national atomic energy agency - paa.gov.platomic_law.pdf · translation by the national atomic...

Translation by the National Atomic Energy Agency

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Below is a text of the Atomic Law Act consolidated by the Legal Department of the

National Atomic Energy Agency.

The wording of the Act which is enforceable since 1 January 2012 includes a uniform

text of 14 February 2007 (Journal of Laws of 2007 No 42, Item 276) and subsequent

amendments introduced by virtue of:

1) the Act of Parliament of 11 April 2008 on the Amendment of Act – the Atomic

Law (Journal of Laws of 2008 No 93, Item 583),

2) the Act of Parliament of 19 December 2008 on the Amendment of Act on

Freedom of Economic Activities and Amendment of Other Laws (Journal of

Laws of 2009 No 18, Item 97),

3) the Act of Parliament of 21 November 2008 on the Civil Service (Journal of

Laws, No 227, Item 1505),

4) the Act of Parliament of 27 August 2009 on the Customs Service (Journal of


5) the Act of Parliament of 20 May 2010 on Medical Devices (Journal of Laws, No

107, Item 679),

6) the Act of Parliament of 15 April 2011 on Medical Activities (Journal of


7) the Act of Parliament of 13 May 2011 amending the Act on Atomic Law and

Other Laws (Journal of Laws, No 132, Item 766).

ACT OF PARLIAMENT

of 29 November 2000

Atomic Lawi

Chapter 1

General provisions

Article 1.1. This Act shall determine the following:

1) activities related to peaceful uses of atomic energy, involving actual and potential

exposures to ionizing radiation emitted by artificial radioactive sources, nuclear

materials, ionizing radiation generating devices, radioactive waste and spent

nuclear fuel;

2) duties of the head of organizational entity conducting these activities;


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3) authorities competent in the matters of nuclear safety and radiological protection;

4) principles of liability for nuclear damage,

5) principles of the fulfilment of international obligations, including those within the

European Union, involving nuclear safety, protection against ionizing radiation,

nuclear material safeguards and the control of nuclear technologies.

2. This Act shall establish also financial penalties for the violation of nuclear safety and

radiological protection regulations, and the rules for imposing such penalties.

3. This Act shall apply also to the activities conducted in conditions of exposure to

natural ionizing radiation enhanced by human activity.

4. Moreover, this Act shall determine the principles of radioactive contamination

monitoring and shall establish the rules governing the activities undertaken in the event of

a radiation emergency as well as in chronic exposure conditions in the aftermath of

radiation emergency or some past practice.

5. This Act shall define also special principles for the protection of people against the

threats resulting from the ionizing radiation applications for medical purposes.

Article 2. Activities referred to in Article 1 Section 1, Item 1 and Article 1 Section 3 shall

be permitted after undertaking the measures defined in appropriate regulations, aimed at

ensuring safety and protection of human life and health, as well as protection of the

property and environment.

Article 3. For the purposes of this Act, the terms used shall have the following meaning:

1) clinical audit – systematic control or review of radiological medical procedures,

aimed at the improvement of the quality of health services rendered to the patient

through systematized analysis within which the radiological practice, procedures

and results are compared to the recognized standards, and – if necessary –

through the modification of existing procedure or the introduction of new

standards;

1a) design basis accident – emergency conditions of a nuclear facility accounted

for in the nuclear facility design as per established design requirements,

wherein fuel damage and radioactive substance release are maintained

within specific limits;


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2) nuclear safety – achieving specific operating conditions, preventing and

limiting the consequences of accidents, if any, to safeguard personnel and

population protection against the risks of ionizing radiation from nuclear

facilities;

2a) severe accident – emergency conditions of a nuclear facility which are more

serious than design basis accidents that lead to significant degradation of the

reactor core and potential significant release of radioactive substances;

3) dose limit - value for ionizing radiation dose expressed in terms of effective dose

or equivalent dose, established for specified individuals, coming from controlled

occupational exposure, which shall not be exceeded, except under circumstances

provided for in this Act;

4) absorbed dose – absorbed dose as defined in Annex 1 to this Act;

5) equivalent dose – equivalent dose as defined in Annex 1 to this Act;

6) effective dose – effective dose as defined in Annex 1 to this Act;

7) intervention measures – activities that prevent or mitigate human exposure

resulting from radiation emergency consisting of actions aimed at the ionizing

radiation source, radioactive contamination source, contamination pathways and

at people;

71) safety function – a function exercised by the system, a specific construction

item or equipment item of a nuclear facility in order to provide safety;

7a) health care unit – entity and individuals providing health services as defined

in regulations on medical activities involving ionizing radiation;

8) organizational entity – each and every entity engaged in activities involving

exposure;

9) decommissioning of a nuclear facility – bringing a nuclear facility or installation

to the status which allows the conduct of any activity, with no limitations from

the viewpoint of nuclear safety and radiological protection;

10) decommissioning of radioactive waste or spent nuclear fuel repository – bringing

the site of a radioactive waste repository or spent nuclear fuel repository to the

status which allows the conduct of any activity with no limitations from the

viewpoint of nuclear safety and radiological protection;

10a) operating limits and conditions – a set of requirements stated in the licence

for activities involving exposure and consisting in commissioning and

operation of a nuclear facility, which defines threshold values of operating


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parameters of a nuclear facility, the required functional availability,

equipment performance and staffing;

11) nuclear material – ores, starting (source) materials or special fissile materials,

referred to in Article 197 of the Treaty establishing the European Atomic Energy

Community, hereinafter referred to as “Euratom Treaty”;

12) nuclear medicine – all diagnostic activities involving the radiopharmaceuticals

administered to the patients, and also therapeutic procedures involving

radiopharmaceutical products;

13) medical radiological procedure – description of activities necessary for

performing an examination or treatment with the use of ionizing radiation, for

diagnostic or therapeutic purposes;

14) medical radiological emergency – unintended event, such as an error in

radiological equipment operation, radiological equipment failure or interrupted

operation, and also other unfortunate event, with consequences that may not be

disregarded from the viewpoint of radiological protection of the patient;

15) exposure – process in which human body is exposed to ionizing radiation;

16) emergency exposure – exposure of the individual participating in the elimination

of radiation emergency consequences or in the intervention measures, during

which he / she may obtain a dose exceeding the annual dose limit for workers;

16a) normal operation – operation of a nuclear facility within operating limits

and conditions;

17) nuclear facility – a nuclear power plant, research reactor, isotopic

enrichment facilities, nuclear fuel production facilities, spent nuclear fuel

reprocessing facilities, spent nuclear fuel storage facilities, as well as any

radioactive waste storage facilities directly related thereto or located within

the premises thereof;

18) target volume – volume of the cancerous tumour or other tissues, which are

irradiated to obtain a planned therapeutic effect;

19) physical protection – all organizational and technical measures aimed at ensuring

effective protection of nuclear materials and nuclear facilities against acts of

terrorism, diversion, sabotage and theft;

20) radiological protection – prevention of human exposure and environmental

contamination, and if preventing such situations is not possible – limitation of


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their consequences to the lowest reasonably achievable level, taking into account

economic, social and health factors;

21) radiological protection of the patient – set of actions and restrictions aimed at the

minimization of the patient’s exposure to the ionizing radiation, which will not

excessively hamper or prevent obtaining the desired and valid diagnostic

information or therapeutic effects;

22) radioactive waste – solid, liquid or gaseous materials containing radioactive

substances or contaminated by such substances, further use of which is pointless

or impossible, assigned to waste categories referred to in Article 47; this

definition shall not be applicable to Chapter 8a;

23) dose constraint – limiting value for anticipated individual doses, which may result

from a specific ionizing radiation source, taken into account in radiological

protection planning for optimization purposes;

24) radioactive waste management - all activities involving processing, handling,

storage or disposal of radioactive waste, including the elimination of radioactive

contamination and facility decommissioning;

25) spent nuclear fuel management – all activities involving reprocessing, handling,

storage or disposal of spent nuclear fuel, including facility decommissioning;

25a) established initiating emergency – an emergency identified at the design

stage of a nuclear facility which can lead to a predictable operating

emergency or emergency conditions;

26) intervention level – numerical value of avertable effective dose or equivalent

dose, or the level of radioactive isotope content in foodstuffs and drinking water

intended for people, and in feeds for animals, which necessitates the

consideration of specific intervention measures if there is a possibility of

exceeding this value;

27) reference levels – ionizing radiation doses to the skin surface in medical X-ray

diagnostic practices, or in case of administering radiopharmaceuticals to the

patients – levels of activity, related to the examination of standard-sized patients,

for individual categories of radiological equipment. Reference levels shall not be

exceeded for standard radiological procedures when using appropriate practices

and technical equipment. Reference levels may be exceeded in case of important

clinical indications;

28) external employer – employer who employs the workers referred to in Article 17

Section 1, Item 1, conducting any activity on another employer’s controlled area;


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29) worker – worker as defined in the provisions of the Labour Law, an individual

performing work on the basis other than employment relationship, and also self-

employed individual, who in the ionizing radiation exposure conditions may

obtain doses exceeding the dose limit values for the members of public;

30) external worker – worker referred to in Article 17 Section 1, Item 1, employed by

an external employer or self-employed, conducting any activity on a controlled

area for which neither the worker, nor his /her employer is responsible;

31) apprentice – individual undergoing a training or practice in the organizational

entity, to acquire specific skills;

32) quality assurance program – system of actions, which ensures the fulfilment of

specified requirements for nuclear safety and radiological protection, depending

on conducted activity, and in case of activities involving nuclear materials or

nuclear facilities – also the requirements for physical protection;

33) ionizing radiation – radiation composed of directly or indirectly ionizing

particles, or of both those types of particles, or electromagnetic radiation of

wavelength of up to 100 nm (nanometres);

34) natural radiation – ionizing radiation emitted from natural sources of terrestrial

and cosmic origin;

35) spent nuclear fuel storage facility – nuclear facility designed for safe, secure,

stable and protected storage of spent nuclear fuel after its unloading from the

nuclear reactor or from the reactor pool and before its transfer for reprocessing, or

for disposal as radioactive waste;

36) storage of radioactive waste or spent nuclear fuel – holding of radioactive waste

or spent fuel with the intention of its retrieval for processing, reprocessing or

disposal;

37) spent nuclear fuel reprocessing - process or operation aimed at partial or total

extraction of radioactive isotopes from spent nuclear fuel for the purpose of their

further usage;

38) nuclear material processing – process or operation aimed at changing the nuclear

material’s physical or chemical form (conversion), starting from the conversion

of uranium or thorium ore up to obtaining the material in the form of nuclear fuel

or any other form allowing other applications of these materials, and spent

nuclear fuel reprocessing and processing radioactive waste containing nuclear

materials;


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39) radioactive waste processing – process or operation designed to minimize the

volume of waste, waste segregation according to waste category and waste

preparation for transport or disposal;

39a) predictable operating emergency – an operating process that deviates from

the normal operation, assumed to occur at least once during normal

operation of a nuclear facility, which will cause no significant damage of the

systems or of the construction or of equipment items that are important for

the nuclear safety and will result in no emergency conditions – provided

specific design solutions are applied;

40) interventional radiology – all therapeutic and diagnostic procedures, performed

through the patient’s skin or otherwise, performed under local or general

anaesthesia and using fluoroscopic imaging to localize pathologic changes and

for the purposes of radiological medical procedure monitoring, and also for the

purposes of therapy control and documentation;

41) radiotherapy – all therapeutic activities involving the use of radiological

equipment, including:

a) surface therapy for treatment of tumours localized in human skin, and deep

therapy for treatment of tumours, and possibly some other pathologies, in

organs and tissues in other locations (tele-radiotherapy),

b) insertion of an isotopic source directly into the internal organs, into the

tissues or body cavities, or its placement on the patient’s body surface

(brachytherapy),

c) intentional introduction of therapeutic quantities of radiopharmaceutical

products into the organism;

42) X-ray diagnostics – all diagnostic activities involving the use of X-ray devices;

43) radioactive contamination – contamination of objects, premises, environment or

individuals by an unwanted presence of radioactive substance. In the special case

of human body this includes both external and internal contamination, regardless

of the radioactive substance intake pathway;

44) radioactive waste or spent nuclear fuel disposal – emplacement of radioactive

waste or spent nuclear fuel in an appropriate facility with no intention of retrieval;

45) radioactive substance – substance containing one or more radioactive isotopes,

with activity or radioactive concentration that may not be disregarded from the

radiological protection viewpoint;


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46) quality management system – set of systematically planned and implemented

actions, necessary to ensure adequately that a given structure, system or their

components, or the procedures, will perform in an adequate way, fulfilling the

requirements established in the regulations issued under Article 33c Section 9,

Item 2;

47) human health detriment – evaluated risk of shortening of human life and

impairment of its quality, resulting from ionizing radiation exposure. Includes the

losses resulting from somatic consequences, tumours and serious genetic

disorders;

48) controlled area – area with controlled access, covered by special regulations

designed for the protection against ionizing radiation or radioactive

contamination spreading;

49) supervised area – area under special supervision for the purposes of protection

against ionizing radiation;

49a) type of sealed radioactive source - catalogue symbol of a radioactive source or a

set of structural features and physical parameters characterizing a point, surface

and linear radioactive source, including the type of ionizing radiation used;

50) radiological equipment – ionizing radiation sources or equipment for the

detection of ionizing radiation, used for therapeutic or diagnostic purposes;

50a) emergency conditions – deviations from the normal operation of a nuclear

facility that are more severe than the predictable operating emergencies;

50b) design basis conditions – normal operating conditions of a nuclear facility,

predictable operating emergencies and design basis accidents, accounted for

in the nuclear facility design, as per established design criteria and a

reasonable approach;

51) spent nuclear fuel – nuclear fuel that has been irradiated in a nuclear reactor core

and permanently removed from the core;

52) isotopic enrichment – process consisting in the separation of uranium isotopes for

the purpose of increasing uranium-235 content in the final product;

53) hazardous situation (potential exposure) – an exposure that can take place,

and the probability of its occurrence can be estimated in advance;

54) closure of radioactive waste or spent nuclear fuel repository – discontinuation of

further shipments of radioactive waste or spent nuclear fuel to the repository,

decided upon by an appropriate authority, and accomplishment of all works


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necessary to ensure the safety and security of the repository;

54a) sealed radioactive source – radioactive source of such design that under the

conditions established for its use, the leakage of radioactive material contained in

the source into the environment is prevented;

55) radiation emergency – hazardous situation which requires urgent actions for the

protection of workers or general public;

551) integrated management system – a management system covering elements

related to safety, health, environment, quality assurance, economic issues

and physical protection, which considers the nuclear safety as a priority by

making sure that all decisions are adopted on the basis of the results of

nuclear safety analysis, radiological protection, physical protection and the

protection of nuclear materials;

55a) orphan source - sealed radioactive source containing a radioactive isotope whose

activity at the moment of source discovery exceeds the threshold activity level P1

specified in Annex no 2 to the Act, and which has not been covered by the

supervision and control of a nuclear regulatory authority from the nuclear safety

and radiological protection viewpoint, or which has been so covered but control

and supervision over the source have been lost, in particular due to abandonment,

loss, theft or illegal transfer of the source

56) radioactive source – radioactive substance made ready for the use of its ionizing

radiation;

57) ionizing radiation source – radioactive source, equipment containing such source,

equipment generating ionizing radiation or equipment emitting radioactive

substances;

58) high activity source – sealed radioactive source containing a radioactive isotope

whose activity at the moment of source manufacture or, if that value is unknown,

at the moment when the source is introduced for sale, is equal to, or higher than,

the threshold activity for a high activity source, as specified in Annex no 2 to the

Act.

Chapter 2

Licences pertinent to nuclear safety and radiological protection

Article 4. 1. Any activity involving exposure and consisting in:


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1) manufacturing, processing, storage, disposal, transport or use of nuclear

materials, radioactive sources, radioactive waste and spent nuclear fuel, as well as

the trade in these materials, and also isotopic enrichment,

2) construction, commissioning, operation and decommissioning of nuclear

facilities,

3) construction, operation, closure and decommissioning of radioactive waste

repositories,

4) production, installation, use and maintenance of the equipment containing

radioactive sources and trade in such devices;

5) commissioning and use of the equipment generating ionizing radiation;

6) commissioning of laboratories and workrooms using ionizing radiation sources,

including X-ray laboratories;

7) intentional addition of radioactive substances in the processes of manufacturing

consumer products and medical devices, medical devices for in-vitro diagnostics,

equipment for medical devices, equipment for medical devices for in-vitro

diagnostics, active medical devices as defined in Act of Parliament on Medical

Devices of 20 May 2010 (Journal of Laws of the Republic of Poland No 107 Item

679) and trade in such products, and also the import into the Republic of

Poland’s territory, and export from this territory, of consumer and medical

products to which radioactive substances have been added;

8) intentional administration of radioactive substances to humans and animals, for

the purposes of medical or veterinary diagnostics, therapy or research

- shall require a licence or a notification from the viewpoint of nuclear safety and

radiological protection, subject to Article 6 Item 1.

2. Activities consisting in adding radioactive substances to foodstuffs, toys, personal

jewellery or cosmetic products, as well as the import of such products into the Republic

of Poland’s territory, and their export from this territory, shall be prohibited.

Article 5. 1. Application to issue a licence for activities referred to in Article 4, Section 1

shall include:

1) designation of the organizational entity applying for the licence, as referred to in

Article 4 Section 1, indicating its localization and address,

2) in case of entrepreneurs – number in the entrepreneurs’ register,


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3) description of the type, scope and place of conducting activities involving the

exposure.

1a. An application shall be accompanied by the documents specified in the regulations

issued under Article 6, Section 2.

2. An application to issue a licence for activities referred to in Article 4, Section 1, or the

notification of such activities, shall be submitted by the head of the organizational entity.

3. A licence shall be issued by, or the notification shall be made to, the President of

National Atomic Energy Agency, hereinafter referred to as “the Agency’s President”,

subject to Section 4.

4. A licence for commissioning and operation of X-ray devices for the purposes of

medical diagnostics, interventional radiology, surface radiotherapy and non-cancerous

disease therapy, and for commissioning of the laboratories using such devices, shall be

issued by the state regional (“wojewódzki”) sanitary inspector, while for the

organizational entities:

1) subjected or subordinated to the Minister of National Defence, or supervised or

established by this Minister – shall be issued by the commander of the military

centre for preventive medicine,

2) subjected or subordinated to the minister competent for home affairs, or

supervised or established by this minister – shall be issued by the state sanitary

inspector of the Ministry of Home Affairs and Administration.

5. A licence shall be issued, or the notification shall be accepted, after establishing that

the conditions required by law for performing activities involving radiation exposure and

requiring a licence or notification have been fulfilled.

5a. A licence for conducting activities involving a high activity source shall be issued

provided that the organizational entity applying for the licence also concludes:

1) an agreement with the manufacturer or supplier of a high activity source under

which the manufacturer or supplier undertakes to collect the source after the

source-related activities have been terminated, and to ensure subsequent

management of the source, and which regulates the terms of financial guaranty to

cover the cost of source collection and management, or

2) an agreement with a state-owned public utility referred to in Article 114, Section

1, under which this company undertakes to collect the source after the source-

related activities have been terminated and to ensure subsequent management of


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the source, and which regulates the terms of financial security to cover the cost of

source collection and management.

5b. Financial security referred to in Section 5a, Item 2, may consist of the following:

1) single payment or regular payments made by the organizational entity which

conducts activities involving a high activity source, to cover the cost of source

collection and management to a separate, interest-bearing account of the state-

owned public utility referred to in Article 114, Section 1, which serves solely for

accumulating funds to cover such costs, or

2) bank pledge, bank guarantee, insurance guarantee or a bill of exchange

guaranteed by the bank, submitted by the organizational entity, which conducts

activities involving a high activity source, to the state-owned public utility

referred to in Article 114, Section 1.

5c. The value of security shall not exceed the cost of collecting and managing a high

activity source of a given type, as established in the price list referred to in Article 118,

Section 2.

5d. Provisions of Section 5a shall not apply to activities consisting in the storage and

disposal of a high activity source by the state-owned public utility referred to in Article

114 Section 1, and to the activities consisting in the transport of such source.

6. (repealed).

7. Licence shall be issued for an indefinite period, unless the organizational entity

applying for the licence applies for the licence for a definite period.

7a. Issuance, denial or revocation of a licence, as well as the acceptance or refusal to

accept a notification, shall have the form of an administrative decision.

7b. If necessary, the licence shall determine the conditions for conducting activities

involving exposure.

8. Authorities referred to in Sections 3 and 4 shall establish and maintain the register of

those organizational entities, whose activities require at least a notification.

