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During 1955 - 2008 the internal rules, the organizational structure, the level of subordination and the powers of the National Commission for Nuclear Activities Control were repeatedly amended as shown below, pursuant to several enactements that regulated, along the years, the above mentioned aspects as well as aspects regarding the nuclear activity carried out in Romania.
In 1995, by the Decision of the Council of Ministers (HCM) no. 903/1995, besides the Council of Ministers of the Popular Republic of Romania, there was created the Committee for Nuclear Energy (CEN) that ”shall ensure the material basis for research in the field of nuclear physics and the application thereof in the science and technical fields”, the reorganization of which was later improved.
In 1961, the Decision of the Council of Ministers no. 741/1961 regulated the regime of work with the radioactive sources. The Committee for Nuclear Energy of the Council of Ministers was thereby designated as authorization body and within the Institute of Atomic Physics there was created the Commission for Guidance and Control of Nuclear Units as control body, the internal rules of which was to be approved by the Committee for Nuclear Energy. This regulation imposed the first administrative rules on radiation protection and labor safety, on personnel training and medical control, that are specific to the work with nuclear (ionizing) radiation sources.
Since 1968, the Committee for Nuclear Energy’s duty was to scientifically and methodologically guide and coordinate the activities carried out in the nuclear field in the Socialist Republic of Romania, with a view to implement the state policy in this field. Such duties were regulated by Decision of the Council of Ministers no. 1299/1968 on the internal rules of the Committee for Nuclear Energy. His decision sets forth the elaboration of the national nuclear program and the surveillance and control of its implementation by the CEN.
The CEN is granted by said decision the regulatory, authorization and control authority, while the Institute of Atomic Physics of the Socialist Republic of Romania is transferred under subordination of the CEN.
In 1968 as well, the Decision of the Council of Ministers no. 1301/1968 sets forth the organizational structure of the Committee for Nuclear Energy, the president of which was Mr. Horia Hulubei and the vice-president of which was Mr. Ion Ursu. The Committee’s organizational structure was later completed by the Council of Ministers’ Decision no. 2594/1968 and no. 1638/1969.
In 1969, the State Council Decree no. 870/1969 that became Law no. 7/1970, regulated the organization and operation of the State Committee for Nuclear Energy (SNCE), as follows: ”The State Committee for Nuclear Energy, central body of the state administration, implements the policy of the party and state in the nuclear field”. This decree was later amended by Decree no. 282/1972. Article 5 (a) strengthens the role of body in charge with the authorization and control of nuclear activities and paragraphs (j) and (p) of the same article establish the regulatory authority in the nuclear field. The State Inspection for Nuclear Activities Control (ISCAN) is set up within the CSEN.
In 1974, the Law no. 61/1974 on the deployment of activities in the nuclear field in the Socialist Republic of Romania was adopted, subsequently repeled by the Law no. 111/1996 that stipulates: „The central body of the state administration that implements the policy of the party and state policy in the nuclear field is the State Committee for Nuclear Energy”.
This was the first nuclear law that strengthened and extended the regulatory, authorization and control powers with respect to nuclear activities in Romania, without exception, through the CSEN – ISCAN. The organization and operation of the State Committee for Nuclear Energy was regulated in 1979 by the Decree no. 85/1979 that stipulated among the committee’s powers and duties: the authorization and control of activities in the nuclear field on the territory of the Socialist Republic of Romania as well as the control and the responsability for the compliance with the quality assurance requirements with respect to the design, fabrication and assembly of nuclear power plants and other objectives related to the nuclear power. In 1982, a new law is adopted – Law no. 6/1982 on the quality assurance of nuclear objectives and installations, according to which: ”The State Committee for Nuclear Energy controls and is in charge with the performance of quality assurance requirements for the activities of design, construction – assembly and operation of nuclear objectives and installations, execution of products and services suplly for such objectives and installations”. This law was later repealed by Law no. 111/1996.
The State Committee for Nuclear Energy was dissolved by the Decree no. 6/1990 of the National Salvation Front Council. Through the same Decree, there was established the Institute of Atomic Physics: ”On the date hereof, the State Committee for Nuclear Energy is dissolved and the powers and duties in the field of nuclear energy are taken over by the Ministry of Electric Energy”.
The National Commission for Nuclear Activities Control was created on January 8th, 1990, by the Decree no. 29/1990, according to which : ”The National Commission for the Nuclear Activities is hereby created by taking over the whole set of assets and liabilities of the State Inspection for Nuclear Activities Control and Nuclear Quality Assurance. Mr. Olariu Stefan Alexandru is hereby appointed president of the National Commission for Nuclear Activities Control with the rank of secretary of state”.
