under its national law. 2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature. Article 8 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases: a. when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State; b. when the alleged offender is a national of that State. 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is presented in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. 4. In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State. Article 9 Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned. NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 43 Article 10 The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Article 11 1. The offences in article 7 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include those offences as extraditable offences in every future extradition treaty to be concluded between them. 2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State. 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. 4. Each of the offences shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties required to establish their jurisdiction in accordance with paragraph 1 of article 8. Article 12 Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 7 shall be guaranteed fair treatment at all stages of the proceedings. Article 13 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in article 7, including the supply of evidence at their disposal necessary for the proceedings. The law of the State requested shall apply in all cases. 2. The provisions of paragraph 1 shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters. Article 14 1. Each State Party shall inform the depository of its laws and regulations which give effect to this Convention. The depository shall communicate such information periodically to all States Parties. 2. The State Party where an alleged offender is prosecuted shall, wherever practicable, first communicate the final outcome of the proceedings to the States directly concerned. The State Party shall also communicate the final outcome to the depository who shall inform all States. 3. Where an offence involves nuclear material used for peaceful purposes in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceedings arising out of such an [ S.L.653.05 44 NUCLEAR SAFETY AND RADIATION PROTECTION offence. Article 15 The Annexes constitute an integral part of this Convention. Article 16 1. A conference of States Parties shall be convened by the depository of five years after the entry into force of this Convention to review the implementation of the Convention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation. 2. At intervals of not less than five years thereafter, the majority of States Partics may obtain, by submitting a proposal to this effect to the depository, the convening of further conferences with the same objective. Article 17 1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes acceptable to all parties to the dispute. 2. Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests by the partits to the dispute, the request to the SecretaryGeneral of the United Nations shall have priority. 3. Each State Party may at the time of signature, ratification, acceptance, or approval of this Convention or accession thereto declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that procedure. 4. Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notification to the depositary. Article 18 1. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into force. 2. This Convention is subject to ratification, acceptance or approval by the signatory States. 3. After its entry into force, this Convention will be open for accession by all States. 4. a. This Convention shall be open for signature or accession by international organizations and regional organizations of an integration or other nature, provided that any such organization is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention. NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 45 b. In matters within their competence, such organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties. c. When becoming party to this Convention such an organization shall communicate to the depository a declaration indicating which States are members thereof and which articles of this Convention do not apply to it. d. Such an organization shall not hold any vote additional to those of its Member States. 5. Instruments of ratification, acceptance, approval or accession shall be deposited with depository. Article 19 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-first instrument of ratification, acceptance or approval with the depository. 2. For each State ratifying, accepting, approving or acceding to the Convention after the date of deposit of the twenty-first instrument of ratification, acceptance or approval, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification. acceptance, approval or accession. Article 20 1. Without prejudice to article 16 a State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depository who shall circulate it immediately to all States Parties. If a majority of States Parties request the depository to convene a conference to consider the proposed amendments, the depository shall invite all States Parties to attend such a conference to being not sooner than thirty days after the invitations are issued. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be promptly circulated by the depository to all States Parties. 2. The amendment shall enter into force for each State Party that deposits its instrument of ratification, acceptance or approval of the amendment on the thirtieth day after the date on which two-thirds of the States Parties have deposited their instruments of ratification, acceptance or approval with the depository. Thereafter, the amendment shall enter into force for any other State Party on the day on which that State Party deposits its instrument of ratification, acceptance or approval of the amendment. Article 21 1. Any State Party any denounce this Convention by written notification to the depository. 2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the depository. Article 22 The depository shall promptly notify all States of: a. each signature of this Convention; b. each deposit of an instrument of ratification, acceptance, approval or accession; c. any reservation or withdrawal in accordance with article 17; 46 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION d. any communication made by an organization in accordance with paragraph 4(
9. c)of article 18; e. the entry into force of this Convention; f. the entry into force of any amendment to this Convention; and g. any denunciation made under article 21. Article 23 The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certitied copies thereof to all States. Sixth Schedule: Annex I Levels of Physical Protection to be Applied in International Transport of Nuclear Materials as Categorized In Annex II 1. Levels of physical protection for nuclear material during storage incidental to international nuclear transport include: a. For Category III materials, storage within an area to which access is controlled; b. For Category II materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection; c. For Category I material, storage within a protected area as defined for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate responses forces. Specific measures taken in this context should have as their object the detection and prevention of any assault, unauthorized access or unauthorized removal of material. 2. Levels of physical protection for nuclear material during international transport include: a. For Category II and III materials, transportation shall take place under special precautions including prior arrangements among sender, receiver, and carrier, and prior agreement between natural or legal persons subject to the jurisdiction and regulation of exporting and importing States, specifying time,place and procedures for transferring transport responsibility; b. For Category I materials, transportation shall take place under special precautions identified above for transportation of Category II and III materials, and in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces; c. For natural uranium other than in the form of ore or ore-residue; transportation protection for quantities exceeding 500 kilograms uranium shall include advance notification of shipment specifying mode of transport, expected time of arrival and confirmation of receipt of shipment. NUCLEAR SAFETY AND RADIATION PROTECTION [ S.L.653.05 47 Sixth Schedule: Annex II Table: Categorization of Nuclear Material Category I II III c/ a/ b/ 1. Plutonium Unirradiated 2 kg or more Less than 2 kg but 500 g or less more than 500 g but more than 15 g 5 kg or more Less than 5 kg but 1 k g o r l e s s 2. Uranium-235 Unirradiated b/ uranium enriched to 20% more than 1 kg but more than 235 U or more 15 g 10 kg or more Less than 10 uranium enriched to 10% 235 U but less than 20% kg but more than 1 kg 10 kg or more uranium enriched above natural, but less than 10% 235 U 2 kg or more Less than 2 kg but 500 g or less 3. Uranium-233 Unirradiated b/ more than 500 kg but more than 15 g 4. Irradiated Depleted or fuel natural uranium, thorium or lowenriched fuel (less than 10% fossile content)d e Material Form a All plutonium except that with isotopic concentration exceeding 80% in plutonium-238. b Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 100 rads/hour at one metre unshielded. c Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice or work actvity. d Although this level of protection is recommended, it would be open to States, upon evaluation of the specific circumstances, to assign a different category of physical protection. e Other fuel which by virtue of its original fissile material content is classified as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 rads/hour at one metre unshielded. SEVENTH SCHEDULE Protection of workers undertaking intervention