9. Head of organizational entity shall report to the licensing body all changes concerning

the data specified in the licence.

10. The provision contained in Section 9 shall apply, as appropriate, to the notification.

11. Licensing body shall revoke the licence in the event when:

1) a valid ruling has been passed, which prohibits the organizational entity to

conduct activities involving exposure and covered by the licence,


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2) an organizational entity ceased to fulfil the conditions required by law and

necessary for the conduct of activities specified in the licence,

3) an organizational entity failed to eliminate, within the time specified by the

licensing body, the factual or legal status, which does not comply with the

conditions specified in the licence or with the legal provisions for activities

covered by the licence;

4) an organizational entity has not complied with the sanctions imposed by the

European Commission under the provisions of Article 83 of the Euratom Treaty.

5) an organizational entity failed to comply with any order or prohibition

stated in Article 68, Section 1, or failed to implement the decision stated in

Article 68b, Section 1.

12. A decision to revoke the licence should establish the method for managing the nuclear

materials, ionizing radiation sources, radioactive waste or spent nuclear fuel held by the

organizational entity.

13. Costs of the proceedings referred to in Section 12 shall be borne by the organizational

entity, whose licence has been revoked.

14. A charge for issuing the licence shall be paid in the amount established in the

regulations for financial charges and duties.

15. The Agency’s President shall immediately submit to the Head of the Internal

Security Agency the copies of administrative decisions on granting, refusing to grant

or revoking the licence for the activities referred to in Article 4, Section 1.

Article 5a. 1. An organizational entity which conducts activities that require a licence

shall not transfer nuclear materials, radioactive sources, equipment containing such

sources, radioactive waste nor spent nuclear fuel to an organizational entity which is does

not hold a licence for conducting activities involving such materials, sources, devices,

waste or spent nuclear fuel.

2. Provisions of Section 1 shall apply as appropriate to activities, which require

notification.

Article 5b. 1. Content of natural radioactive isotopes of potassium K-40, radium Ra-226

and thorium Th-228 in raw materials and materials used in buildings designed to

accommodate people and livestock, as well as in industrial waste used in the construction


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industry, shall not exceed the values established in the regulations issued under Article 6,

Item 3.

2. Content of natural radioactive isotopes of potassium K-40, radium Ra-226 and thorium

Th-228 in raw materials and materials used in buildings designed to accommodate people

and livestock, as well as in industrial waste used in the construction industry, shall be

controlled by the laboratories, which possess quality assurance system for performed

tests, necessary equipment and premises, and participate, at their own cost, in inter-

laboratory benchmark measurements held by the Agency’s President, as well as by the

laboratories accredited to perform such control.

3. Control laboratories shall notify the construction supervision authorities if any

limits defined in executive regulations issued on the basis of Article 6 Item 3 are

exceeded.

Article 6. The Council of Ministers shall establish by virtue of a regulation:

1) cases where activities referred to in Article 4, Section 1 shall be exempted from

obtaining a licence or from issuing a notification, and the cases where such

activities may be conducted on the basis of a notification, by defining appropriate

exemption criteria in the form of limiting values for radioactive isotope total

activity and radioactivity concentration;

2) documents required together with a licence application submitted for activities

referred to in Article 4, Section 1, or with the notification of such activity, which

are necessary to confirm that the applicant fulfils the conditions satisfying nuclear

safety and radiological protection requirements, taking into account specific

characteristics of various activities, as well as the actions of the authority issuing

the licence or receiving the notification in the event that the content of such

documents is insufficient to prove that these conditions have been fulfilled;

3) requirements concerning the content of natural radioactive isotopes of potassium

K-40, radium Ra-226 and thorium Th-228 in raw materials and materials used in

buildings designed to accommodate people and livestock, as well as in industrial

waste used in construction industry, and the procedures for controlling the

content of these isotopes, in particular the requirements imposed on laboratories

conducting such control with regard to the quality assurance system for testing,

equipment, premises, and the frequency of participation in inter-laboratory

benchmark measurements, methods for taking samples and their measurements,

and also the factors taken into account during the interpretation of measurement


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results - with the aim to ensure effective protection of humans against the

consequences of ionizing radiation from natural radioactive isotopes.

Chapter 3

Nuclear safety and radiological protection, and health protection of the workers

Article 7. 1. Responsibility for compliance with the requirements for nuclear safety

and radiological protection shall rest with the head of organizational entity

conducting the activities involving exposure.

2. Head of an organizational entity conducting activities for which a licence is

required, shall develop and implement a quality assurance programme.

3. In an organizational entity conducting activities for which a licence is required,

internal supervision over the fulfilment of radiological protection requirements shall

be executed by an individual holding the authorization for radiological protection

inspector. In an organizational entity conducting activities involving exposure and

consisting in construction, commissioning, operation or decommissioning of nuclear

facilities, an individual holding the authorization for radiological protection

inspector shall also exercise internal supervision over the fulfilment of nuclear safety

requirements.

4. The requirement referred to in Section 3 shall not be applicable to organizational

entities conducting activities involving X-ray devices used for veterinary purposes,

operated in picture mode, and to the organizational entity conducting activities

involving X-ray equipment designed for supervision of people, shipments and

luggage.

5. Internal supervision over the fulfilment of radiological protection requirements in

X-ray laboratories using X-ray devices for the purposes of medical diagnostics,

interventional radiology, surface radiotherapy and radiotherapy of non-cancerous

diseases shall be exercised by an individual holding the authorization for

radiological protection inspector in these X-ray laboratories.

6. The authorization referred to in Section 3 or 5 shall be granted to an individual

who:

1) has full legal capacity;

2) is at least a secondary school graduate;


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3) passed an examination with respect to the scope of training referred to in the

regulations issued under Article 12b, Section 1 or Article 12b, Section 2;

4) holds a medical certificate on the absence of contraindications for work in

occupational exposure conditions issued according to the executive

regulations based on Article 229 § 8 of the Labour Code Act of 26 June 1974

(Journal of Laws of 1998 No. 21, Item 94, with later amendments);

5) has worked in conditions of occupational exposure for the period established

in the regulations issued under Article 12b, Section 1 or Article 12b, Section

2.

7. The training requirement referred to in Section 6, Item 3 shall not apply to an

individual who:

1) holds an authorization for radiological protection inspector and applies for

the same type of authorization on the day the application for being admitted

to examination is submitted, or

2) has graduated within the last 5 years from studies at a higher education

institution, involving dosimetry and radiological protection classes along

with practical classes under exposure conditions, with minimum 30 hours of

lectures and 30 hours of practical classes preceded with a lecture and

practical classed in physics, including contemporary physics, or

3) has a higher education degree and at least three years of professional

experience in working under exposure conditions at an organizational entity

conducting activities for which a licence is required as set out in Article 4,

Section 1, within the period of 5 years before the submission date of

application for being admitted to the examination.

8. An application for granting the authorization referred to in Section 3 or 5 may be

submitted by the applicant or the head of organizational entity.

9. The authorizations referred to in Sections 3 or 5 shall be granted for the period of

5 years.

10. The authorizations referred to in Section 3 shall be granted by the Agency’s

President in the form of an administrative decision. Depending on the type of

activities involving exposure to be supervised by the radiological protection

inspector, a suitable type of radiological protection inspector authorizations shall be

granted.


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11. The Agency’s President shall keep a record of all entities authorized to hold

trainings for persons applying to be granted authorizations stated in Section 3.

12. The authorizations referred to in Section 5 shall be granted by the Chief

Sanitary Inspector in the form of an administrative decision. Depending on the type

of activities involving exposure to be supervised by the authorized radiological

protection inspector, a suitable type of radiological protection inspector

authorizations shall be granted in X-ray laboratories using X-ray devices for the

purposes of medical diagnostics, interventional radiology, surface radiotherapy and

radiotherapy of non-cancerous diseases.

13. The Chief Sanitary Inspector shall keep a record of all entities authorized to

hold trainings for persons applying to be granted authorizations stated in Section 5.

14. The records referred to in Sections 11 and 13 shall include:

1) entity name and address;

2) entity mailing address, telephone number, fax number and e-mail address;

3) information on types of trainings offered by the entity.

15. The record-keeping authority shall publish the data entered in registers referred

to in Sections 11 and 13 on-line, on the official website of the Public Information

Bulletin.

16. Authority competent to grant the authorizations referred to in Sections 3 or 5

shall revoke the authorizations by an administrative decision when:

1) the authorized individual has lost his/her full legal capacity;

2) based on the inspection referred to in Article 63, Section 1, the duties

established in this Act and in the regulations issued under this Act are found

to be non-performed or improperly performed by the individual in question.

Article 711. The Agency’s President shall appoint an examination board composed

of 12 to 14 individuals from among experts on nuclear safety and radiological

protection. Two members of the examination board shall be appointed in

cooperation with the National Defence Minister, another two members of the

examination board shall be appointed in cooperation with the minister competent

for home affairs. The examination referred to in Article 7, Section 6, Item 3 shall be

conducted by an examination panel composed of 3 – 5 experts appointed by the

chairman of the examination board.


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2. The examination referred to in Article 7, Section 6, Item 3 shall be conducted by

an examination board composed of 3 experts in radiological protection who shall be

appointed and recalled by the Chief Sanitary Inspector.

3. The examination board members referred to in Section 16 shall receive

remuneration for taking part in the examination panel and shall have travel and

accommodation costs reimbursed according to the terms and conditions stated in

Article 775 § 2 of the Labour Code Act of 26 June 1974.

4. If a professional soldier is examined, the examination panel for individuals

applying for authorizations referred to in Article 7, Section 3 shall be joined by a

member appointed by the Agency’s President in cooperation with the National

Defence Minister.

5. If any officer reporting to or supervised by the minister competent for home

affairs is examined, the examination panel for individuals applying for

authorizations referred to in Article 7, Section 3 shall be joined by a member

appointed by the Agency’s President in cooperation with the minister competent for

home affairs.

6. Costs of the training, examinations and medical tests shall be borne by the

applicant.

Article 72. 1. The duties of radiological protection inspector and radiological

protection inspector in X-ray laboratories using X-ray devices for the purposes of

medical diagnostics, interventional radiology, surface radiotherapy and

radiotherapy of non-cancerous diseases shall include supervision over the fulfilment

of radiological protection requirements at the organizational entity, and in

particular:

1) supervision over the performance of activities according to working

instructions and over the records of nuclear safety and radiological

protection, including those referring to the personnel and other individuals

staying at the entity under conditions of exposure, save for radiological

protection of patients undergoing therapy and diagnostics using ionizing

radiation;

2) supervision over the fulfilment of conditions of authorizing personnel to

exercise specific tasks, including on-the-job personnel trainings in nuclear

safety and radiological protection;


19

3) development of a programme of dosimetric measurements in the work

environment, measurement taking and recording of individual doses to be

submitted to the head of the organizational entity for approval;

4) conducting preliminary personnel exposure assessment based on the results

of individual dose measurements or dosimetric measurements in the work

environment, to be submitted to the head of the organizational entity;

5) determining personal protection measures, dosimetric equipment and

measurement equipment as well as other personnel protection equipment to

be available at the organizational entity, supervising the proper operation of

emergency signalling systems and labelling of places of work where sources

of ionizing radiation are located;

6) cooperation with on-site occupational health and safety services, individuals

in charge of the quality assurance programme, fire prevention and

environmental protection services in all matters related to ionizing radiation

protection;

7) submitting ionising radiation protection assessments to the head of the

organizational entity, depending on the type of activities and authorizations

granted;

8) applying to the head of the organizational entity to suspend activities under

exposure conditions if the licence conditions or the nuclear safety and

radiological protection requirements are violated, as well as reporting these

emergencies to the authorities that issued the applicable licence;

9) supervision over activities conducted under on-site emergency plan if any

radiation emergency takes place at the organizational entity;

10) supervising the handling procedures of radioactive sources, nuclear

materials and radioactive waste if the organizational entity is under

reorganization or is decommissioned; notifying the authorities that issued

the respective licence of any violation of the nuclear safety and radiological

protection in this respect.

2. The powers of radiological protection inspector and radiological protection

inspector in X-ray laboratories using X-ray devices for the purposes of medical

diagnostics, interventional radiology, surface radiotherapy and radiotherapy of non-

cancerous diseases shall include:


20

1) applying to the head of organizational entity to change the work conditions

of the personnel, and in particular, if the individual dose measurement

results make it justifiable;

2) providing the head of organizational entity with assessments of protective

equipment and measurement devices in terms of the efficiency of the ionizing

radiation protection measures and methods as well as effectiveness and

correct application of the measurement equipment;

3) checking personnel qualifications for nuclear safety and radiological

protection, submitting the assessment results to the head of organizational

entity;

4) applying to the head of organizational entity to introduce changes in

working instructions, unless the recommended changes have the potential to

increase the established dose constraints.

Article 73. Whenever a radiological protection inspector is referred to in this Act,

this will mean a person holding licences referred to in Article 7, Section 3 and also a

person holding licences referred to in Article 7, Section 5.

Article 7a. Head of the organizational entity shall seek the radiological protection

inspector’s opinion on the issues related to the tests and checks of protective equipment

and measuring instruments, including in particular:

1) assessment of the equipment relevant for radiological protection – prior to its

admission for use,

2) admission for use of new or modified ionizing radiation sources, from the

radiological protection viewpoint,

3) frequency of checking the effectiveness of the radiological protection measures

and techniques,

4) frequency of the measuring instruments’ calibration, verification of their

operability and proper usage.

Article 8. 1. Prior to the start of activities involving new types of ionizing radiation

application, the head of organizational entity shall prepare a justification for the activity,

which should demonstrate that scientific, economic, social and other benefits expected


21

from this activity will prevail over possible human health detriment and damage to the

state of environment resulting from this activity.

2. In the event of some new and important circumstances concerning the effects of

conducted activity, the head of organizational entity shall verify the justification of this

activity, taking into account the same factors, as those required for the justification itself.

Article 8a. Head of an organizational entity shall inform in writing the body, which has

issued the licence or accepted the notification, of the anticipated organizational entity

transformation or termination of its operation, and shall clear with this body, in writing,

the rules for the management of held radioactive sources, nuclear materials or radioactive

waste, and also, following the termination of the activity, at the expense of organizational

entity, shall perform a dosimetric inspection and decontamination of the site where

activity has been conducted and of its surroundings.

Article 9. 1. Head of an organizational entity shall ensure that the activities are conducted

according to optimization principle, which requires that – after accounting in a reasonable

way for economic and social factors - the number of exposed workers and members of the

public shall be as low as reasonably achievable and the ionizing radiation doses received

by them shall be as low as possible, subject to Article 33c.

2. Head of an organizational entity shall perform the assessment of the exposure of

workers, and if the optimization analysis indicates such necessity – shall establish for

them further limitations of exposure in such manner, that the ionizing radiation doses

received would not exceed established dose constraints.

3. If dose constraints are established in the licence, then the head of organizational entity

shall report to the licensing authority any possible case of exceeding these values.

Article 9a. 1. The Agency’s President may include in the licence the obligation for the

organizational entity to create a specialized organizationally separated radiological

protection service, to assist a radiological protection inspector in performing the tasks in

the field of radiological protection.

2. Specialized radiological protection service referred to in Section 1 may be shared by a

number of organizational entities, if their heads so decide in a concluded agreement.


22

Article 10. 1. A worker may be employed in exposure conditions after an appropriately

qualified medical practitioner, hereinafter referred to as an “authorized medical

practitioner”, issues a certificate stating that there are no contraindications for such

employment.

2. Qualifications of authorized medical practitioner, procedures for issuing and preserving

such certificates, and the type and frequency of medical examinations for workers

employed in exposure conditions, shall be determined by the provisions of Labour Law,

unless otherwise provided for in this Act.

Article 11. 1. Work involving nuclear material, ionizing radiation source,

radioactive waste or spent nuclear fuel, and work within a nuclear facility shall be

performed by personnel familiar with work-specific nuclear safety and radiological

protection regulations, as well as having appropriate skills and qualifications gained

during trainings referred to in Section 2.

2. Head of organizational entity shall be obliged to ensure, at least every 5 years, the

preliminary and periodic trainings for workers on the nuclear safety and

radiological protection issues, according to a training program developed by

him/her, and with reference to nuclear facilities – at intervals defined in the licence

to conduct activities related to exposure and consisting in construction,

commissioning, operation or decommissioning of nuclear facilities. Appropriate

training shall be also given to workers participating in the transport of nuclear

materials, radioactive sources, radioactive waste and spent nuclear fuel.

3. The trainings referred to in Section 2 shall address, in particular:

1) general radiological protection procedures and undertaken preventive

measures, as related to the activities conducted by an organizational entity;

2) radiological protection procedures and undertaken preventive measures, as

related to a specific workplace;

3) procedures of conducting workplace-specific tasks and activities;

4) information on the possible consequences of the loss of control over nuclear

material, ionizing radiation source or radioactive waste involved in

conducted activities;

5) in case of female workers – also the information on the necessity to promptly

notify the head of organizational entity of the pregnancy, and the


23

information on the risk of radioactive contamination of a breast-fed child

when there is a possibility of radioactive contamination of mother’s body.

6) for nuclear power plants – trainings involving performance of tasks and

activities using simulators of the actual nuclear installations operating at the

given nuclear power plant, and for research reactors - trainings involving

specialist software that imitate the operation of equipment and research

reactor.

Article 11a. 1. The head of organizational entity conducting activities involving

exposure and consisting in commissioning, operation or decommissioning of nuclear

facilities shall establish a professional qualification review board to hold

examinations aimed at verifying the knowledge of personnel gained during trainings


2. The organizational entity conducting activities involving exposure and consisting

in commissioning, operation or decommissioning of nuclear facilities cannot employ

any individuals who failed to pass the examination referred to in Section 1.

Article 11b. 1. The head of organizational entity conducting activities involving

exposure and consisting in commissioning, operation or decommissioning of nuclear

facilities shall draw up short-term personnel training plans at least once every 3

years, as well as long term personnel training plans at 10 year intervals.

2. The plans referred to in Section 1 shall be approved by the Agency’s President

Article 12. 1. In an organizational entity, a position important from the viewpoint of

nuclear safety and radiological protection shall be occupied exclusively by an

individual possessing an appropriate authorizations issued by the Agency’s

President.

2. The authorizations referred to in Section 1 shall be granted by the Agency’s

President, by way of administrative decision, to individuals who:

1) have full legal capacity;

2) hold a medical certificate on the absence of contraindications for work in

occupational exposure conditions issued according to regulations issued

under Article 229 § 8 of the Labour Code Act of 26 June 1974;


24

3) have a higher education degree and professional experience necessary for the

position;

4) successfully passed post-training examination referred to in the regulations

issued under Article 12b;

3. The authorizations referred to in Section 1 shall be granted for the period of 5

years, whereas authorizations for persons eligible to occupy positions important to

nuclear safety and radiological protection at nuclear facilities shall be granted for

the period of 3 years.

4. The provisions of Section 2, Item 4 shall not apply to individuals who have been

occupying a position important from the viewpoint of nuclear safety and

radiological protection for the last 12 months before the submission date of the

application for admittance to examination and who apply to have their

authorizations extended for the same position(s) where the same scope of training

applies.

5. The person referred to in Section 1 shall submit annually the certificate referred

to in Section 1, Item 2 to the head of organizational entity.

Article 12a. 1. Application for granting the authorization referred to in Article 12,

Section 1 shall be submitted by the head of organizational entity that plans to

employ the individual in the position requiring such authorizations or the head of a

superior entity.

2. Costs of the training, examinations and medical tests shall be borne by the

applicant.

3. The Agency’s President shall keep a record of all bodies authorized to hold

trainings for individuals applying for authorizations stated in Article 12, Section 1.

4. The record referred to in Section 3 shall include:

1) name and address of the authorized body;

2) mailing address, telephone number, fax number and e-mail address;

3) information on types of trainings that the body is authorized to conduct.

5. The Agency’s President shall publish the data entered in record referred to in

Section 3 in the dedicated sections of the official website of the Public Information

Bulletin.


25

6. The Agency’s President shall appoint an examination board composed of 12 to 14

individuals from among experts in matters pertaining to nuclear safety and

radiological protection. Two members of the examination board shall be appointed

in cooperation with the Minister of National Defence, another two members of the

examination board shall be appointed in cooperation with the minister competent

for home affairs. The examination referred to in Article 12, Section 2, Item 4 shall

be conducted by an examination panel composed of 3 – 5 experts appointed by the


7. The examination board members shall receive remuneration for taking part in

the examination panel and shall have travel and accommodation costs reimbursed

on terms and conditions stated in Article 775 § 2 of the Labour Code Act of 26 June

1974.