In 1990, the Decree no. 221/1990 sets forth the operation and powers of the National Commission for Nuclear Activities Control as follows: ”The National Commission for Nuclear Activities Control is a specialized central body of the state administration that will act as national body for authorization and control with respect to all activities of introduction, development and use for peaceful purposes of nuclear energy. The National Commission for Nuclear Activities Control shall authorize the sitting, construction and operation of nuclear objectives and shall control the radiation protection performance of personnel, population and environment”.
The Government Decision no. 983/1990 on the internal rules of the Ministry of Environment set forth the regulatory, authorization and control powers of the National Commission for Nuclear Activities Control under the subordonation of the Ministry of Environment.
Government Decision no. 264/1991 on the internal rules of the Ministry of Environment, subsequently amended by Government Decision no. 336/1992, set forth the Ministry of Environment’s powers in the field of nuclear activities control.
According to the Government Decision no. 792/1992 on internal rules of the Ministry of Waters, Forests and Environmental Protection, the ministry is granted regulatory, authorization and control powers in the nuclear field and the National Commission for Nuclear Activities Control is identified as distinct entity within the organizational chart of said ministry.
The Law no. 111/1996 on the seif deployment of nuclear activities was adopted in 1996. It sets forth that ”The competent national authority in the nuclear field, which has responsabilities of regulation, authorization and control as stipulated in this Law, is the Ministry of Waters, Forests and Environmental Protection, through the National Commission for Nuclear Activities Control”.
The Government Decision no. 457/1994 on the internal rules of the Ministry of Waters, Forests and Environmental Protection repealed the Government Decision no. 792/1992 and the Government Decision no. 568/1997 repealed Government Decision no. 457/1994.
In 1997, the Government Decision no. 249/1991 approved the Regulation for the organization and operation of the National Commission for Nuclear Activities Control.
On January 8th, 1998 pursuant to Law no. 16/1998 on the amendment and supplement of Law no. 111/1996 on the seif deployment of nuclear activities, it has been set forth that „The competent national authority in the nuclear field, that has responsabilities of regulations, authorization and control as stipulated in this law, is the National Commission for Nuclear Activities Control, subordinated to the Government”.
The Government Decision no. 287/1998 approved the Regulation for the Organization and Operation of the National Commission for Nuclear Activities Control as specialized body of the central public administration, with legal personality, subordinated to the Government.
During 1997 – 2000, seven specific regulations applicable in the nuclear field were elaborated. According to the Law no. 703/2001 on civil liability for nuclear damages, CNCAN is the competent national authority to verify the existence of insurance or financial security contracts of the operators, in order to cover the civil liability for nuclear damages.
The Government Decision no. 894/2003 sets forth the manner in which the provisions of Law no. 703/2001 on civil liability for nuclear damages shall be applied.
In 2003, by the Government Ordinance no. 7/2003 the use of nuclear energy for peaceful purposes was regulated
The Law no. 193/2003 brings new amendaments and supplements to Law no. 111/1996 on the safe deployment of nuclear activities, as follows: ”The competent national authority in the nuclear field, which has responsabilities of regulation, authorization and control as stipulated in this law is the National Commission for Nuclear Activities Control, a nation-wide public institution, acting as a legal entity, with the head office in Bucharest, being headed by a President having the rank of Secretary of State, coordinated by the Ministry of Waters and Environmental Protection. The Commission financing shall be fully provided from extra-budgetary incomes, obtained from tariffs for the authorization and control of nuclear activities and contributions of international bodies or economic agents”.
On 23rd December 2003, the Government Decision no. 1627/2003 approved the internal rules of the National Commission for Nuclear Activities Control. This regulation is still into force and was amended by the Government Decision no. 750/2004 and by Decision no. 1536/2008.
During 2001–2004, over 93 specific regulations applicable in the nuclear field were elaborated and published in the Official Gazette of Romania.
On 22nd March, 2006, in light of Romania’s accesion to the European Union and with a view to align the Romanian regulations to the European norms in this field, new amendments and supplements were brought to Law no. 111/1996 on the seif deployment of nuclear activities, by the Law no. 63/2006.
„The national competent authority in the nuclear field, that has responsabilities of regulation, authorization and control as stipulated in this Law, is the National Commission for Nuclear Activities Control, a nation-wide public institution, acting as a legal entity, with thw head office in Bucharest, being headed by a President having the rank of Secretary of State, and coordinated by the Prime - Minister’s Chancellery”.
On 27th June 2006, the Law no. 111/1996 on the safe deployment, regulation, authorization and control of nuclear activities, was republished.
50 years of regulation, authorization and control in nuclear field