(1)No worker undertaking an intervention shall be exposed in excess of the maximum single year dose limit for occupational exposure specified in the Third Schedule except: (

1. a)for the purpose of saving life or preventing serious injury; or (
2. b)if undertaking actions to prevent the development of catastrophic conditions. When undertaking intervention under these circumstances, all reasonable efforts shall be made to keep doses to workers below twice the maximum single dose year limit, except for life saving actions, in which every effort shall be made to keep doses below ten times the maximum single dose year limit, in order to avoid deterministic effects on health. In addition, workers undertaking actions in which 48 [ S.L.653.05 NUCLEAR SAFETY AND RADIATION PROTECTION their doses may approach or exceed ten times the maximum single dose year limit shall do so only when the benefits to others clearly outweigh their owm risk.

(2)Workers who undertake actions in which the dose may exceed the maximum single dose year limit shall be volunteers and shall be clearly and comprehensively informed in advance of the associated health risk, and shall, to the extent feasible, be trained in the actions that may be required.

(3)Once the emergency phase of an intervention has ended, workers undertakings recovery operations shall be subject to the full system of requirements for occupational exposure specified in these regulations.

(4)All reasonable steps shall be taken to provide appropriate protection during the emergency intervention and to assess and separately record the doses received by workers involved in such intervention. The doses received during intervention and the associated health risk shall be communicated to the workers involved.

(5)Workers taking part in intervention shall not normally be precluded from incurring further occupational exposure because of doses received in an emergency situation. However, qualified medical advice shall be obtained before any such further exposure, if a worker receives a dose exceeding ten times the maximum single dose year limit, or at the worker’s request.