8. If a professional soldier is examined, the examination panel shall be joined by a

member appointed by the Agency’s President in cooperation with the National

Defence Minister.

9. If any officer reporting to or supervised by the minister competent for home

affairs is examined, the examination panel shall be joined by a member appointed

by the Agency’s President in cooperation with the minister competent for home

affairs.

Article 12b. 1. The Council of Ministers shall establish by regulation:

1) types of the positions referred to in Article 12, Section 1 and detailed

conditions for granting the authorizations for individuals occupying

positions referred to therein,

2) types of authorizations for radiological protection inspectors and types of

activities that can be performed by the authorized individuals, as well as

detailed conditions for granting these authorizations,

3) detailed conditions and procedures for granting by the Agency’s President

the authorizations for radiological protection inspectors and for individuals

occupying positions referred to in Article 12, Section 1,

4) procedures for establishing and appointing members of the examination

board, its working procedures, examination procedures, examination charge

amount and payment terms, and remuneration for the examination board

members,


26

5) training curriculum and organizational forms of trainings, requirements for

the entities conducting the training, and also the procedure for obtaining the

entry into the record referred to in Article 7, Section 11 and into the record

referred to in Article 12a, Section 3.

- in order to ensure compliance with nuclear safety and radiological protection

requirements at the organizational entity, as well as to guarantee high competence

and skills of individuals who will be occupying the applicable authorizations, high

quality of trainings and examination procedures that will effectively verify

knowledge and skills of the applicants.

2. Minister competent for health shall establish by regulation:

1) detailed conditions and procedures for granting authorizations for

radiological protection inspectors in laboratories using X-ray devices for the

purposes of medical diagnostics, interventional radiology, surface

radiotherapy and non-cancerous diseases radiotherapy by the Chief Sanitary

Inspector, including types of authorizations, types of activities covered by the

specific authorizations, the working procedures of examination board,

procedures for conducting the examination, procedure for the payment of

examination charge, the amount of such charge and the remuneration for

the examination board members,

2) training curriculum and organizational forms of trainings, requirements for

the entities conducting the training, and also the procedure for obtaining the

entry into the record as referred to in Article 7 Section 13

- in order to ensure compliance with nuclear safety and radiological protection

requirements at the organizational entity, as well as to guarantee high competence

and skills of individuals who will be holding the applicable authorizations, high

quality of trainings and examination procedures that will effectively verify

knowledge and skills of the applicants.

Article 12c. 1. In any organizational entity conducting activities involving exposure

and consisting in commissioning, operation or decommissioning of a nuclear power

plant, all positions important from the viewpoint of nuclear safety and radiological

protection shall be occupied exclusively by individuals possessing an appropriate

authorization. The provisions of Article 12 shall not apply.


27

2. The activities referred to in Section 1 herein shall include activities directly

related to the management and operation of a nuclear power plant, and the

management of nuclear fuel and radioactive waste at a nuclear power plant.

3. The authorizations referred to in Section 1 herein shall be granted by the

Agency’s President of by way of administrative decision, to individuals who:

1) have full legal capacity;


occupational exposure conditions issued according to the regulations issued

under Article 229 § 8 of the Labour Code Act of 26 June 1974;

3) hold a medical certificate concerning the absence of mental disorders listed

in the Protection of Mental Health Act of 19 August 1994 (Journal of Laws

No. 111, Item 535, with later amendments), and the absence of any

psychological disorders;

4) have a higher education degree and professional experience necessary to be

authorized to conduct the relevant activities at a nuclear power plant;

5) successfully passed the post-training examination, both theoretical and

practical, referred to in the regulations issued under Article 12d, Section 8;

4. The authorizations referred to in Section 1 herein shall be granted for the period

of 3 years:

5. The training requirement referred to in Section 3, Item 5 shall not apply to

individuals who are authorized to conduct the activities stated in the application on

the submission date of the application for admittance to examination.

6. The individual referred to in Section 1 herein shall submit annually the certificate

referred to in Section 3, Item 2 and 3 to the head of organizational entity.

Article 12d. 1. Application for granting the authorizations to conduct activities

important to nuclear safety and radiological protection in any organizational entity

conducting activities involving exposure and consisting in commissioning, operation

or decommissioning of a nuclear power plant may be forwarded by the head of

organizational entity that plans to employ the individual in the position requiring

such authorization, or by the head a superior entity.

2. Costs of the training, examinations and medical tests shall be borne by the body

that files the application, which shall be also responsible for providing practical

trainings.


28

3. The Agency’s President shall keep a record of all bodies authorized to hold

theoretical trainings for individuals applying for authorizations stated in Article

12c, Section 1.

4. The record referred to in Section 3 herein shall include the following data:

1) name and address of the authorized body;

2) mailing address, telephone number, fax number and e-mail address;

3) types of trainings conducted by the authorized body.

5. The Agency’s President shall publish the data entered in the record as referred to

in Section 3 herein in the official website of the Public Information Bulletin.

6. The Agency’s President shall appoint an examination board composed of 12 to 14

individuals from among experts in matters pertinent to nuclear safety and

radiological protection. The examination referred to in Article 12c, Section 3, Item 5

shall be conducted by an examination panel composed of 5 experts appointed by the


7. The examination board members referred shall receive remuneration for taking

part in the examination panel and shall have travel and accommodation costs

reimbursed according to the terms and conditions stated in Article 775 § 2 of the

Labour Code Act of 26 June 1974.

8. The Council of Ministers shall establish by regulation:

1) list of activities referred to in Article 12c, Section 2,

2) detailed conditions and procedures of granting authorizations for individuals

conducting activities referred to therein by the Agency’s President,

procedures for establishing the examination board, its working procedures,

examination procedures, examination charge amount and payment terms,

and remuneration for the examination board members,

3) training curriculum and organizational forms of trainings, including

practical trainings, requirements for the bodies conducting the trainings,

types of trainings and also the procedure for obtaining the entry into the

record referred to in Section 3.

- in order to ensure that the persons conducting activities important from the

viewpoint of nuclear safety and radiological protection in organizational entity

conducting activities involving exposure and consisting in commissioning, operation

or decommissioning of a nuclear power plant represent the required skills and

competences.


29

9. Minister competent for health shall define, by regulation, the scope of mental

health and psychological tests necessary to issue the certificate referred to in Article

12c, Section 3, Item 3, a list of significant psychological disorders which make the

applying person incapable of being authorized to conduct activities important from

the viewpoint of nuclear safety and radiological protection, as well as qualifications

of physicians and psychologists authorized to conduct medical and psychological

tests of persons applying for the relevant authorizations, in order to ensure that the

persons applying for authorizations show no signs of mental or psychological

disorders.

Article 12e. 1. The head of organizational entity conducting activities involving

exposure and consisting in commissioning, operation or decommissioning of a

nuclear power plant notifies the Agency’s President of all employees who have at

least 6 month break in the performance of activities which require the relevant

authorization referred to in Article 12c, Section 1.

2. If any employee fails to perform the activities which require the relevant

authorization referred to in Article 12c, Section 1 for the period of:

1) 6 months – the employee shall be referred to a practical training defined in

Article 12c, Section 3, Item 5 by the head of organizational entity before

being authorized to conduct the relevant activities;

2) 12 months – the employee shall be referred to theoretical and practical

training defined in Article 12c, Section 3, Item 5 by the head of

organizational entity before being authorized to conduct the relevant

activities.

Article 12f. The Agency’s President shall be competent to revoke the authorizations

referred to in Article 12, Section 1 and authorizations referred to in Article 12c,

Section 1 by way of administrative decision when:

1) the authorized individual has lost his/her full legal capacity;

2) the authorized individual’s physical or mental health has deteriorated;

3) if the authorized individual occupying a position important from the

viewpoint of nuclear safety and radiological protection or conducting any

activities which require specific authorizations has been threatening the

nuclear safety and radiological protection.


30

Article 13. 1. Dose limits shall include the sum total of the doses from external and

internal exposures.

2. Dose limits shall not include the exposure to natural radiation, provided that such

exposure has not been enhanced by human activity; in particular they shall not include the

exposure resulting from radon in homes, natural radioisotopes incorporated in human

bodies, cosmic radiation on ground level and above-ground exposures to radioisotopes

present in the undisturbed Earth crust.

Article 14. 1. The sum of all ionizing radiation doses to the workers and general public,

received jointly from all kinds of activities, shall not exceed, subject to Articles 19,

Section 1 and Article 20, Sections 2 and 3, the dose limits established in the regulations

issued under Article 25, Item 1.

2. Dose limits shall not apply to the individuals exposed to ionizing radiation for medical

purposes, referred to in Article 33a, Section 1.

Article 15. (repealed)

Article 16. 1. In case of accidental exposure, the ionizing radiation dose received by

exposed individual shall be assessed. Such exposure shall not include the situation


2. Assessment of the exposure referred to in Section 1 herein shall be performed by the

head of organizational entity on whose site the exposure has occurred, or by the Agency’s

President if the identification of such organizational entity is not possible.

Article 17. 1. To match the methods of exposure assessment to the anticipated exposure

level for workers employed in organizational entities, two categories of workers shall be

established, depending on the magnitude of exposure:

1) Category A, for workers who may be exposed to an effective dose exceeding 6

mSv (mili-sievert) in one year or to an equivalent dose exceeding three-tenths of

the dose limit values for eye lens, skin and limbs, established in the regulations

issued under Article 25, Item 1;

2) Category B, for workers who may be exposed to an effective dose exceeding 1

mSv in one year or to an equivalent dose exceeding one-tenth of the dose limit


31

values for eye lens, skin and limbs established in the regulations issued under

Article 25, Item 1, and who have not been assigned to category A.

2. An occupational exposure assessment shall be based on control measurements of

individual doses, or on dosimetric measurements in the work environment.

3. Exposure assessments for category A workers shall be based on systematic individual

dose measurements, and if such workers may be exposed to internal contamination

having impact on the effective dose level for this category, such workers shall be subject

also to internal contamination measurements.

4. Exposure assessment for category B workers shall be based on dosimetric

measurements in the work environment, performed in a manner which allows the

verification of their assignment to this category, unless the head of organizational entity

decides to subject them to systematic individual dose measurements. Licence conditions

may include the requirement to conduct exposure assessment for category B workers

performing the tasks covered by this licence, based on individual dose measurements.

5. If individual dose measurement is impossible or inappropriate, the assessment of

individual dose received by category A worker may be made on the basis of individual

dose measurement results for other exposed workers belonging to this category, or on the

basis of dosimetric measurements in the work environment.

6. The assignment of occupationally exposed workers into category A or B shall be done

by the head of organizational entity, according to the anticipated level of exposure of

these workers.

7. As regards the ability to perform the tasks in the category A workers group, the

following medical classification shall be established: able, able under certain conditions,

unable.

7a. Medical classification of the category A worker shall be performed by an authorized

medical practitioner, who exercises medical supervision over this worker.

8. A worker shall not be employed in a specified position within category A if an

authorized medical practitioner issues a certificate stating that this worker is unable to

perform such job.

Article 18. 1. To adapt the actions and measures used for radiological protection of

workers to the magnitude and type of potential exposure, the head of organizational entity

shall introduce the following classification of workplace sites:


32

1) Controlled areas, in which there is a possibility of receiving doses established for

category A workers, of radioactive contamination spreading, or a possibility of

occurrence of large variations in ionizing radiation dose rates,

2) Supervised areas, in which there is a possibility of receiving doses established for

category B workers and which have not been classified as controlled areas.

2. The responsibility for the compliance with requirements established in the regulations

for controlled and supervised areas, issued under Article 25, Item 2, shall rest with the

head of organizational entity, who shall undertake appropriate actions to fulfil these

requirements after consulting the radiological protection inspector and the occupational

medicine practitioner.

Article 19. 1. In special cases, with the exception of radiation emergencies, category A

workers, willingly and with the Agency’s President approval, may receive the doses

established by the Agency’s President which exceed the dose limit values, if this is

necessary to perform a specified task, in a specified workplace and in a specified time.

2. The exposure referred to in Section 1 shall be prohibited for apprentices, students and

pregnant females, and if the exposure involves a probability of radioactive contamination

of their bodies - also for breast-feeding female workers.

3. The head of organizational entity shall justify the necessity of exposure referred to in

Section 1 and shall discuss the situation in advance with interested volunteer workers or

their representatives, as well as with authorized medical practitioner and radiological

protection inspector. The head of organizational entity shall also inform the interested

volunteer workers of the risks involved in the exposure referred to in Section 1, and of

necessary precautionary measures.

4. Proceedings referred to in Sections 1 and 3 shall be documented in a written form.

5. Doses received by the worker, referred to in Section 1, shall be registered separately in

the records referred to in Article 30, Section 3. Such exposures shall not result in the

worker’s withdrawal from normal tasks or in his /her transfer to another position against

his /her will, subject to Article 31, Sections 2 and 3.

Article 20. 1 An individual participating in the elimination of radiation emergency

consequences and in intervention measures, during such activities must not receive a dose

exceeding the annual dose limit for occupational exposure, with the exception of

emergency exposure situation, referred to in Sections 2 and 3.


33

2. In the situation of emergency exposure, resulting from the actions aimed to prevent:

1) serious health detriment,

2) major irradiation of a significant number of people,

3) large-scale disaster,

- all possible efforts should be taken to protect the individual participating in such actions

against receiving an effective dose exceeding 100 mSv.

3. An individual participating in saving human life may receive an effective dose

exceeding 100 mSv, but all possible efforts should be taken to protect this individual

against receiving an effective dose exceeding 500 mSv.

4. Actions referred to in Sections 2 and 3 shall be undertaken exclusively by volunteers,

who have been informed in advance of the health risks involved, and who subsequently

voluntarily decided to participate in such actions. Resignation from participation in such

actions shall not constitute the grounds for dissolving the employment relationship.

5. During the actions referred to in Sections 1-3, all possible measures shall be

undertaken to ensure proper protection of the individuals participating in these actions, as

well as the assessment and recording of the doses received by them. After completion of

these actions, the individuals involved shall obtain the information on doses received and

on the resulting health risks.

6. Individuals who have received the doses referred to in Sections 1 and 2, shall not be

withdrawn from further work in occupational exposure conditions nor transferred to other

positions against their will, subject to Article 31, Sections 2 and 3.

7. Individual who has received the dose referred to in Section 3 shall be referred by the

head of organizational entity for medical examinations. The provisions of Article 31,

Sections 2 and 3 shall apply as appropriate.

Article 21. 1. Head of organizational entity shall keep the register of individual doses

received by category A workers, based on the results of measurements and assessments

referred to in Section 2.

2. Individual dose measurements and the measurements for the assessment of doses

resulting from internal contamination shall be performed by the entities possessing

appropriate accreditation obtained under separate regulations, subject to Sections 4 and 5.


34

3. Central register of the doses referred to in Section 1 shall be kept by the Agency’s

President, based on the results of measurements and assessments referred to in Section 2,

obtained from the head of organizational entity.

4. Until individual dose measurements and the measurements for the assessment of

internal contamination doses have been performed by an accredited entity, the

radiological protection inspector shall perform a provisional operational assessment of

individual doses received by external workers, who conduct activities on the controlled

area in the organizational entity.

5. Until individual dose measurements and the measurements for the assessment of

internal contamination doses have been performed by an accredited entity, the

radiological protection inspector may perform a provisional operational assessment of

individual doses received by the workers working in the organizational entity, other than

external workers.

Article 22. 1. The head of organizational entity, prior to employing a worker in exposure

conditions, shall apply to the Agency’s President for the information from the central

dose register on the doses received by this worker in the calendar year in which the

application is submitted, and also in the period of the four preceding calendar years.

2. In the situation referred to in Section 1, the Agency’s President shall forward

information on doses received by the worker:

1) prior to the date of worker’s registration in the central dose register - based on

information received from research and development entities, which prior to the

establishment of the central dose register, performed the individual dose

measurements and evaluation of the doses from internal exposure;

2) during the calendar year when the application was submitted - based on

information received from the head of organizational entity where the worker has

been employed during this year.

3. In situations referred to in Section 2, the information on the worker's exposure shall be

forwarded free of charge by the director of a research and development entity referred to

in Section 2, Item 1, and the head of organizational entity referred to in Section 2, Item 2,

to the Agency’s President upon his request within 14 days from receiving this request.


35

Article 23.1. Occupational activities involving the presence of natural radiation leading to

an increase of the exposure of workers or the general public, which is significant from

radiological protection viewpoint, shall require an assessment of this exposure.

2. The exposure assessment shall be based on dosimetric measurements in the work

environment.

3. The activities referred to in Section 1 shall include in particular the work performed in:

1) mines, caves and other underground sites, and also in health resorts and spas;

2) aviation, with the exception of the tasks performed by the ground personnel.

4. The Council of Ministers, taking into account the European Union’s recommendations,

regulations issued under Article 25, Item 1, the characteristic features of the occupational

activity and those of the exposed worker tasks, may establish by regulation:

1) types of occupational activities involving the presence of natural radiation leading

to the increase of the exposure of workers or general public, which is significant

from radiological protection viewpoint, other than those referred to in Section 3,

2) methods of assessment of the exposure resulting from activities referred to in

Section 1, procedures for reducing this exposure and other measures designed for

radiological protection of exposed workers and of population.

Article 23a. If past activities, in particular those consisting of mining and processing

uranium ores and of the accumulation of radioactive sediments from mining waters, result

in a persistent radioactive contamination of the environment which is significant from the

viewpoint of nuclear safety and radiological protection, then the user of such

contaminated site shall establish the borders of this site, shall perform test measurements

of the exposure and, if necessary, shall control the access to this site, and also the use of

soil and buildings on this site.

Article 24. The Exposure of general public, due to the activities involving ionizing

radiation, shall be regularly assessed by the Agency’s President and shall be described in

the report referred to in Article 110, Item 13.

Article 25. The Council of Ministers shall establish by regulation:

1) ionizing radiation dose limits and indicators allowing the determination of those

doses, used in the exposure assessment, and the method and frequency of the


36

assessment of exposure of workers and general public, taking into account –

while defining dose limits for the workers – the doses for apprentices, students

and female breast-feeding workers, and in case of pregnant females – restrictions

resulting from the potential exposure of the foetus;

2) basic requirements for controlled and supervised areas, including in particular:

a) means for marking such areas, including the standard warning signs for

marking the boundaries of controlled and supervised areas,

b) conditions for access and departure from these areas for workers and other

people,

c) conditions, which must be fulfilled for dosimetric measurements in the

work environment within these areas, in particular the scope of

measurement program and requirements concerning the individuals who

conduct such measurements.

- with the objective to ensure radiological protection of workers and members of general

public staying within these areas.

Article 26. The head of organizational entity employing the workers in occupational

exposure conditions, shall:

1) provide the workers with medical care, necessary means of individual protection

and dosimetric equipment, as appropriate for the exposure conditions;

2) perform individual dose measurements or dosimetric measurements in the work

environment according to Article 17, Sections 3 and 4, and maintain the records

of pertinent data.

Article 27. 1. Dosimetric equipment used for exposure control and assessment, which is

not covered by obligatory metrological inspection established in the regulations on

standards and measurements, should possess a calibration certificate.

2. A calibration certificate referred to in Section 1 herein shall be issued by the

measurement laboratory, which possesses an accreditation issued under separate

regulations.

Article 28. The Council of Ministers shall establish by regulation the requirements for:

1) individual dose records, taking into account in particular:


37

a) content and manner of keeping the individual dose register by the head of

organizational entity and the central register of individual doses, duration

of the registration period, period of data preservation in these registers,

period of preservation of documents which constitute a formal basis for

making register entries, procedures for making copies of register data and

the period of preserving the copies, standard application form for the

central register of individual doses and a standard registration form for the

central register of individual doses,

b) entities entitled to receive data from the register of individual doses kept by

the head of organizational entity and from the central register of individual

doses, the dates for forwarding the data, and also the content of a request

for access to the data in the central register of individual doses,

c) exposures referred to in Article 16, Section 1, Article 19, Section 1 and

Article 20, Section 2, Item 1, including the results of dosimetric

measurements,

d) list of research and development entities referred to in Article 22, Section

2, Item 1

- taking into account the necessity to ensure updated information on individual

doses received by workers and other individuals exposed to ionizing radiation;

2) dosimetric equipment, taking into account technical requirements for its use in

normal circumstances and during radiation emergencies.

Article 29. 1. The head of organizational entity shall ensure that external workers shall

have radiological protection equivalent to the protection provided to workers employed

by this organizational entity.

2. To each external worker the Agency’s President shall issue an individual document of

external worker’s exposure (dosimetric passport), in which the external employer and the

head of organizational entity shall enter the information established in the regulations

issued under Section 3, Item 2.


1) detailed duties of the head of organizational entity, external employer and

external worker from the viewpoint of radiological protection of external workers

exposed during work in controlled area, taking into account protection measures

used for the workers of the organizational entity,


38

2) information entered in the dosimetric passport by the head of organizational

entity, external employer and authorized medical practitioner, with a view to

supply the information ensuring the radiation protection of the worker,

3) procedure for issuing the dosimetric passport and its standard form, taking into

account the necessity of giving an individual number to each passport, and

ensuring the entry of information referred to in Section 2.

Article 30. 1. The responsibility for medical surveillance of category A workers shall lie

with the head of organizational entity and with the authorized medical practitioner, who

shall have access to the information necessary to issue a certificate on the workers’ ability

to perform specified tasks, including the information on environmental conditions in the

workplace.

2. Medical surveillance referred to in Section 1 shall include a preliminary examination

prior to the employment to ascertain whether the individual may be employed as category

A worker, and periodic medical examinations, performed at least once a year, to verify

whether the worker may continue to perform his/ her duties.

3. For each category A worker the authorized medical practitioner shall set up a medical

record, which shall be maintained and updated thorough the whole period of belonging to

this category. This record shall be preserved until the worker attains the age of 75, but at

least for 30 years following the termination of work in occupational exposure conditions.

4. Medical record shall include the information on the type of work performed, the results

of medical examinations performed prior to employment as category A worker, the

results of periodic examinations, and the dose records referred to in Article 21, Section 1.

5. Following the termination of work in occupational exposure conditions, authorized

medical practitioner may order further health surveillance, if this shall be deemed

necessary for the worker’s health protection.

Article 31. 1. In a proven case of exceeding any of the dose limits established in the

regulations issued under Article 25, Section 1, the head of organizational entity shall refer

the worker for an obligatory medical examination.

2. Further work in occupational exposure conditions shall require the approval of an

authorized medical practitioner.

3. In the event of the authorized medical practitioner’s refusal to allow further

employment in occupational exposure conditions, the provisions of Labour Law relevant


39

for workers with recognized symptoms of an occupational disease shall apply as

appropriate.

Article 32. Worker shall have the right to appeal to the labour court against the medical

decisions referred to in Articles 17, Sections 7a and 8 and in Article 31, Section 2.

Article 32a. Provisions of Articles 10, 11, 14, 17, 21, 22, 26 and 29-32 shall apply as

appropriate to the students and apprentices.

Article 33*1 1. In order to ensure national nuclear safety and radiological protection in

ionizing radiation applications under normal circumstances and in radiation

emergency situations, the minister competent for economic matters shall be authorized

to assign special-purpose subsidies dedicated to activities referred to in Section 2.

2. The subsidy may be used for:

1) operation of nuclear research reactors;

2) decommissioning of nuclear research reactors;

3) maintaining and developing nuclear safety and radiological protection

programs related to the use of ionizing radiation beams for medical purposes,

other than diagnostics and radiotherapy, by the scientific, research and

development (R&D) entities;

4) safeguarding nuclear safety and radiological protection, security of nuclear

installations, and physical protection of nuclear materials in organizational

entities located in Otwock-Świerk;

5) assessing the impact of nuclear facilities, sites of uranium and thorium mining,

and radioactive waste repositories on environment, and conducting the tests

and analyses necessary for these assessments;

6) maintaining ionizing radiation standards and maintaining and developing

quality assurance systems for the calibration of dosimetric instruments;

7) accrediting the laboratories which conduct the activities referred to in Articles

21, Section 2 and Article 27, Section 2;

1 Under Article 6 of the Act of Parliament of 13 May 2011 amending the Atomic Law and Other

Laws (Journal of Laws, No 132, Item 766) the present provisions shall apply in order to settle

and forward the sums in connection with special-purpose subsidies granted prior to 31

December 2011.


40

8) investments supporting the activities referred to in Items 1-7.

3. (repealed)

4. The subsidy amount shall not exceed the costs incurred while pursuing pertinent

activities reduced by the revenues from these activities and means obtained from other

sources, and moreover, in case of activities referred to in Section 2 Items 1, 3, 4, 6 and

7 shall not exceed 85% of overall costs of conducted activities.

5. Subsidy may be awarded to an entity, which meets the following requirements:

1) has submitted the application for subsidy allocation by the indicated deadline;

2) has appropriate technical potential, in particular equipment, devices and technical

infrastructure, needed for correct conduct of activities indicated in the

application;

3) has adequate financial resources to co-finance the activities indicated in the

application;

4) employs workers with qualifications and experience necessary for the conduct of

activities indicated in the application;

5) ensures the performance of tasks or activities by appropriately authorized

individuals, if such authorizations are required.

6) is a research organization within the meaning of Article 30 Item 1 of the

Commission Regulation (CE) No. 800/2008 of 6 August 2008 declaring certain

categories of aid compatible with the common market in application of Articles

87 and 88 of the Treaty (General Block Exemption Regulation) (OJ L 214,

09.08.2008, p. 3).

6. The minister competent for economic matters shall examine the application for

subsidies on its merits and in terms of financial criteria, including impact analysis of

the operations to which the application refers on the national nuclear safety and

radiological protection.

7. An application submitted past the indicated deadline shall not be processed.

8. If the submitted application is incomplete, the minister competent for economic

matters shall request to complement the application within 7 days from the date of such

request.

9. Applications not completed by the deadline indicated in Section 8 herein shall not be

processed.


41

10. Based on the assessment referred to in Section 6, the minister competent for

economic matters shall award a specific amount of or shall refuse to award the

subsidiary, notifying the applicant in writing.

11. (repealed)

12. (repealed)

13. (repealed)

14. (repealed)

15. (repealed)

16. (repealed)

17. (repealed)

18. (repealed)

19. (repealed)

20. (repealed)


1) standard application for subsidy, deadline for submitting the application, and

documents to be enclosed to the application,

2) deadline by which the minister competent for economic matters notifies the

applicant of awarding the subsidy and indicating the value of the subsidy, or of

the refusal to award the subsidy,

3) manner in which the subsidy use shall be documented,

– in order to ensure that the applicants adequately document the fulfilment of subsidy

requirements, to control the manner of subsidy use and to ensure that the contract is

adequately accounted for and cleared by the contractor.

Chapter 3a

Ionizing radiation applications for medical purposes

Article 33 a. 1. Ionizing radiation applications for medical purposes shall include the

exposures of:

1) patients, resulting from medical examinations and therapy, including preliminary

and periodic medical examinations of the workers,


42

2) individuals undergoing screening examinations using ionizing radiation,

3) healthy individuals or patients participating in medical research experiments,

4) individuals undergoing examinations using ionizing radiation for medico-legal

purposes, when not necessitated by health reasons,

5) individuals, who - outside their professional duties - knowingly and willingly

support and comfort the patients.

2. Exposures referred to in Section 1 shall require justification. Justification shall be

based on the expected net health benefit to the patient or society, outweighing the health

detriment that might result from the exposure.

3. Proper justification shall require the use of diagnostic or therapeutic radiological

procedure of a proven or generally recognized effectiveness in specified clinical

circumstances. Justification process shall also involve the assessment of the benefits and

types of risk related to alternative procedures serving the same purposes and leading to a

smaller, or none, ionizing radiation exposure.

4. Patient’s referral for a specified examination involving ionizing radiation exposure

shall result from a justified conviction of the medical practitioner or other person

authorized to issue such referral, that this examination shall furnish information enabling

a correct diagnosis or exclusion of the disease, evaluation of its course and of the progress

of therapy, as well as from the conviction that these benefits shall outweigh potential

health detriments, which may result from ionizing radiation exposure.

5. Referral referred to in Section 4 may be issued after ascertaining that equivalent

information cannot be obtained by other alternative methods, non-invasive and not

involving ionizing radiation exposure, nor from previous examinations using ionizing

radiation.

6. An examination involving ionizing radiation exposure, which has not been justified as

provided for in Sections 3 - 5, may be performed in special cases, to be evaluated on a

case-by-case basis.

7. An examination involving ionizing radiation exposure, justified as provided for in

Section 6, shall be recorded in the patient’s medical records. This shall apply in particular

to the exposure for medico-legal purposes.

8. In the event of circumstances precluding or restricting the extent of the possible

application of radiological procedure for a patient, although the procedure itself is

generally justified, the decision on waiving the implementation of the procedure or on the


43

extent of this implementation shall be taken by the referring physician (prescriber) or the

practitioner performing the procedure.

9. Medical ionizing radiation exposures resulting from the procedure which has not been

justified as provided for in Sections 3 - 5 shall be prohibited, subject to Section 6.

Article 33 b. 1. A referral for the therapy involving ionizing radiation shall be issued by

the oncologist or medical specialist in the field appropriate for the type of the disease,

after considering the justification of other therapeutic methods, resulting from the nature

of the disease, patient’s condition and possible contraindications for radiotherapy.

2. A decision to implement the therapy and on its extent, or on waiving such therapy,

shall be taken by the specialist in oncological radiotherapy, basing on:

1) prognosis for the success of therapy;

2) disease nature and advancement;

3) necessity for another treatment, either simultaneous or substitute;

4) health status of the patient;

5) possible contraindications for radiotherapy.

3. A prescriber referring the patient for the examination or therapy involving ionizing

radiation exposure shall justify his /her decision in the referral. A practitioner performing

the examination or therapy shall evaluate this justification and shall be responsible for the

choice of appropriate procedure and its correct implementation.

Article 33 c. 1. An appropriate examination and therapy involving ionizing radiation

exposure shall require the optimization of the patient’s radiological protection against

undesirable effects of the exposure.

2. In X-ray diagnostics and in nuclear medicine procedures, taking into account economic

and social factors, the effective doses shall be kept at the lowest possible level, which

ensures that the result will have a presumed diagnostic value. The optimization of the

patient’s radiological protection shall be implemented also by reducing to the minimum

the procedures, which are unnecessarily repeated and incorrectly performed.

3. In interventional radiology, in addition to the provisions of Section 2, all necessary

measures shall be taken to prevent the radiation damage to skin and underlying tissues,

resulting from long-term localized exposure, in particular - to a high dose-rate X-ray

beam.


44

4. In radiotherapy the optimization of patient’s radiological protection shall require a

maximal possible radiation protection of healthy organs and tissues during the irradiation

of target volume with prescribed therapeutic dose, applied according to such timetable

that ensures maximal effectiveness of the therapy (ability to cure the disease).

5. Individuals, who perform and supervise medical examination and treatment procedures

using ionizing radiation, shall enhance their qualifications in the area of the patient’s

radiological protection by completing the training in radiological protection of the patient,

passing the examination and obtaining the certificate confirming that such examination

has been passed.

5a. The training referred to in Section 5 can be conducted by entities which:

1) have the team of lecturers possessing university-level education and professional

knowledge and experience consistent with the scope of conducted lectures, in

particular in the area of radiological protection;

2) have facilities and equipment necessary for conducting the training;

3) maintain a training logbook, which includes at least the subject and duration of

individual sessions, together with the lecturer’s name and the list of attending

individuals, confirmed with their own signatures;

4) use a uniform system of assessing the lectures, lecturers and of the training and

examination organization, prepared by the Chief Sanitary Inspector in the form of

an anonymous questionnaire;

5) obtain the entry into the register of entities authorized to conduct the patient’s

radiological protection training maintained by the Chief Sanitary Inspector,

hereinafter referred to as “the register of entities conducting the training”;

5b. The Chief Sanitary Inspector shall supervise the compliance of the entity entered into

the register of entities conducting the training with the requirements established in

Section 5a, and in case of non-compliance shall remove the entity from this register.

5c. The training referred to in Section 5 shall be concluded by the examination before the

Examining Commission, appointed by the Chief Sanitary Inspector from among the

experts in medical applications of ionizing radiation, and by issuing the certificate

confirming that this examination has been passed.

5d. The certificate referred to in Section 5c shall be valid for 5 years from its issuing.

Lack of valid certificate shall render impossible the performance of work referred to in

Section 5.


45

5e. An examination fee shall not exceed the amount of 30% of an average salary,

established under the Act of Parliament of 10 October 2002 on Minimal Salary (Journal

of Laws No 200 Item 1679, of 2004 No 240 Item 2407 and of 2005 No 157 Item 1314),

valid on 1 January of the year of the examination.

6. Children, females of childbearing age, and pregnant and breastfeeding females, as well

as the family members and individuals in the vicinity of the patients who undergo a

therapy involving radiopharmaceuticals, shall be subject to special protection related to

the exposure in diagnostic and therapeutic procedures.

7. Health care units, which perform procedures or therapy involving radiotherapy, nuclear

medicine, interventional radiology and X-ray diagnostics, shall take appropriate measures

to prevent medical radiological emergencies. For this purpose the control of physical

parameters of radiological equipment, and of internal and external clinical audits shall be

performed, and quality management system shall be implemented.

8. Costs of conducting internal and external audits referred to in Section 7 shall be borne

by the health care units.

9. The minister competent for health matters shall establish by regulation the conditions

for safe use of ionizing radiation for all types of medical exposure referred to in Article

33a, Section 1, with the aim to ensure high quality of medical services and taking into

account the standards valid in the European Union. These conditions shall include:

1) principles and methods of good medical practices, aimed at limiting the doses

received by the patients in X-ray diagnostics, radioisotope diagnostics, and

interventional radiology, including the reference levels and physical parameters

for X-ray examinations prerequisite for the conformance with good medical

practices;

2) requirements and detailed rules for the implementation of quality management

system in X-ray diagnostics, interventional radiology, nuclear medicine and

radiotherapy;

3) requirements for specialist training for the individuals who perform and supervise

medical examination and therapeutic procedures using ionizing radiation,

including:

a) procedure for making entries to the register of entities conducting the

training maintained by the Chief Sanitary Inspector,

b) method by which the Chief Sanitary Inspector supervises the entities entered

into the register;


46

c) framework training program,

d) procedure for appointing the Examination Commission, detailed

requirements for the Commission members and the Commission working

procedures,

e) terms for admittance to examination and the procedure for conducting the

examination,

f) procedure for issuing the certificate and the form of this certificate,

g) procedure for the payment of examination fee, its amount and the

remuneration for examination commission members.

4) special rules for ionizing radiation exposures in diagnostics and therapy involving

children, females in childbearing age, and pregnant and breastfeeding females;

5) rules for protection against excessive exposure of family members and people in

the vicinity of the patients subsequent to the therapy involving the use of

radiopharmaceuticals;

6) detailed requirements for screening tests and medical research experiments

resulting from the nature of medical exposures;

7) detailed rules for prevention of medical radiological emergencies in radiotherapy,

interventional radiology and X-ray diagnostics, and also the ways and procedures

applied subsequent to the occurrence of such emergencies;

8) dose limits for the individuals referred to in Article 33a, Section 1, Items 3 and 5;

9) rules for the control of physical parameters of the radiological equipment, and

internal and external clinical audits to verify the compliance with the

requirements for radiological protection of the patient.

Article 33d. 1. Activities involving medical exposure to ionizing radiation, consisting in

oncological radiotherapy services, including cancer treatments using

radiopharmaceuticals, shall require the approval of the Chief Sanitary Inspector.

2. The approval referred to in Section 1 may be granted to the entity, which:

1) has an appropriate number of suitably qualified personnel,

2) holds radiological equipment necessary for performing diagnostic and therapeutic

procedures,

3) applies appropriate medical treatment procedures,


47

4) has a quality management system for medical services involving ionizing

radiation.

3. The approval referred to in Section 1 shall be granted after obtaining:

1) positive opinion of the national consultant for oncological radiotherapy or

national consultant for nuclear medicine,

2) positive opinion of the state regional sanitary inspector.

4. The approval may be permanently or temporarily revoked, on the request of the

commission referred to in Article 33g, Section 1, Item 1 or 2, if the health care unit24

does

not fulfil the requirements established in the regulations issued under Section 5.

4a. The Chief Sanitary Inspector shall maintain a central register of approvals issued

under Section 1.

5. The minister competent for health matters shall establish by regulation the minimal

requirements for the health care units seeking the approval referred to in Section 1,

concerning the diagnostic and therapeutic radiological equipment, supplementary

equipment, number of personnel and their qualifications. The requirements shall also

include the scope of documentation necessary for the health care unit for securing the

approval referred to in Section 1, from the viewpoint of safety of the personnel and the

patients.

Article 33e. 1. Activities involving exposure to ionizing radiation for medical purposes,

consisting of rendering health services within the area of X-ray diagnostics, non-

cancerous diseases diagnostics and treatment, and palliative treatments using

radiopharmaceuticals and interventional radiology procedures, shall require the approval

of the state regional sanitary inspector, subject to Section 2.

2. In case of health care units subjected or subordinated to, or supervised or established

by the Minister of National Defence, the approval referred to in Section 1 shall be granted

by the commander of military preventive medicine centre, and in case of health care units

subjected or subordinated to, or supervised or established by the minister competent for

home affairs – by the state sanitary inspector of the Ministry for Home Affairs and

Administration.

3. The approval referred to in Sections 1 and 2 may be granted to the entity, which:

1) has an appropriate number of appropriately qualified personnel,

2) holds radiological equipment necessary for the performance of diagnostic and

therapeutic procedures,


48

3) applies appropriate medical procedures,

4) has a quality management system for medical services within the scope referred

to in Section 1.

4. The approval referred to in Sections 1 and 2 shall be granted after obtaining the opinion

of appropriate regional consultant for radiology – imaging diagnostics or nuclear

medicine.

5. The regional consultant shall grant the opinion referred to in Section 4 not later than 14

days after receiving the request for the opinion from the approval-granting authority.

6. For health care units rendering health services consisting of X-ray diagnostics,

interventional radiology, radioisotopic diagnostics and therapy of non-oncological

diseases, the minister competent for health matters shall establish by regulation the

minimal requirements concerning the radiological equipment, supplementary equipment,

number of personnel and their qualifications, and also the scope of documentation

required for granting the approval referred to in Sections 1 and 2, from the viewpoint of

safety of the personnel and the patients.

7. The provisions contained in Sections 1 - 5 shall not apply to the stomatologic X-ray

devices, nor to the equipment used solely for bone densitometry.

Article 33f. Licenses referred to in Article 5, Section 4, and approvals referred to in

Article 33e, Sections 1 and 2 shall be forwarded immediately by the issuing authority to

the Chief Sanitary Inspector, who keeps the central register of such documents.

Article 33g. 1. The commissions for procedures and external clinical audits (hereinafter

referred to as “the commissions”) shall be established for the following areas:

1) oncological radiotherapy,

2) nuclear medicine,

3) radiology - imaging diagnostics and interventional radiology.

2. Commissions shall consist, as appropriate, of:

1) national consultants for oncological radiotherapy, nuclear medicine and radiology

– imaging diagnostics,

2) experts proposed by the Polish Medical Association for Radiology, Polish

Association for Nuclear Medicine, Polish Oncological Association and Polish

Association for Medical Physics,


49

3) representatives of the minister competent for health matters, Minister of National

Defence, and minister competent for home affairs.

3. Commissions shall be chaired by appropriate national consultants referred to in Section

2, Item 1, and the commission members shall be nominated and recalled by the minister

competent for health matters.

4. Commissions shall establish their own working rules, to be approved by the minister

competent for health matters.

5. Commissions shall develop, in a written form, standard radiological procedures for

justified medical exposures recognized as standard exposures.

6. On the basis of procedures referred to in Section 5, a health care unit shall develop

documented working procedures, required by the quality management system.

7. A list of standard procedures shall be published in the Official Journal of the Ministry

of Health.

8. Standard procedures shall be evaluated in case of the appearance of new data related to

their effectiveness or impacts.

9. Procedures, deemed to be insufficiently effective on the basis of evaluation referred to

in Section 8, shall be removed from the list referred to in Section 7.

10. Commissions shall evaluate the new types of medical applications of ionizing

radiation, which, subsequent to their justification, may be introduced into the list referred

to in Section 7.

11. Commissions may request a temporary or permanent revocation of the approval for

rendering the services of oncological radiotherapy, nuclear medicine and radiology –

imaging diagnostics, and interventional radiology by the health care unit, if the unit does

not fulfil basic requirements for quality of service and patients’ safety, which are

consistent with the regulations issued under Articles 33c, Section 9, Article 33d, Section

5 and Article 33e, Section 6.

12. In case of request for temporary revocation of the approval, appropriate commission

shall establish the scope of activities, which the health care unit must undertake for the

approval to be renewed.

13. A failure to implement the activities referred to in Section 12 shall result in the

request for permanent revocation of the approval.

14. At least once in every 4 years the commissions shall conduct an external clinical

audit, including the review of the correctness of procedures applied within rendered

services, and of the personnel’s qualifications, including also the area referred to in


50

Article 33i, and also of the issues related to the equipment, the premises and the quality

management system.

15. The minister competent for health matters shall establish by regulation the detailed

requirements for the form and content of the standard and working procedures referred to

in Sections 5 and 6, taking into account the European Union’s recommendations.

Article 33h. Medical experiments involving ionizing radiation may be conducted

exclusively within the framework of scientific research or controlled clinical research

performed by medical research entities.

Article 33i. 1. National consultants in the field of oncological radiotherapy, nuclear

medicine, radiology – imaging diagnostics, medical physics, medical engineering, and

also in these medical areas where interventional radiology procedures are performed,

while developing the specialized training programs shall include the training in the issues

of patient’s radiological protection, in the scope consistent with European Union’s

recommendations, and shall consult its curriculum with the Centre referred to in Article

33j, Section 1.

2. (repealed)

Article 33j. 1. Minister competent for health matters shall establish the National Centre

for Radiological Protection in Health Care, hereinafter referred to as “the Centre”, to be

operated in the form of a budgetary entity.

2. Organizational form, mode of operation and detailed tasks of the Centre shall be

established by regulation by the minister competent for health matters, to ensure the

monitoring of radiological protection status, which is necessary for medical applications

of ionizing radiation.

3. The tasks of the Centre shall include:

1) monitoring of the radiological protection status which results from medical

applications of ionizing radiation, based on:

a) control activities of the National Sanitary Inspection,

b) reports of the commissions,

c) information gained from individual dose control, assessments of the

population’s exposure to radiation sources used in medicine,


51

d) scientific research,

2) submitting annual reports to the minister competent for health matters, on the

assessment of the implementation of requirements for safety in medical

applications of ionizing radiation,

3) ensuring topical assistance and expert consulting for the organizational units for

radiation hygiene in regional sanitary-epidemiological stations, in the area of

medical applications of ionizing radiation,

4) developing the methods and procedures for the tests of technical parameters of

the radiological equipment,

5) issuing opinions on the draft regulations in the area of the radiological protection

of the patient,

6) participation in the commissions investigating the causes of accidents, which

result from the medical applications of ionizing radiation,

7) consultations concerning training programs in radiological protection, addressed

to medical practitioners and specialists in various fields,

8) cooperation with the Agency’s President, Chief Sanitary Inspector, Chief

Sanitary Inspector for Polish Military Forces, and Chief Sanitary Inspector for the

Ministry for Home Affairs and Administration,

9) conducting every 5 years periodical assessments of the population dose, resulting

from the medical applications of ionizing radiation.

4. The Centre may conduct payable activities, consisting in:

1) conduct of training activities in the area of radiological protection,

2) development, translation and publication of training materials,

3) certification of laboratories, which perform the assessments of technical

parameters of X-ray diagnostic devices, aimed at the radiological protection of

the patients,

4) calibration of the control and measurement instruments used for ionizing

radiation measurements for radiological protection purposes.

Article 33k. 1. Chief Sanitary Inspector shall maintain a national radiological equipment

database.


52

2. State regional sanitary inspectors, the commanders of military centres for preventive

medicine, state sanitary inspectors of Ministry for Home Affairs and Administration, and

the Agency’s President shall deliver to the Chief Sanitary Inspector the information on

the radiological equipment for which they issue the licences.

3. The minister competent for health matters shall establish by regulation the

organizational framework for radiological equipment database, and also the scope of

information referred to in Section 2 and the procedure for its delivery, taking into account

the necessity for implementation of appropriate policy to ensure the accessibility of

diagnostic and therapeutic services, and also for the radiological equipment management

and replacement.

Chapter 4

Nuclear facilities

Article 34. No activities involving exposure and consisting in construction,

commissioning, operation or decommissioning of nuclear facilities can be conducted

by an organizational entity which fails to comply with the requirements concerning

nuclear safety, radiological protection, physical protection and nuclear material

safeguards.

Article 35. 1. The head of organizational entity authorized to conduct activities

involving exposure and consisting in construction, commissioning, operation or

decommissioning of nuclear facilities shall be responsible for nuclear safety,

radiological protection, physical protection and nuclear material safeguards.

2. The responsibility referred to in Section 1 shall be waived on the day when the

Agency’s President signs a decommissioning report of the relevant nuclear facility.

3. Notwithstanding the obligations of the head of organizational entity related to the

construction process of a nuclear facility, the responsibility for compliance with the

regulations for nuclear safety, radiological protection, physical protection and

nuclear material safeguards shall also rest on other parties involved in the

investment process, according to the tasks they perform.

4. In the localization, design, construction, commissioning, operation or

decommissioning process of nuclear facilities, including repairs and renovations, the

relevant technical and organizational solutions should be employed to safeguard

compliance with the requirements referred to in Article 9, Section 1, throughout all

stages of the nuclear facility operation.


53

Article 35a. 1. Each individual shall have the right to be informed in writing by the

head of organizational entity conducting activities involving exposure and consisting

in commissioning, operation or decommissioning of nuclear facilities on the status of

nuclear safety and radiological protection of the facility, its impact on human health

and natural environment, and of the volume and isotopic composition of radioactive

substance emissions from the nuclear facility to the environment.

2. The head of organizational entity conducting activities involving exposure and

consisting in commissioning, operation or decommissioning of nuclear facilities shall

publish or update information in the facility’s official website, at least once every 12

months, concerning the status of nuclear safety and radiological protection of the

facility, its impact on human health and natural environment, and of the volume

and isotopic composition of radioactive substance emissions from the nuclear facility

to the environment.



immediately notify the Agency’s President, the regional governor, district or

municipal authorities competent for the area where the facility is located, as well as

municipal authorities of the adjacent areas on all emergencies related to actual or

potential nuclear hazards.



publish or update information concerning hazardous nuclear emergencies within

the last 12 months in the facility’s official website and shall forward it to Agency’s

President.

5. Pursuant to the regulations on access to information on the environment and its

protection, the participation of general public in environmental protection and on

environmental impact assessments, the Agency’s President shall make publically

known:

1) information on the status of nuclear safety and radiological protection of

nuclear facilities, and their impact on the human health and natural

environment;

2) information on volume and isotopic composition of radioactive substance

emissions from the nuclear facilities to the environment;

3) information on any hazardous emergencies at the nuclear facility;


54

4) licences issued for the nuclear facilities;

5) annual safety assessments of the inspected nuclear facilities.

6. Information on physical protection, nuclear material safeguards and classified

information within the meaning of regulations on combating unfair competition

shall not be disclosed.

Article 35b. 1. Nuclear facilities shall be located within an area which ensures that

nuclear safety, radiological protection and physical protection requirements are

fulfilled during commissioning, operation and decommissioning of the facility, and

that emergency measures can be effectively implemented in response to any

radiation emergency.

2. Before the location for a future nuclear facility is approved, the investor shall

perform on-site studies and measurements to evaluate the location in terms of its

suitability. The assessment shall address:

1) seismic, tectonics, geological, geo-engineering, hydrogeological, hydrological

and meteorological conditions;

2) man-made external incidents;

3) external incidents attributed to the forces of nature;

4) population density and land development;

5) conditions for the employment of emergency measures in response to

radiological emergency;

3. The investor shall draw up a location assessment report based on the study results

and shall forward it to the Agency’s President. The location report shall be reviewed

by the Agency’s President in the course of the proceedings for granting a nuclear

facility construction licence.

4. The Council of Ministers shall establish, by regulation, a detailed scope of a site

survey for a future nuclear facility, conditions which make the location

inappropriate as referred to in Section 1, as well as requirements for the location

report, bearing in mind the necessity to ensure nuclear safety, radiological

protection and physical protection during commissioning, operation and

decommissioning of the facility, as well as conditions for effective implementation of

emergency measures in response to any radiation emergency, in consideration of the

recommendations of the International Atomic Energy Agency.


55

Article 36. 1 Authority competent to issue the decision on construction and development

conditions for the site of a future nuclear facility under the Act of Parliament of 27 March

2003 on Land Use Planning (Journal of Laws, No 80, Item 717 and of 2004 , No 6, Item

41 and No 141, Item 1492) shall issue this decision after obtaining a positive opinion of

the Agency’s President on nuclear safety and radiological protection matters.

2. In the event that a proposed local land-use plan includes a nuclear facility, this plan

shall be cleared with the Agency’s President, according to the procedure established in

the Act referred to in Section 1.

Article 36a. 1. Before applying for a nuclear facility construction licence, the

investor can apply to the Agency’s President for a preliminary assessment of the site

of a future nuclear facility.

2. The application referred to in Section 1 shall include:

1) name, registered office and address of the investor;

2) National Court Register number of the investor;

3) type of nuclear facility to which the application refers;

4) boundaries of the site where the nuclear facility is planned to be located.

3. The location report shall be enclosed to the application.

4. The Agency’s President shall issue the assessment referred to in Section 1 within 3

months from the submission date of the application.

5. In return for the preliminary assessment of the site of a future nuclear power

plant, the investor shall pay PLN 198,000 to the National Atomic Energy Agency

account. The payment shall be classified as a budget revenue.

Article 36b. In the design and construction process of a nuclear facility, no solutions

or technologies shall be used which have not been demonstrated to be appropriate in

practice in other nuclear facilities, or by means of tests, studies and analyses.

Article 36c. 1. Nuclear facility design:

1) shall take into account the necessity to ensure nuclear safety, radiological

safety and physical protection in the curse of construction, commissioning,


56

operation, including repairs and renovations, and decommissioning of the

facility, as well as conditions for effectively implementing emergency

measures in response to any radiation emergency;

2) shall take into account the sequence of safety levels to prevent deviations

from normal operating conditions, predictable operating emergencies and

design basis accidents, as well as severe emergencies unaccounted for in the

nuclear facility design, and if any of the foregoing deviations, incidents or

emergencies cannot be prevented – to control them and to mitigate

radiological impact of the emergency;

3) shall include solutions that safeguard reliable, stable, easy and safe operation

of the nuclear facility, with particular attention to factors related to man-

machine cooperation between personnel and operating systems, construction

elements and installations referred to in regulations issued under Article 5,

Section 4 of the Technical Inspection Act of 21 December 2000 (Journal of

Laws No. 122, Item 1321, with later amendments),

2. Should any emergency arise that may lead to the degradation of the reactor core,

the design of the nuclear facility shall have in place specific solutions that will be

most likely to prevent:

1) a chain of incidents leading to premature release of radioactive substances,

i.e. incidents that require intervention measures to be employed outside the

nuclear facility, if no time is left to implement them;

2) a chain of incidents leading to considerable releases of radioactive

substances, i.e. incidents that require general public protection measures to

be employed which would be unlimited in time and space.

3. The Council of Ministers shall establish by regulation nuclear safety and

radiological protection requirements to be accounted for in the nuclear facility

design, applicable to different types of nuclear facilities, bearing in mind the

necessity to ensure nuclear safety, radiological protection, physical protection and

nuclear material safeguards in the course of commissioning, operation and

decommissioning of a nuclear facility, as well as effective implementation of

emergency measures in response to any radiation emergency, in accordance with the

guidelines of the International Atomic Agency and the Western European Nuclear

Regulators' Association.

4. IT systems of critical importance for the supervision of technological and

production process at nuclear facilities shall be designed, constructed and operated


57

in accordance with the IT safety requirements defined in the legal regulations on the

protection of classified information and referring to IT systems and networks

intended to process classified information. This type of IT systems and networks

shall be accredited by the Internal Security Agency.

Article 36d. 1. Before applying for a nuclear facility construction licence to the

Agency’s President, the investor shall carry out nuclear safety analyses, taking into

account the technical and environmental factors, and shall have them verified by

independent entities which are by no way involved in the design process of the

future nuclear facility.

2. Based on the safety analysis results, the investor shall draw up a preliminary

safety report to be forwarded to the Agency’s President along with the application

for the construction licence.

3. The Council of Ministers shall establish by regulation the scope and methods of

safety analyses, and the scope of the preliminary safety report in order to ensure

that all information concerning the impact of the future nuclear facility on the

nuclear safety and radiological protection is provided, in consideration of the

guidelines of the International Atomic Agency and the Western European Nuclear

Regulators' Association.

Article 36e. The nuclear facility construction shall ensure nuclear safety and

radiological protection of personnel and general public, according to the

construction licence issued by the Agency's President and the implemented

integrated management system.

Article 36f. 1. A restricted-use area shall be established surrounding the nuclear

facility, referred to in the Environmental Protection Law Act of 27 April 2001

(Journal of Laws of 2008 No. 25 Item 150, with later amendments).

2. The restricted-use area surrounding the nuclear facility shall cover an area within

whose boundaries:

1) the annual effective dose from all routes of exposure shall not exceed 0.3

millisievert (mSv) under normal operating conditions of the nuclear facility

and during predictable operating emergencies;


58

2) the annual effective dose from all routes of exposure shall not exceed 10

millisieverts (mSv) in emergencies during which the reactor core remains

safe.

3. In estimating the effective dose specified in Section 2, the following information

and data shall be taken into account:

1) nuclear facility parameters, including its construction and safety measures in

use, forecasted releases of radioactive substances to the environment under

normal operating conditions, during predictable operating emergencies and

under emergency conditions, and types of nuclear materials that are kept in

the nuclear facility;

2) location of the nuclear facility, including natural environmental conditions

prevailing in the surrounding area, and in particular: topography, geological

structure, weather conditions, including the most adverse weather

conditions, hydrological conditions, land development, standing and flowing

surface water within the vicinity of the nuclear facility;

3) operating procedures under normal conditions;

4) distribution of ionizing radiation doses at various distances from the nuclear

facility, corresponding to normal and emergency conditions accounted for in

the facility design;

5) other factors that might influence the assessment of the radiation hazard

magnitude within the restricted-use area.

4. The restricted-use area boundaries shall be subject to a favourable opinion of the

Agency's President.

Article 36g. 1. The limitations in the intended use of the area, technical requirements

for buildings and the use of land referred to in Article 135, Section 3a of the

Environmental Protection Law Act of 27 April 2001 can apply, in particular, to the

constriction of residential buildings, multiple residence buildings, and public

buildings, as well as business activities unrelated to the nuclear facility that may

significantly impact the nuclear facility.

2. The limitations in the intended use of the area, technical requirements for

buildings and the use of land, and the impact of business activities on the nuclear

facility shall be subject to a favourable opinion of the Agency’s President.


59

Article 36h. If any information or data that were used as the basis for the estimation

of the effective radiation dose are changed, the restricted-use area surrounding the

nuclear facility shall be demarcated anew.

Article 36i. If any radiation emergency occurs, the consequences of which can reach

beyond the nuclear facility area, no individuals shall be allowed to enter the

restricted-use area, except for individuals involved in the risk mitigation or in

eliminating the impact in the aftermath of radiation emergency.

Article 36j. 1. A safety class shall be defined for each nuclear facility system,

construction element and installation which is important for nuclear safety and

radiological protection, including control and supervision software – depending on

the extent of the potential impact on nuclear safety and radiological protection of

the facility.

2. The safety classes shall be defined in consideration of the following:

1) safety function exercised or supported by the qualified nuclear facility

system, construction element or installation;

2) direct impact on the continuity of the safety functions if the qualified nuclear

facility system, construction element or installation is damaged under

normal operation and in emergency;

3) whether the qualified nuclear facility system, construction element or

installation can cause an initiating emergency if damaged, which could

potentially lead to radiation hazard;

4) the extend to which the qualified nuclear facility system, construction

element and/or installation is necessary to exercise the necessary safety

function.

3. The documentation of safety classification referred to in Section 1 shall be

forwarded to the Agency’s President along with the application for a nuclear facility

construction licence. The safety classification documentation shall include, in

particular:

1) list of nuclear facility systems, construction elements and installations;

2) safety classification of nuclear facility systems, construction elements and

installations;


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3) technical documentation illustrating the layout of nuclear facility systems,

construction elements and installations.

Article 36k. 1. The organizational entity conducting activities involving exposure

and consisting in construction, commissioning, operation or decommissioning of

nuclear facilities shall have an integrated management system.

2. The integrated management system shall include:

1) quality policy;

2) quality assurance programme;

3) description of the management system;

4) description of the organizational structure;

5) description of responsibilities, duties, authorizations of and

interdependencies between personnel involved in management,

implementation and assessment operations;

6) description of interdependencies between external entities;

7) description of organizational entity processes along with explanations

concerning preparation, revision, implementation, documentation,

assessment and improvement of the nuclear facility daily operations;

8) safety classification of nuclear facility systems, construction elements and

installations;

9) preliminary safety report and final safety report.

3. Integrated management system records shall be forwarded to the Agency’s

President for approval along with the application for a licence to conduct activities

involving exposure and consisting in construction, commissioning, operation or

decommissioning of nuclear facilities.

4. Producers and suppliers of nuclear facility systems, construction elements and/or

installations, as well as contractors for construction works at the nuclear facility

shall have appropriate quality systems implemented for the services they provide.

Article 37. 1. Nuclear regulatory bodies as well as other bodies referred to in Article

66 Section 3, as far and to the extent they are authorized to do so, shall inspect

producers and suppliers of nuclear facility systems, construction elements and


61

installations, as well as contractors for systems, components and works important

for the nuclear safety, radiological protection and safe operation of installations

referred to in the regulations issued under Article 5, Section 4 of the Technical

Inspection Act of 21 December 2000, carried out or provided during construction,

fitting, commissioning, operation and decommissioning of a nuclear facility.

2. The inspections referred to in Section 1 shall consist in checking selected nuclear

facility systems, construction elements and installations which are ready or being

made, as well as works which are being performed at the nuclear facility.

3. Contracts concluded with contractors and suppliers referred to in Section 1 shall

assure possibility of nuclear regulatory bodies inspections referred to in Section 2.

4. In the course of inspections referred to in Section 1, the nuclear regulatory bodies

shall be authorized to request an assessment to be drawn up by specific public

administration bodies, and in particular, by the Office of Technical Inspection, and,

as far as and to the extent that any specialist knowledge related to nuclear safety is

required in drawing such assessments, also by:

1) expert laboratories and organizations authorized by the Agency’s President

– to control producers and suppliers of nuclear power plant systems,

construction elements and installations, as well as contractors for works

during construction, fitting and decommissioning of a nuclear power plant;

2) independent experts and laboratories – to control producers and suppliers of

systems, construction elements and installations of other nuclear facilities, as

well as contractors for works during construction, fitting and

decommissioning of such nuclear facilities;

5. If in the course of control referred to in Section 1 any nuclear facility system,

construction element or installation is found to negatively affect nuclear safety and

radiological protection, the Agency’s President shall order the organizational entity

conducting activities involving exposure and consisting in construction,

commissioning, operation or decommissioning of nuclear facilities to stop using the

system or element.

6. If in the course of control referred to in Section 1 any works performed at a

nuclear facility are found to have negative impact on nuclear safety and radiological

protection, the Agency’s President shall order the organizational entity conducting

activities involving exposure and consisting in construction, commissioning,

operation or decommissioning of nuclear facilities to suspend the works in question.


62

Article 37a. 1. A nuclear facility shall be commissioned and operated in a manner

that will ensure nuclear safety and radiological protection of personnel and general

public, in accordance with the licence issued by the Agency’s President and the

implemented integrated management system.

2. Nuclear facility commissioning shall be conducted according to a nuclear facility

commissioning programme approved by the Agency’s President on request of the

head of organizational entity. The programme shall list all pre-commissioning tests

of nuclear facility systems, construction elements and installations to be completed,

and in particular:

1) pre-commissioning tests, including tests required under the technical

inspection regulations;

2) fuel load and sub-criticality tests;

3) preliminary criticality tests and low power output tests;

4) power output tests.

3. The head of organizational entity shall regularly submit the results of nuclear

facility commissioning tests to the Agency’s President.

4. Nuclear facility commissioning records shall be kept to provide documentary

evidence of the commissioning process.

Article 37b. 1. The Agency’s President shall suspend nuclear facility commissioning

if the results of commissioning tests indicate any risks for nuclear safety or non-

compliances with the nuclear safety requirements.

2. The Agency’s President shall approve the nuclear facility commissioning report

which shall give evidence of the commissioning process. The report shall be

submitted by the deadline stated in the nuclear facility commissioning licence.

3. The Agency’s President shall apply to the Council for Nuclear Safety and

Radiological Protection to review the report referred to in Section 2.

4. The Council for Nuclear Safety and Radiological Protection shall review the

report referred to in Section 3 within one month from being requested to do so.

Article 37c. 1. The head of organizational entity conducting activities involving

exposure and consisting in the operation of nuclear facility shall:

1) keep records on the day-to-day operation of the nuclear facility;


63

2) introduce technical and organizational solutions to be able to collect and

analyse on an ongoing basis the nuclear facility operating parameters which

are important for the nuclear safety and radiological protection, in

consideration of the operating experience so far;

3) regularly forward the nuclear facility operating parameters which are

important for the nuclear safety and radiological protection to the Agency’s

President;

4) regularly submit to the President of the Office of Technical Inspection

current information on the operation of installations referred to in

regulations issued under Article 5, Section 4 of the Technical Inspection Act

of 21 December 2000, which are set up and operated at a nuclear power

plant.

2. The President of the Office of Technical Inspection shall inform the Agency’s

President on any non-compliances in the operation of such installations with the

regulations issued under Article 5, Section 4 of the Technical Inspection Act of 21

December 2000.

3. The Agency’s President shall issue an order to reduce the power output or to stop

the operation of a nuclear facility if further operation of this facility poses any threat

to nuclear safety or radiological protection, in his /her assessment or based on

information on non-compliances with the regulations issued under Article 5, Section

4 of the Technical Inspection Act of 21 December 2000 forwarded by the President

of the Office of Technical Inspection, as referred to in Section 2.

4. Subsequent increase of power output or the start-up of nuclear facility shall

require a written approval of the Agency’s President having confirmed that further

operation of the nuclear facility poses no threat to nuclear safety or radiological

protection.

5. Start-up of nuclear facility after a downtime exceeding the period of 12 months

shall require a licence to operate the facility granted by the Agency’s President,

following a favourable opinion of the President of the Office of Technical Inspection

concerning the technical safety of installations referred to in regulations issued

under Article 5, Section 4 of the Act of 21 December 2000, set-up and operated at a

nuclear power plant.

Article 37d. 1. Renovation of any nuclear facility system, construction element or

installation important for the nuclear safety and radiological protection, and each


64

reactor start-up following fuel load or renovation of any system, construction

element or installation shall require a written approval of the Agency’s President.

2. Repair and renovation of nuclear power plant installations referred to in

regulations issued under Article 5, Section 4 of the Act of 21 December 2000 shall

require to be cleared with the Office of Technical Inspection.

Article 37e. 1. The head of organizational entity conducting activities involving

exposure and consisting in the operation of nuclear facilities shall regularly assess

the nuclear safety of the facilities, hereinafter referred to as “periodical safety

assessments”, for compliance with the licence conditions, legal regulations, as well as

national and international standards for nuclear safety and safe operation of

installations referred to in regulations issued under Article 5, Section 4 of the

Technical Inspection Act of 21 December 2000, with particular regard to the issues

related to the natural wear and tear of installations, systems and construction

elements of the nuclear facility. The periodical safety assessment shall also list all

changes introduced in the nuclear facility from the date of the last periodical safety

assessment or facility commissioning.

2. The periodical safety assessment shall take place at time intervals stated in the

licence for the nuclear facility operation, but at least every 10 years.


consisting in the operation of nuclear facilities shall draw up a detailed periodical

safety assessment plan to be approved by the Agency’s President.

4. For nuclear power plants, before the detailed periodical safety assessment plan is

approved, the Agency’s President shall consult with the President of the Office of

Technical Inspection in matters related to the safe operation of installations referred

to in regulations issued under Article 5, Section 4 of the Technical Inspection Act of

21 December 2000.

5. Based on the periodical safety assessment, the head of organizational entity

executing activities involving exposure and consisting in the operation of nuclear

facilities shall draw up a periodical safety assessment report to be submitted to the

Agency’s President for approval until by the deadline stated in the licence for the

nuclear facility operation.

6. The Agency’s President shall apply to the Council for Nuclear Safety and

Radiological Protection for an assessment of the report referred to in Section 5.


65


report referred to in Section 6 within one month from being requested to do so.

8. The Agency's President shall approve or reject the report referred to in Section 5

within 6 months from the date it was submitted.

9. If the report referred to in Section 5 is rejected, the nuclear facility cannot be

operated from the day the decision has been issued until specifically allowed to.

10. The restriction referred to in Section 9 shall be waived on the day when the

Agency’s President approves the periodical safety assessment report.

11. The Council of Ministers shall establish by regulation the scope of periodical

safety assessment and the periodical safety assessment report for different types of

nuclear facilities, bearing in mind the necessity to provide comprehensive and

credible information on the operation of nuclear facility systems, construction

elements and installations which are important from the viewpoint of nuclear safety

and radiological protection, in consideration of the guidelines of the International

Atomic Agency and the Western European Nuclear Regulators' Association.

Article 38. The Council of Ministers shall establish by regulation the requirements

for commissioning and operation of nuclear facilities, and in particular:

1) nuclear facility operating limits and conditions;

2) handling nuclear fuel, including nuclear fuel load;

3) obligatory pre-commissioning tests of nuclear facility systems, construction

elements and/or installations;

4) elements of nuclear facility commissioning records and nuclear facility

commissioning report;

5) elements of nuclear facility operation records

– bearing in mind the necessity to safeguard nuclear safety, radiological protection

and in consideration of the applicable guidelines of the International Atomic Agency

and the Western European Nuclear Regulators' Association.

Article 38a. A nuclear facility shall be decommissioned in a manner that will ensure

nuclear safety and radiological protection of personnel and general public, in

accordance with the licence issued by the Agency’s President and the implemented

integrated management system.


66

Article 38b. 1. Before applying for the licence to build, commission or operate a

nuclear facility, the head of organizational entity shall draw up a nuclear facility

decommissioning programme to be submitted to the Agency’s President for

approval along with the application for granting the licence.

2. In the course of nuclear facility operation, the programme referred to in Section 1

shall be updated at least once every five years or immediately if the nuclear facility

is closed under circumstances unaccounted for in the programme. An updated

nuclear facility decommissioning programme shall be submitted to the Agency’s

President for approval along with the cost estimates of nuclear facility

decommissioning.

Article 38c. 1. The head of organizational entity conducting activities involving

exposure and consisting in the decommissioning of a nuclear facility shall draw up a

nuclear facility decommissioning report to be submitted to the Agency’s President

for approval by the deadline stated in the licence for nuclear facility

decommissioning.

2. Nuclear facility decommissioning shall be considered completed on the day when

the nuclear facility decommissioning report is approved by the Agency's Report.

3. The Council of Ministers shall establish by regulation nuclear safety and

radiological protection requirements for decommissioning of different types of

nuclear facilities, and the elements of the nuclear facility decommissioning report, in

consideration of the guidelines of the International Atomic Agency and the Western

European Nuclear Regulators' Association.

Article 38d. 1. In order to cover the costs of the spent nuclear fuel and radioactive

waste disposal and the costs of nuclear power plant decommissioning, the

organizational entity which was authorized to operate a nuclear power plant shall

make quarterly payments to a distinguished special found, hereinafter referred to as

a “decommissioning fund”, with dedicated bank account assigned to the found, to

which once a quarter entity makes the payment. Resources collected on the account

can be deposited on fixed-term deposit accounts or invested in bonds emitted by the

minister competent in the matters of public finance.

2. The payment referred to in Section 1 shall be made for every megawatt-hour

produced by the nuclear power plant.


67

3. The payments referred to in Section 1 shall be remitted until the 15 day of a

month following the quarter to which the payment relates. The payment shall apply

to the period from the first day of a quarter following the quarter when the first

megawatt-hour of electricity was produced by the nuclear power plant, until the day

when nuclear power plant decommissioning is initiated.

4. The decommissioning funds shall be allocated to cover the costs of spent nuclear

fuel and radioactive waste disposal and nuclear power plant decommissioning.

5. The head of organizational entity authorized to operate or decommission a

nuclear power plant shall close the decommissioning fund only following a

favourable opinion of the Agency’s President.

6. The head of organizational entity authorized to operate or decommission a

nuclear power plant shall submit to the Agency's President a quarterly report on the

contributions paid to the decommissioning fund and the number of megawatt-hours

of electricity produced within the relevant period until the 20 day of the month

following the period to which the payment relates.

7. If the contributions referred to in Section 1 are delayed for more than 18 months,

the Agency’s President shall be authorized to stop the operation of the defaulting

nuclear power plant.

8. The Council of Ministers shall establish by regulation the amounts of

contributions to cover the costs of spent nuclear fuel and radioactive waste disposal

and the costs of nuclear power plant decommissioning by organizational entity

authorized to operate a nuclear power plant, taking into account the estimated

operation period of the nuclear power plant, the volume of radioactive waste,

including spent nuclear fuel, the cost of waste disposal, and the costs of the nuclear

power plant decommissioning.

9. The Council of Ministers shall establish by regulation a standard quarterly report

on the amount of contributions to the decommissioning fund, bearing in mind the

necessity to provide reliable information on the owed and actual contributions to the

fund.

Article 38e. In proceedings referred to in Article 37, Sections 5 and 6, Article 37b,

Article 37c, Sections 3 and 4, Article 37d, Article 37e, Section8, Article 38b, Section

2, Article 38c, Section 1 and Article 38d, Section 7, the provisions of Article 31 of the

Code of Administrative Proceedings Act of 14 June 1960 (Journal of Laws of 2000

No. 98, Item 1071, with later amendments) shall not apply.


68

Article 38f. In relation to licences for activities referred to in Article 4, Section 1,

Item 2 , the provisions of this chapter and chapter 2 shall apply, except for Article 5,

Sections 5a – 5d.

Article 38g. 1. The licence to conduct activities referred to in Article 4, Section 1,

Item 2 shall only be granted to organizational entity which:

1) complies with the requirements of nuclear safety, radiological protection,

physical protection and nuclear material safeguards;

2) has sufficient funding to:

a) cover the costs of nuclear safety, radiological protection, physical

protection and nuclear material safeguards at subsequent stages of the

nuclear facility operation, until the facility is decommissioned;

b) finish the construction, if a licence is granted to build the nuclear

facility;

3) employs personnel suitably qualified to execute activities stated in the

application.

2. In order to confirm that the required funding referred to in Section 1, Item 2,

Letter a is available, the following documents shall be enclosed to the application:

1) documents confirming the availability of funding, and in particular, bank

account statement, bank guarantee or insurance guarantee;

2) financial report featuring estimated costs and expenditure which need to be

incurred.

3. In order to confirm that the required funding referred to in Section 1, Item 2,

Letter b is available, the following documents shall be enclosed to the application:

1) documents confirming the availability or possibility of obtaining funding,

referred to in Section 1, Item 2, Letter b including the financial plan;

2) financial report featuring estimated costs and expenditure which need to

be incurred.

Article 39. 1. The Agency’s President shall review the application for a licence to

conduct activities involving exposure and consisting in construction, commissioning,

operation or decommissioning of a nuclear power plant after a fee is paid by the

applying entity.


69

2. The fee referred to in Section 1 shall be as follows in exchange for applications to

grant a licence to conduct activities involving exposure and consisting in:

1) nuclear power plant construction – PLN 5,000,000;

2) nuclear power plant commissioning – PLN 1,900,000;

3) nuclear power plant operation – PLN 1,900,000;

4) nuclear power plant decommissioning – PLN 2,000,000;

3. The payment referred to in Section 1 shall be classified as budget revenue and

shall be remitted to the bank account of the National Atomic Energy Agency.

Article 39a. The Agency’s President shall decide whether to grant or reject the

application for:

1) nuclear facility construction licence – within 24 months,

2) nuclear facility commissioning licence – within 9 months,

3) nuclear facility operation licence – within 6 months,

4) nuclear facility decommissioning licence – within 9 months,

– from the submission date of the application along with all required documents.

Article 39b. 1. Before applying for a licence, the investor shall apply to the Agency’s

President for a general assessment of the planned organizational and technical

solutions and draft versions of documents to be submitted along with the application

for a licence.

2. The Agency’s President shall issue the assessment referred to in Section 1 within 6

months, and in particularly complicated cases - within 9 months from the

submission date of the application.

Article 39c. The provisions of Article 31 § 4 of the Act of 14 June 1960 – Code of

Administrative Proceedings shall not apply to the licensing proceedings.

Article 39d. 1. Having received an application for a licence to conduct activities

involving exposure and consisting in the construction of a nuclear facility, the

Agency’s President shall immediately publish the application with an abbreviated

safety report in the Public Information Bulletin, in the section dedicated, along with:


70

1) information on the initiation of proceedings in response to the application

for a licence to build a nuclear facility;

2) information on the right to make submissions or observations;

3) information on how and where to make submissions or observations within

21-day deadline;

4) information on how and where the administrative proceedings take place as

referred to in Section 3.

2. The submissions or observations referred to in Section 1, Item 2 can be submitted:

1) in writing;

2) orally, stated for the record;

3) by e-mail, excluding the obligation to insert a safe e-signature as referred to

in the Act of 18 September 2001 on e-signature (Journal of Laws No. 130,

item 1450, with later amendments)

3. The proceedings referred to in Article 89 of the Code of Administrative

Proceedings Act of 14 June 1960 shall be open to public.

4. In justification of the Agency’s President decision, the Agency’s President shall

state that proceedings have been open to public, and shall specify the extent to which

specific submissions or observations referred to in Section 1, Item 2 have been

considered.

5. The information referred to in Section 1 shall be published by the Agency’s

President in press available in the municipality within whose boundaries the site

referred to in the application is located, and in the neighbouring municipalities.

Article 39e. 1. In the course of application review proceedings, the Agency’s

President can:

1) inspect the site where the activities referred to in the relevant application are

being or are planned to be conducted;

2) request for the assistance of:

a) expert laboratories and organizations authorized by the Agency’s

President – for nuclear power plants;

b) experts, specialists, and laboratories – for other nuclear facilities;


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3) request for studies and analyses to confirm compliance with nuclear safety

and radiological protection conditions.

2. The costs of reasonable operations conducted by laboratories, experts and

specialists referred to in Section 1, Item 2 in the course of application review

proceedings, as well as studies and analyses referred to in Section 1, Item 3 shall be

borne by the applying entity.

3. The provisions of Sections 1 and 2 shall apply to preliminary assessments of the

planned nuclear facility location as referred to in Article 36a, and general

assessments of the planned organizational and technical solutions to be applied in

the operation of future nuclear facilities as referred to in Article 39b.

Article 39f. 1. Before granting any licence, the Agency's President shall apply to the

Council for Nuclear Safety and Radiological Protection to state its opinion on the

proposals set forth in the application, and shall submit to it the relevant application

along with all documents enclosed thereto.


report referred to Section 1 within two months from the submission date of the

application.

3. Within one month from receiving the requested opinion of the Council for

Nuclear Safety and Radiological Protection, the Agency’s President shall provide

the applying entity with a draft version of the licence.

4. The applying entity shall be authorized to submit reservations to the draft version

of the licence within one month from receiving it.

Article 39g. The licence shall specify the conditions of activities covered by the

licence, and in particular:

1) design requirements;

2) safety-related obligations of the organizational entity with reference to the

nuclear facility, installations, personnel, general public and environment,

including the protection measures against radiation,

3) maintenance of the nuclear facility;

4) renovation of the nuclear facility;

5) emergency planning and emergency procedures;


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6) nuclear facility management;

7) operating limits and conditions;

8) personnel authorizations;

9) operating emergencies and emergency conditions which are required to be

reported to nuclear regulatory bodies;

10) works and activities that need to be supervised by nuclear regulatory

inspector.

Article 39h. 1. If it is considered necessary from the viewpoint of nuclear safety,

radiological protection, physical protection and nuclear material safeguards –

especially based on the conclusions from the periodical assessment reports, the

Agency’s President shall be authorized to amend the conditions of activities covered

by the licence.

2. The provisions of Articles 39e and 39f shall apply mutatis mutandis.

Article 39i. 1. Before applying for a licence to build a nuclear facility, the applying

entity is required to obtain:

1) decision on environmental impact of the investment, on conditions stated in

the Act of 3 October 2008 on Access to Information on the Environment and

Its Protection, the Participation of General Public in Environmental

Protection and on Environmental Impact Assessments (Journal of Laws No.

199 Item 1227, with later amendments);

2) opinion of the European Commission issued pursuant to Article 37 Euratom

Treaty.

2. Before any licence referred to in Section 1, Item 1 is granted, the deciding

authority shall apply to the Agency’s President for opinion, and shall submit the

draft version of the decision and the application along with all documents enclosed

thereto.

Article 39j. Before applying for a licence to commission a nuclear facility, the

applying entity is required to obtain an opinion of the European Commission issued

pursuant to Article 37 Euratom Treaty.


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Article 39k. A licence to build or decommission a nuclear facility is a prerequisite of

permit for the construction, operation and deconstruction of the facility, which is

issued on terms and conditions specified in the Construction Law Act of 7 July 1994

(Journal of Laws of 2010, No. 243, Item 1623 and of 2011, No 32, Item 159, No 45,

Item 235 and No 94, Item 551).

Chapter 4a

Public communication pertinent to nuclear power facilities

Article 39l. The following expressions shall have the meanings set out below whenever

referred to in this Chapter:

1) nuclear power facilities – shall mean nuclear power plant or working for

nuclear energy production:

a) isotopic enrichment facility,

b) nuclear fuel production facility,

c) spent nuclear fuel reprocessing facility,

d) spent nuclear fuel storage facility,

e) any radioactive waste storage facility which is a nuclear facility within the

meaning of Article 3 Item 17;

2) local community – the inhabitants of

a) municipality or municipalities on whose territory a nuclear power

engineering investment is or will be located;

b) municipalities whose administrative boundaries are within less than 15 km

distance from the area where an investment is or will be located as referred

to in the Letter a)

Article 39m. 1. Investor in a nuclear power facility shall open a Local Information

Centre, hereinafter referred to as the "Local Centre", no later than on the day when

the application for construction permit as referred to in the Article 4, Section 1, Item 2.

2. The Local Centre shall be operated by the investor in a nuclear power facility, and

subsequently, the head of organizational entity conducting activities involving exposure

and consisting in construction, commissioning, operation or decommissioning of a

nuclear power facility until its decommissioning process is completed.


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3. The Local Centre shall be implementing the following tasks, in particular:

1) collecting and providing updated information on the operation of the nuclear

power facility;

2) collecting and providing updated information on the status of nuclear safety

and radiological protection in the area surrounding the nuclear power facility;

3) cooperation with administrative bodies, public sector entities, and other entities

in conducting activities related to public communication, education,

popularization and distribution of scientific, technical and legal information

concerning nuclear power engineering, nuclear safety and radiological

protection of nuclear power facilities.

4. The information referred to in Section 3, Items 1 and 2 shall be published by the

Local Centre on its website and in a local information bulletin issued by the Local

Centre.

5. A single Local Centre can be established for more than one nuclear power facility,

provided that the facilities are located in direct vicinity.

Article 39n. 1. A local community can establish a Local Information Committee,

hereinafter referred to the “Committee”.

2. The Committee shall be composed of:

1) representatives of municipalities appointed by the heads of local municipal

authorities, one per each municipality within whose are the nuclear power

facility is located,

2) members of the local community who meet the following criteria:

a) above 18 year olds;

b) enjoying full legal capacity;

c) applied for membership in the Committee at the municipal office referred

to in Item 1.

3. The Committee can be also advised by independent experts appointed by the

Committee.

4. The Committee shall:

1) provide community supervision over the investment implementation, i.e.

the construction of nuclear power facility, and the activities involving


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exposure consisting in the construction, commissioning, operation or

decommissioning of this facility;

2) inform the local community on the activities of the nuclear power

facilities;

3) represent the local community in relations with the authorities of the

organizational entity responsible for the investment, i.e. in matters related

to the construction of nuclear power facility, and the activities involving

exposure and consisting in construction, commissioning, operation or

decommissioning of the facility.

5. In order to be able to properly implement its tasks, the Committee shall be authorized

to, in particular:

1) appoint from among its members up to five individuals authorized to enter

the area or premises of the nuclear power facility in order to implement the

tasks listed in Section 4, Item 1;

2) request information or documents concerning the investment

implementation, i.e. concerning the construction and operation of the

nuclear power facility, except for documents which contain information

listed in Article 35a, Section 6.

6. The authorization to enter the area and premises referred to in Section 5, Item 1

shall not apply whenever access cannot be granted for reasons of nuclear safety or

physical protection.

7. The right to enter areas and premises under Section 5, Item 1 shall take place only in

the presence of an appointed employee of the organizational entity.

8. The Committee shall be provided administrative, organizational and financial

assistance from the municipality within whose boundaries the nuclear power facilities

are located. Whenever nuclear power facilities are located within the boundaries of

more than one municipality, the Committee shall be provided administrative,

organizational and financial assistance from the municipality within whose boundaries

the major part of the nuclear power facilities are located.

9. The minister competent for economic matters shall establish by regulation detailed

rules and conditions for the establishment and operation of committees and for the

cooperation between the committees and the investors in nuclear power facilities or the

heads of organizational entities conducting exposure-related activities, bearing in mind

the necessity to provide the local communities with necessary information on the

impact of the nuclear power facilities on human health and natural environment.


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Article 39o. A Municipal Information Point can be established by municipality within

whose boundaries nuclear power facilities are planned or constructed or where any

activities involving exposure are conducted consisting in the construction,

commissioning, operation or decommissioning of such facilities, within the framework

of municipal informational, educational and promotional strategy for nuclear power

engineering.

Chapter 5

Nuclear materials and technologies

Article 40. 1. For the purpose of this Chapter, the terms used shall have the following

meaning:

1) Nuclear documentation:

a) documents related to the origin, status or movement of nuclear materials,

b) declarations, notifications and reports submitted to the European

Commission, concerning nuclear materials and installations in which nuclear

materials have been, are, or will be, used, processed, stored or transported,

c) documents concerning the performance of installations referred to in Letter

b,

d) design and operational documentation containing basic technical

characteristics of the facility, indicated in European Union’s regulations on

the nuclear material safeguards,

e) declarations and action plans concerning the use of nuclear materials,

f) assessments, recommendations, orders and decisions of the European

Commission concerning the issues of nuclear material safeguards,

1a) declaration for the facility site - a general description of each building on the site,

including its use and content and including a map of the site, which the Republic

of Poland shall submit to the International Atomic Energy Agency (IAEA) under

Article 2, Letter a, Item (iii) of the Additional Protocol;

2) Nuclear materials accountancy – recording, in compliance with the requirements

for nuclear material safeguards and separately for each material balance area, on

the basis of material accounting records, the information on the inventory of


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source materials and special fissile materials, in particular on the quantity, type,

location, inventory changes and the origin and intended use of these materials;

3) Euratom – European Atomic Energy Community;

3a) Euratom inspectors - European Commission inspectors for nuclear materials

safeguards, designated to act on the territory of the Republic of Poland under

Article 81 of the Euratom Treaty;

3b) IAEA inspectors - IAEA inspectors for nuclear materials safeguards, designated

to act on the territory of the Republic of Poland under Article 85 of the

Agreement;

4) control of nuclear technologies – measures undertaken to ascertain whether the

research and development activities as defined in Article 18, Letter a of the

Additional Protocol, manufacturing activities referred to in Annex I to the

Additional Protocol, and the equipment, parts of equipment and materials referred

to in Annex II to the Additional Protocol, and also imported or exported nuclear

technologies, involve the applications in which nuclear materials are used in a

way which does not infringe the Non-proliferation Treaty requirements;

4a) off-site location - installation or location, as defined in Article 18, Letter j of the

Additional Protocol;

4b) source materials – materials belonging to nuclear materials, as defined in Article

197, Section 3 of the Euratom Treaty;

5) Facility – facility as defined in Article 98, Section 2, Letter I of the Agreement;

6) Agreement - the Agreement between the Kingdom of Belgium, Kingdom of

Denmark, Federal Republic of Germany, Ireland, Republic of Italy, Grand Duchy

of Luxembourg, Kingdom of the Netherlands, European Atomic Energy

Community and the International Atomic Energy Agency on the implementation

of Article III, Sections 1 and 4 of the Treaty on the Non-Proliferation of Nuclear

Weapons, signed in Brussels on 5 April 1973;

7. Additional Protocol - Additional Protocol to the Agreement between the Republic

of Austria, Kingdom of Belgium, Kingdom of Denmark, Republic of Finland,

Federal Republic of Germany, Republic of Greece, Ireland, Republic of Italy,

Grand Duchy of Luxembourg, Kingdom of the Netherlands, Republic of

Portugal, Kingdom of Spain, Kingdom of Sweden, European Atomic Energy

Community and the International Atomic Energy Agency on the implementation

of Article III, Sections 1 and 4 of the Treaty on the Non-Proliferation of Nuclear

Weapons, signed in Vienna on 22 September 1998;


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8) material balance area – an area within a facility or elsewhere, as defined in

Article 98, Section 2, Letter M of the Agreement;

8a) special fissile materials - materials belonging to nuclear materials as defined in

Article 197, Section 1 of the Euratom Treaty;

8b) technical safeguards - control and measuring devices, instruments detecting

ionizing radiation, observation and recording equipment, equipment to signal the

facility status or operating mode, locking devices, including protective seals,

equipment for remote data transmission, also over the national borders, installed

to receive continuous information on the quantity and quality of nuclear materials

which are subject to safeguards;

9) nuclear technologies – technologies related to the nuclear fuel cycle, in particular

those:

a) designed for manufacturing, processing, isotopic enrichment or use of source

materials or special fissile materials in nuclear facilities,

b) used in the management of high- and medium-level radioactive waste, which

contains special fissile materials,

c) designed for manufacturing of the equipment or its parts necessary for

manufacturing, processing, irradiating or use of source materials, special

fissile materials, heavy water, deuterium, tritium or graphite of nuclear

purity;

10) site – the site as defined in Article 18. Letter b of the Additional Protocol;

11) Treaty – Treaty on the Non-proliferation of Nuclear Weapons, done in Moscow,

Washington and London on 1 July 1968 (Journal of Laws of 1970, No 8 Item 60);

12) nuclear material safeguards – a set of legal and organizational measures and

practical arrangements, established in the framework of the Treaty, Agreement,

Additional Protocol and Euratom Treaty and in the regulations issued under this

treaty, for the purpose of preventing the diversion of nuclear materials intended

for peaceful uses to the manufacture of nuclear weapons, other nuclear explosive

devices or for unknown purposes.

Article 41. 1. Nuclear materials, with the exception of uranium and thorium ores, shall be

subject to physical protection.

2. The head of organizational entity engaged in activities involving nuclear materials shall

establish a physical protection system, approved by the Agency’s President.


79

3. The physical protection system shall be supervised by the Agency’s President on

terms and conditions stated in Chapter 9.

Article 41a. 1. Undertaking and conduct of activities consisting in the use of nuclear

materials or nuclear technology for the development of nuclear weapons, or nuclear

explosives, shall be prohibited.

2. The Agency’s President shall co-ordinate the fulfilment of obligations of the Republic

of Poland as regards nuclear materials safeguards and nuclear technology control, shall

maintain the national system for gathering and processing data related to the fulfilment of

these obligations, and shall keep the quantitative inventory balance of source materials

and special fissile materials in the country.

3. To verify that the prohibition referred to in Section 1 is observed and the obligations

undertaken by the Republic of Poland as regards nuclear materials safeguards and nuclear

technology control are adequately met, nuclear regulatory authorities shall conduct

inspections of the following:

1) source materials and special fissile materials manufactured, processed, stored,

used or transported on the territory of the Republic Poland, which are subject to

nuclear material accountancy, with the exception of materials shipped in transit

through this territory;

2) nuclear documentation;

3) premises and equipment on the site;

4) locations with possible traces of activities involving nuclear materials or nuclear

technologies, in particular disused facilities and off-site locations;

5) locations with possible traces of mining or processing of uranium and thorium

ores;

6) locations of radioactive waste disposal which may contain special fissile

materials;

7) locations where nuclear materials are used for non-nuclear purposes;

8) locations with source materials whose composition and purity level does not

qualify them for nuclear fuel manufacturing or for isotope enrichment;

9) research and development (R&D) activities in the field of nuclear technology as

defined in Article 18, Letter a of the Additional Protocol;


80

10) manufacturing of the equipment components, equipment and materials referred to

in Annex No I to the Additional Protocol;

11) import and export of equipment, equipment components and materials referred to

in Annex No II to the Additional Protocol.

4. In connection with conducted inspection, nuclear regulatory authorities shall be

authorized to:

1) around-the-clock access to the materials, equipment and their components,

premises and locations referred to in Section 3;

2) scrutinize the documentation referred to in Section 3;

3) request written or oral information concerning activities involving materials,

technologies, equipment and equipment components referred to in Section 3.

5. Provisions of Section 1 shall not infringe on the provisions on foreign trade in goods,

technologies and services of strategic significance for national safety, and also for

preservation of international peace and safety.

6. The Agency’s President shall notify the minister competent for scientific matters of the

inspection of research and development activities involving nuclear technologies, in

particular as regards the long-term plans for such activities, within 14 days since the start

of the inspection.

Article. 41b. The head of organizational unit, which conducts activities involving nuclear

materials on the facility or in an off-site location:

1) shall enable nuclear regulatory authorities, Euratom inspectors and IAEA

inspectors to perform inspection of conducted activities with regard to nuclear

materials safeguards, and in particular shall provide them with access to nuclear

documentation, nuclear materials, buildings, premises and equipment of the

facility or off-site location, as well as to the technical safeguards installed or

deposited by Euratom or IAEA inspectors;

2) shall submit to the Agency’s President the copies of nuclear documentation

forwarded to and received from the European Commission within one day from

the dispatch or receipt of this documentation;

3) shall convey to the Agency’s President, upon his request, the explanations

concerning the data in nuclear documentation within the scope and by the dates

indicated in the request;


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4) shall convey to the nuclear regulatory authorities, Euratom inspectors and IAEA

inspectors the information on the operational activities referred to in Article 2,

Letter a, Item (ii) of the Additional Protocol within the scope and by the dates

indicated in the request;

5) in the event of detecting a loss of nuclear material due to an extraordinary event

or circumstances and in the event of illegal use of such material, shall promptly

notify the Agency’s President of the above, including the following information:

a) quantity and type of the nuclear material lost or illegally used,

b) material balance area in which the material was subject to accountancy,

c) causes and circumstances of the nuclear material loss or illegal use,

d) description of actions undertaken to counteract the consequences of the loss

or illegal use of nuclear material and to prevent similar events in the future;

6) shall ensure the conditions necessary for the installation of the technical

safeguards approved by Euratom inspectors and IAEA inspectors;

7) shall ensure the inviolability and integrity of physical barriers and protective seals

that prevent unauthorized access to nuclear materials, equipment, standards,

samples and technical safeguards, secured by Euratom inspectors or IAEA

inspectors by means of physical barriers or seals, and in the event of detecting the

violation of integrity of physical barriers or seals, shall promptly notify the

Agency’s President of this fact, including the following information:

a) causes and circumstances of the violation,

b) description of measures undertaken to counteract the consequences of the

violation and to prevent such violations in the future;

8) shall organize shipping of the samples taken for or by Euratom inspectors or

IAEA inspectors, as well as the receipt and dispatch of materials and equipment

needed by the inspectors to conduct the inspection;

9) shall provide Euratom inspectors and IAEA inspectors with information on

specific radiological protection requirements in force on the site or an off-site

location, shall provide them with necessary means of individual protection and

shall control the ionizing radiation doses received by the inspectors during the

inspection.


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Article 41c. The head of organizational entity which conducts activities involving nuclear

materials in an off-site location, designated by the Agency’s President in agreement with

the European Commission, shall forward to the Agency’s President, within the indicated

scope and by the set dates, the information required to develop collective reports for the

European Commission referred to in Articles 64, 67 and 68 of the Agreement.

Article 41d. 1. The head of organizational entity operating on the site:

1) shall develop a draft update of the declaration for the site and shall forward this

draft for the approval of the Agency’s President by 28 February of each year;

2) shall provide nuclear regulatory authorities, Euratom inspectors and IAEA

inspectors with access to indicated by them on-site buildings, premises and

equipment, which do not contain source materials or special fissile materials:

a) within 2 hours from presenting by IAEA inspector a written instruction to

perform an inspection during the organizational entity normal working hours

in the framework of supplementary access referred to in Article 5, Letter a,

Item (i) of the Additional Protocol, or in connection with an inspection

conducted under the Agreement,

b) by the date and time indicated in the notification of the decision to conduct

an inspection, forwarded by the Agency’s President or his authorized

representative, by facsimile, electronic mail or telephone at least 8 hours

prior to the commencement of the inspection, if the inspection conducted

within the framework of supplementary access under the Additional Protocol

is not planned for the organizational entity normal working hours or is not

planned in connection with an inspection conducted under the Agreement;

3) during the inspection referred to in Item 2, shall enable nuclear regulatory

authorities, IAEA inspectors and Euratom inspectors to conduct the actions

referred to in Article 6, Letter a of the Additional Protocol, and shall provide

them with necessary explanations relevant for conducted actions.

2. If more than one organizational entity operates on the site, then the duties referred to in

Section 1, Item 1 shall be carried out by the head of organizational entity designated by

the Agency’s President, who shall update the declaration for the site basing on the data

delivered by the heads of all organizational entities operating on the site.

3. In the situation referred to in Section 2, the head of organizational entity designated by

the Agency’s President shall inform the heads of other organizational entities operating


83

on the site, that IAEA inspector has presented a written notice of the inspection referred

to in Section 1, Item 2, Letter a.

Article 41e. The head of organizational entity conducting activities consisting of the

disposal of radioactive waste containing special fissile materials, or of the management of

such waste, shall:

1) keep the records of radioactive waste containing special fissile materials in

respect of which IAEA issued an official decision to terminate the accountancy

process, including information on the content of plutonium, uranium-233,

uranium enriched to at least 20% in uranium-233 or uranium-235 isotopes, on

their concentration, physical form, neutralization method and date of acceptance

into repository or storage facility, and on the place of disposal or storage;

2) inform the Agency’s President of planned displacement beyond the boundaries of

the repository or storage facility, or of planned processing, of the radioactive

waste containing the materials referred to in Item 1, indicating, as appropriate,

planned date of displacement or the start and termination of processing, at least

210 days prior to the start of such displacement or processing;

3) inform the Agency’s President, by 15 January of each year, of the changes in the

location of radioactive waste containing special fissile materials referred to in

Section 1, introduced in the previous calendar year,

4) provide nuclear regulatory authorities, Euratom inspectors and IAEA inspectors

with access to the organizational unit’s buildings and equipment for the purpose

of performing an inspection within the framework of supplementary access

referred to in Article 5, Letter a, Item (ii) of the Additional Protocol; shall enable

them to perform the actions referred to in Article 6, Letter b of the Additional

Protocol, and shall provide them with necessary explanations relevant for

conducted actions.

Article 41f. The head of organizational entity using nuclear materials for non-nuclear

purposes, or the head of organizational entity holding source materials whose

composition and purity level does not qualify them for use in the nuclear fuel

manufacturing or isotope enrichment, shall:

1) forward to the Agency’s President, by 31 March of each year, the information for

the period of the previous calendar year on the quantity and chemical

composition of nuclear materials, the date of arrival or acceptance and place of


84

origin, the date of their removal or transfer and destination, the way of their use

or planned use, with an indication of the date and way of their use,

2) provide nuclear regulatory authorities, Euratom inspectors and IAEA inspectors

with access to nuclear materials for the purpose of conducting an inspection

within the framework of supplementary access referred to in Article 5, Letter a,

Item (ii) of the Additional Protocol, shall enable them to perform the actions

referred to in Article 6, Letter b of the Additional Protocol, and shall provide

them with necessary explanations relevant for performed actions.

Article 41g. 1. The head of entity, which intends to conduct research and development

activities related to the nuclear fuel cycle, as defined in Article 18, Letter a of the

Additional Protocol, even when these activities are not subject to mandatory licensing or

notification referred to in Article 4, Section 1, shall provide the Agency’s President,

within 30 days prior to the planned date of commencing these activities, the information

containing the name and address of the entity planning to conduct these activities, the

subject and purpose of its activities, planned date of commencing the activities, location

and way of conducting the activities, stages of performance and planned date of

terminating the activities, and the name and address of the entity commissioning and

financing these activities.

2. The head of entity, which conducts research and development activities related to the

nuclear fuel cycle, as defined in Article 18, Letter a of the Additional Protocol, shall

provide the Agency’s President, by 31 March of each year, with the information on its

activities in the previous calendar year, including the name and address of the entity

conducting these activities, the subject and purpose of its activities, the date of

commencing activities, location and way of conducting the activities, stages of

performance and planned date of terminating the activities, and the name and address of

the entity commissioning and financing these activities.

3. The head of entity referred to in Sections 1 or 2 shall provide nuclear regulatory

authorities and IAEA inspectors with access to locations where the activities are, or will

be, conducted, for the purpose of performing an inspection within the framework of

supplementary access referred to in Article 5, Letter b of the Additional Protocol, shall

enable them to perform the actions referred to in Article 6, Letter c of the Additional

Protocol, and shall provide them with necessary explanations relevant to performed

actions.


85

Article 41h. 1. The head of entity, which conducts activities, which involve

manufacturing of equipment, equipment components and materials related to nuclear

technologies, referred to in Annex no I to the Additional Protocol, shall provide the

Agency’s President, by 31 March of each year, with the information on the activities

conducted in the previous calendar year, including the following:

1) name and address of the entity conducting the activities,

2) type of manufactured or assembled equipment, equipment components and

materials, and their quantities;

3) information on the shipment of equipment, equipment components and materials

referred to in Item 2, to another location within the territory of the Republic of

Poland or beyond this territory, providing the name and address of the recipient

and date of shipment.

2. The head of entity referred to in Section 1 shall provide nuclear regulatory authorities

and IAEA inspectors with access to buildings in which the equipment, equipment

components and materials referred to in Annex no I to the Additional Protocol are

manufactured or stored, for the purpose of conducting an inspection within the framework

of supplementary access referred to in Article 5, Letter b of the Additional Protocol, shall

enable them to perform the actions referred to in Article 6, Letter c of the Additional

Protocol, and shall provide them with necessary explanations relevant to performed

actions.

Article 41i. 1. The head of entity, which imports onto the territory of the Republic of

Poland or exports from that territory the equipment, equipment components or materials

referred to in Annex no II to the Additional Protocol, shall provide the Agency’s

President, within 30 days after the end of the quarter in which the import or export took

place, with the following information:

1) their type, means of identification and quantity,

2) name and address of the recipient, date of import or export, and the purpose of

the equipment, equipment components and materials as declared by the recipient.

2. The head of entity, which imports onto the territory of the Republic of Poland

equipment, equipment components or materials referred to in Annex no II to the

Additional Protocol, shall provide nuclear regulatory authorities and IAEA inspectors

with access to the imported equipment, equipment components or materials referred to in

Annex no II to the Additional Protocol, for the purpose of performing an inspection

within the framework of supplementary access referred to in Article 5, Letter b of the


86

Additional Protocol, shall enable them to perform the actions referred to in Article 6,

Letter c of the Additional Protocol, and shall provide them with necessary explanations

relevant to performed actions.

Article 41j. The head of entity, which is the end-recipient of the equipment, equipment

components or materials referred to in Annex no II to the Additional Protocol, imported

onto the territory of the Republic of Poland, shall provide nuclear regulatory authorities

and IAEA inspectors with access to them for the purpose of conducting an inspection

within the framework of supplementary access referred to in Article 5, Letter b of the

Additional Protocol, shall enable them to perform the actions referred to in Article 6,

Letter c of the Additional Protocol, and shall provide them with the necessary

explanations relevant to performed actions.

Article 41k. 1. A user of off-site land or buildings, including the disused facilities or off-

site locations, shall provide regulatory inspectors and IAEA inspectors with access to

these facilities and locations for the purpose of conducting an inspection within the

framework of supplementary access referred to in Article 5, Letter a, Item (iii) and Article

5, Letter c of the Additional Protocol, shall enable them to perform the actions referred to

in Article 6, Letter a and Letter d of the Additional Protocol, and shall provide them with

necessary explanations relevant to performed actions.

2. Euratom inspectors may be present at the inspection referred to in Section 1, with the

approval of the Agency’s President stated in the inspection notice.

Article 41l. In the event of an inspection to be conducted within the framework of

supplementary access under the Additional Protocol, the head of entity referred to in

Article 41e, the head of entity referred to in Articles 41f - 41j, and the user of land or

buildings referred to in Article 41k, Section 1, shall provide the nuclear regulatory

authorities, IAEA inspectors and Euratom inspectors, as appropriate, with access to these

premises by the date indicated in the planned inspection notice, forwarded by the

Agency’s President or his authorized representative by facsimile, electronic mail or

telephone at least 8 hours prior to the commencement of the inspection.

Article 41m. 1. Nuclear facilities shall be physically protected under the supervision

of the Agency's President and the Internal Security Agency.


87


consisting in construction, commissioning, operation or decommissioning of nuclear

facilities shall develop and implement a physical protection system.

3. The Agency’s President shall approve the physical protection system after

receiving a favourable opinion from the Internal Security Agency.

4. The Agency’s President shall exercise the supervision referred to in Section 1 on

conditions defined in Chapter 9.

5. In exercising its supervisory powers referred to in Section 1, the Internal Security

Agency shall be authorized to:

1) around-the-clock and unlimited access to facilities and premises of the

supervised nuclear facility;

2) scrutinize physical protection system records of the supervised nuclear

facility;

3) request access to IT networks and systems used in the physical protection

system of the supervised nuclear facility;

4) inspect the area, facilities, premises and installations of the supervised

nuclear facility;

5) request oral and written clarifications from the head and personnel of the

supervised nuclear facility, concerning any acts of terror, diversion, sabotage

and theft and attempted or actual entry of unauthorized persons to the area

of the supervised nuclear facility;

6) use the assistance of experts and specialists;

7) issue written orders to eliminate non-compliances, where applicable.

Article 42. The Council of Ministers shall establish by regulation the types of

organizational and technical arrangements in the area of physical protection, nuclear

materials subject to physical protection with their categorization and the procedure for

conducting the inspection referred to in Article 41, Section 3, taking into account the

necessity to ensure appropriate physical protection level for various nuclear material

categories and the assessment of the physical protection system’s effectiveness.

Article 42a. 1. Buildings and installations not included in a nuclear facility, whose

failure or malfunctioning could significantly impact nuclear safety and radiological


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protection shall be subject to physical protection, as provided in the provisions of

the Act of 22 August 1997 on the Protection of People and Property (Journal of

Laws of 2005 No. 145, Item 1221, with later amendments).

2. The Council of Ministers shall establish by regulation additional requirements for

the protection of buildings and installations not included in a nuclear facility, whose

failure or malfunctioning could significantly impact nuclear safety and radiological

protection, taking into account the necessity to provide the required safety of such

buildings and installations.

Chapter 6

Ionizing radiation sources

Article 43. 1. Ionizing radiation sources shall be subject to control and radioactive

sources shall be also subject to registration.

2. Responsibility for control of ionizing sources and for maintaining the registers of

radioactive sources status and movements shall be borne the head of organizational entity

engaged in activities involving such sources.

3. The head of the organizational entity engaged in activities involving radioactive

sources shall be responsible for securing them against damage, theft or unauthorized

interception.

4. The Council of Ministers may establish by regulation the methods of protecting high

activity sources against damage, theft or unauthorized interception, taking into account

the necessity to prevent the occurrence of a radiation emergency related to such source.

Article 43a. 1. The head of organizational entity manufacturing high activity sources

shall:

1) assign a unique identification number to each of the sources, and if possible –

permanently engrave or stamp this number on the source casing and on its

container;

2) if the identification number cannot be engraved or stamped on the source

container or casing, and in case of multiple-use transportation containers – put

on the container the information on the type of source;


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3) mark the source container and, if possible, also the source casing, with the

ionizing radiation symbol, standard form of which is established in Annex No 3

to the Act;

4) provide the source with a document containing the identification number of the

source, indicating that the source has been marked in the way described in Items

1-3 and confirming the legibility of that marking;

5) together with the source provide the organizational entity receiving the source

with the photographs of the source and the container of the same type.

2. The head of organizational entity, which supplies or makes available to another

organizational entity a high activity source imported from the outside of the European

Union territory, shall ensure that the supplied source is provided with a unique

identification number assigned by the manufacturer and that the source container and the

source are marked in the way described in Section 1, Items 1-3 and that the source is

accompanied by the document referred to in Section 1, Item 4.

Article 43b. 1. The head of organizational entity, which conducts operations involving a

high activity source, shall:

1) ensure that the source is accompanied by the document, which specifies the

identification number, indicates that the source has been marked in the way

described in Article 43a, Section 1, Items 1-3, and confirms the legibility of that

marking,

2) prior to transferring the source to another organizational entity - verify that this

entity holds a licence issued by the Agency’s President for activities involving

this source;

3) promptly notify the Agency’s President of the theft or loss of the source, as well

as of its use by an unauthorized individual;

4) after terminating the operations involving the source, promptly transfer the source

to:

a) organizational entity that holds a licence to conduct activities involving such

source, or

b) state-owned public utility referred to in Article 114, Section 1, or

c) organizational entity which supplied the source or made it available.


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2. The document referred to in Section 1, Item 1 shall be accompanied by the photographs

referred to in Article 43a, Section 1, Item 5, and - as appropriate - a photograph of

standard transportation packaging, device or equipment of the type in which the source is

contained.

3. Provisions of Section 1 shall not apply to activities consisting in the disposal and

storage of a high activity source by the state-owned public utility referred to in Article

114, Section 1, and to activities consisting in the transport of such source.

Article 43c. 1. The Agency’s President shall keep the register of high activity sources

involved in conducted activities, and of other sealed radioactive sources used and stored

in organizational entities which conduct licensed activities consisting in the use or storage

of sealed radioactive sources or equipment containing such sources.

2. The register referred to in Section 1 shall specify:

1) organizational entity conducting activities involving the source;

2) source type;

3) radioactive isotope contained in the source;

4) source activity at the moment when source was manufactured, and if this is

unknown - at the moment when the source was introduced for sale or was

acquired by an organizational entity, which conducts activities involving this

source;

5) for high activity sources - also the source identification number, if available.

3. Heads of organizational entities, which conduct operations involving high activity

sources, and heads of organizational entities, which conduct licensed activities consisting

in the use or storage of sealed radioactive sources or equipment containing such sources,

shall forward to the Agency’s President the copies of registration documents for

radioactive sources, including high activity sources.

4. Copies of registration documents for radioactive sources referred to in Section 3, shall

constitute a basis for making entries in the register referred to in Section 1.

Article 43d. 1. The head of organizational entity, whose workers may come into contact

with orphan sources during their work, in particular the head of organizational entity,

which stores, sells or processes scrap metal, shall provide such workers with the training

that includes:


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1) information on the possibility of contact with such source;

2) visual detection of orphan sources and their containers;

3) basic information on ionizing radiation and its consequences;

4) information on actions which should be undertaken in the event of detection or

suspected detection of an orphan source.

2. The Commander-in-Chief of the Border Guard, the Head of the Customs Service and

the Commander-in-Chief of the National Fire Service shall provide the training referred

to in Section 1 to Border Guard, Customs Service and Fire Service officers who may

come into contact with orphan sources in connection with their duties.

Article 44. 1. Equipment that contains radioactive sources or generates ionizing radiation,

prior to its introduction into service, shall be subject to control from the radiological

protection viewpoint. This control shall not cover the equipment that may be used in the

activities, which do not require a licence.

2. Equipment containing radioactive sources shall be controlled by an organizational

entity, which possesses a licence for the installation or trade in such devices. Equipment

generating ionizing radiation shall be controlled by an organizational entity, which

possesses a licence for its commissioning.

Article 45. To prevent the uncontrolled exposure of workers and members of the public,

related to the work involving the ionizing radiation sources, the Council of Ministers shall

establish by regulation detailed conditions for safe work involving ionizing radiation

sources, taking into account:

1) technical requirements and radiological protection requirements for laboratories

that apply radioactive sources or equipment containing such sources,

requirements for equipment that generates ionizing radiation and laboratories

using such equipment, with the exception of X-ray devices for medical

diagnostics, interventional radiology, surface radiotherapy and radiotherapy of

non-cancerous diseases, and laboratories using such devices, including, in

particular, standard forms of signs for marking entrances to the laboratory,

standard form of signs for marking the locations of radioactive sources storage,

and the classification of isotope laboratories with unsealed radioactive sources

into categories, including the criteria for such classification;


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2) requirements for the work involving radioactive sources, equipment containing

such sources and equipment generating ionizing radiation outside of the

laboratories referred to in Section 1;

3) method of performing control and keeping register referred to in Article 43,

Section 1, the frequency of such control and the way of documenting control

results, including standard forms for registration cards for the register of

radioactive sources, the period of preserving such cards and other registration

documents, registration documents whose copies constitute a formal basis for

making register entries referred to in Article 43c, Section 1, the frequency with

which they are forwarded and the period during which these copies are preserved

by the Agency’s President.

Article 46. The minister competent for health matters shall establish by regulation

detailed conditions for safe work involving radiological equipment, taking into account:

1) additional technological requirements for such equipment and for the laboratories

using such equipment, not established in the regulations issued under Article 45,

2) rules and procedures for the supervision in the field of the radiological protection

of the patient.

Chapter 7

Radioactive waste and spent nuclear fuel

Article 47. 1. Radioactive waste, with respect to its activity level or surface dose rate,

shall be classified into the following categories: low, medium and high-level radioactive

waste. These categories may be further subdivided into sub-categories with respect to the

half-lives of radioactive isotopes contained in the waste or to the thermal power of the

waste.

2. Disused (spent) sealed radioactive sources shall constitute an additional radioactive

waste category.

3. Spent sealed radioactive sources, according to the level of their activity, shall be

classified into the following sub-categories of spent sealed radioactive sources: low,

medium and high activity, which shall be further subdivided according to the half-lives of

contained radioactive isotopes into short-lived and long-lived sub-categories.


93

Article 48. 1. Radioactive waste classification shall be performed by the head of

organizational entity on whose site the waste is present, and upon the receipt of waste -

by the head of organizational entity receiving the waste.

2. Radioactive waste classification may be performed by the Agency’s President in case

of:

1) discrepancy in waste classification performed by the head of the organizational

entity on whose site the waste is present, and the classification performed by the

head of the organizational entity receiving the waste;

2) detection of irregularities in waste classification referred to in Section 1.

Article 49. 1. The head of the organizational entity, on whose site the radioactive waste

or spent nuclear fuel is present, shall be responsible for keeping inventory registers.

Inventory registers shall be kept for each type of activities involving radioactive waste

management or spent nuclear fuel management.

2. Radioactive waste containing nuclear materials and spent nuclear fuel shall be subject

to physical protection.

Article 50. Radioactive waste and spent nuclear fuel shall be stored in conditions

allowing their segregation and in a manner ensuring protection of humans and

environment.


1) method for radioactive waste classification into categories and sub-categories,

taking into account the criteria referred to in Article 47, Sections 1 and 3;

2) procedures for maintaining inventory registers and for the control of radioactive

waste, and a standard inventory form, taking into account the procedures for

maintaining common inventory registers for various activities involved in

radioactive waste management, and the types of control activities,

3) conditions for storage of radioactive waste or spent nuclear fuel and the

requirements for the facilities, premises and packaging designed for the storage of

radioactive waste belonging to various categories, taking into account the state of

aggregation and other physicochemical properties of the waste, as well as the

requirements for storage facilities for spent nuclear fuel.


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Article 52. 1. Liquid or gaseous radioactive waste generated as a result of activities

referred to in Article 4, Section 1, may be discharged into the environment provided that

its radioactive concentration in the environment may be disregarded from the radiological

protection point of view. The method for waste discharge and its permissible activity

shall be specified in the licence.

2. Radioactive waste that has been processed or which does not require processing, and

spent nuclear fuel that will not be reprocessed, shall be disposed of in repositories.

3. Spent nuclear fuel intended for disposal shall be handled as high-level radioactive

waste.

4. Radioactive waste shall be disposed of exclusively in solid form and packaged in a

manner which ensures safety of humans and environment from the radiological protection

viewpoint, ensuring heat removal and prevention of critical mass formation, and under

continuous control of these factors during the disposal and also after the repository

closure.

Article 53. 1. Radioactive waste repositories shall be divided into near-surface and deep

repositories.

1a. The applicable provisions of Chapter IIIa of the Act of 4 February 1994 –

Geological and Mining Law (Journal of Laws of 2005 No. 228, Item 1947, with later

amendments) shall apply to the construction and operation of underground

radioactive waste repositories.

2. By the decision of the Agency’s President, a radioactive waste repository may be

recognized as the National Radioactive Waste Repository.

Article 54. The authority which under the act referred to in Article 36 is competent to

issue the decisions on the conditions for construction and development of the site

intended for construction of a repository, shall issue such decision after obtaining a

positive opinion from the Agency’s President from the viewpoint of nuclear safety,

radiological protection and physical protection.



95

1) categories and sub-categories of radioactive waste which may be disposed of in

specified types of repositories, taking into account the state of aggregation and

physicochemical properties of the waste intended for disposal,

2) detailed requirements for various types of repositories, concerning siting,

construction, operation and closure, taking into account natural phenomena,

geological conditions and systems of control,

3) conditions to be fulfilled by a repository in order to be recognized as the National

Radioactive Waste Repository, taking into account the repository types,

categories of radioactive waste and the time during which the waste may be

admitted into the repository,

4) detailed requirements for radioactive waste preparation for disposal, including the

types of packaging in which the waste is placed for disposal.

Article 55a. 1. Before the site for a radioactive waste repository is chosen, the

investor shall perform on-site studies and measurements to evaluate the location in

terms of its suitability. This on-site assessment shall address localization

requirements referred to in regulations issued under Article 55, Item 2;

2. Based on the study results, the investor shall draw up a location assessment report

referring to the planned radioactive waste repository, which shall be forwarded to

the Agency’s President. The location assessment report shall be reviewed by the

Agency’s President while reviewing the application for a licence to establish a

radioactive waste repository.

3. Before applying for a licence to establish a radioactive waste repository, the

investor shall apply to the Agency’s President for a preliminary assessment of the

planned radioactive waste repository location.

4. The application referred to in Section 3 shall include:

1) name, registered office and address of the investor;

2) National Court Register number of the investor;

3) type of radioactive waste repository;

4) boundaries of the location for a radioactive waste repository.

5. The location report shall be enclosed to the application.


96

6. The Agency’s President shall prepare the assessment referred to in Section 3

within 3 months from the submission date of the application for a radioactive waste

repository licence.

Article 56. 1. Activities involving the management of radioactive waste and spent nuclear

fuel shall be conducted by the public utility referred to in Chapter 14.

2. Activities referred to in Section 1, with the exception of radioactive waste and spent

nuclear fuel disposal and transport to the repository, may be conducted by some other

organizational entity, provided that this organizational entity shall fulfil the requirements

for nuclear safety and radiological protection and shall obtain appropriate licence. In

particular, the organizational entity, in which the radioactive waste or spent nuclear fuel

have been generated, may process and store them for the time specified in the licence.

Article 57. 1. Community (“gmina”), on whose territory the National Radioactive Waste

Repository is sited, shall be eligible for an annual payment from the national budget:

1) from the date on which the first shipment of waste is accepted for disposal until

the date on which the decision to close the repository is made – in the amount of

400% of the previous year’s income from local real estate tax, but not

exceeding 8 550 thousand PLN,

2) after the decision to close the repository has been taken – in the amount of 50%

of the income from local real estate tax in the year of the repository closure, for

the period corresponding to the duration of the repository operation.

2. The payment referred to in Section 1 shall be transferred from the national budget to

the community in equal quarterly instalments, not later than 14 days after the end of the

last month of a given quarter.

3. Community shall not be entitled to such quarterly instalment if, due to the decisions of

appropriate authorities of the community or county (“powiat”) where the community is

located, during any period of the given quarter the admission of radioactive waste

shipments into the repository has not been possible.

Chapter 8

Transport of nuclear materials, ionizing radiation sources, and radioactive waste

and spent nuclear fuel


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Article 58. Nuclear materials shall be prepared for transport and transported in a manner

which prevents the occurrence of a self-sustaining chain nuclear fission reaction and

which complies with the principles of physical protection.

Article 59. During the preparation for transport and during the transport of nuclear

materials, ionizing radiation sources, radioactive waste and spent nuclear fuel, the risks

that may result from their physical and chemical properties should be taken into account,

and the conditions and requirements imposed on hazardous materials transport,

established in other regulations, should be fulfilled.

Article 60. Exposure of individuals participating in the transport, including those

engaged in loading and unloading of shipped nuclear materials, ionizing radiation

sources, radioactive waste and spent nuclear fuel, shall be subject to control, and the

doses received by these individuals shall not exceed the dose limits for occupationally

exposed workers, established in the regulations issued under Article 25, Section 1.

Article 61. Conditions and requirements for the on-site transport, within the sites of

organizational entities engaged in manufacturing, processing, use, storage and disposal of

nuclear materials, ionizing radiation sources with the exception of the equipment

generating ionizing radiation, and also radioactive waste and spent nuclear fuel, shall be

established by the Agency’s President in the licence.

Article 61a. 1. The head of the organizational entity conducting the activities which

require a licence, consisting in the transport of nuclear materials, radioactive sources,

radioactive waste or spent nuclear fuel, shall submit to the Agency’s President annual

report on the carried-out transports of nuclear materials, radioactive sources, radioactive

waste or spent nuclear fuel. The requirements concerning such reports shall be established

by the Agency’s President in the licence.

2. Provisions of Section 1 shall not apply to the on-site transport, referred to in Article 61.

Article 62. 1. Import into the Republic of Poland’s territory and export from the territory

of the Republic of Poland of nuclear materials, radioactive sources and equipment

containing such sources, and import and export of radioactive waste and spent nuclear

fuel shall require a licence or a notification concerning the conduct of activities referred


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to in Article 4 Section 1 and in the scope of this licence or notification, subject to Section

2.

1a. (repealed)

2. Import into the Republic of Poland’s territory, export from the territory of the Republic

of Poland, and transit through this territory, of radioactive waste referred to in Article

62b, Item 2, and of spent nuclear fuel shall additionally require the licence or permit

referred to in Chapter 8a.

3. (repealed)


1) terms on which nuclear materials, radioactive sources and equipment containing

such sources are imported onto the territory of the Republic of Poland, exported

from the territory of the Republic of Poland and transited through that territory,

the dates and the way of notifying the Agency’s President of such imports and

exports, and also the content of such notice and the standard form of the

declaration of shipment of a sealed radioactive source from, or to, a country

which is not European Union Member State, with the aim to ensure the protection

of workers and members of the public against ionizing radiation;

2) (repealed)

3) (repealed)

Article 62a. The minister competent for home affairs may establish by regulation the list

of border crossings through which nuclear materials, radioactive sources, equipment

containing such sources, radioactive waste and spent nuclear fuel can be imported into the

territory of the Republic of Poland and exported from that territory, to ensure the control

of compliance of the reported shipment with its actual content and to ensure the

protection of workers and members of the public against ionizing radiation.

Chapter 8a.

Import into the territory of the Republic of Poland, export from the territory of

the Republic of Poland, and transit through this territory, of radioactive waste

and spent nuclear fuel

Article 62b. For the purposes of this Chapter, the terms used shall have the following

meaning:


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1) consignee – organizational entity to which the radioactive waste or spent nuclear

fuel is shipped;

2) radioactive waste – solid, liquid or gaseous materials containing radioactive

substances or contaminated by such substances, further use of which is pointless

or impossible, and in which total activity and radioactive concentration exceed

the values of threshold total activity levels P1 and radioactive concentrations for

radioactive isotopes established in annex no 2 to this Act, including disused

sealed radioactive sources, with the exception of:

a) disused sealed radioactive sources shipped to the supplier, manufacturer or

facility designed for storage or disposal of sealed radioactive sources,

b) waste containing only natural radioactive substances, whose presence is not

due to human activity;

3) member state – European Union Member State;

4) country of origin – country from which a shipment of radioactive waste or spent

nuclear fuel is planned or executed;

5) country of destination - country to which a shipment of radioactive waste or spent

nuclear fuel is planned or executed;

6) country of transit - country through which a shipment of radioactive waste or

spent nuclear fuel is planned or executed, other than country of origin and

country of destination;

7) third country – country which is not a member state;

8) the first member state – member state whose customs authority, in case of the

transit of radioactive waste or spent nuclear fuel through the Community customs

area, is competent to decide on the introduction of radioactive waste or spent

nuclear fuel into the Community customs area, or to deny such introduction;

9) holder – organizational entity, which prior to the shipment of radioactive waste or

spent nuclear fuel is legally responsible for these materials and plans for their

shipment to the consignee;

10) shipment – all activities related to the transport of nuclear materials or spent

nuclear fuel, from the country of origin to the country of destination;

11) transit – transport of radioactive waste or spent nuclear fuel from the country of

origin to the country of destination, through the territory of a country other than

the country of origin and country of destination;


100

12) competent authority – authority which under the regulations of the country of

origin or country of destination is authorized to use the system of supervision and

control over the shipments of radioactive waste and spent nuclear fuel; in the

Republic of Poland – the Agency’s President;

13) licence – licence referred to in Article 62c, Section 1;

14) permit – permit referred to in Article 62d, Section 1.

Article 62c. 1. Licence granted by the Agency’s President shall be required for:

1) export from the territory of the Republic of Poland of radioactive waste and spent

nuclear fuel;

2) import into the territory of the Republic of Poland of radioactive waste and spent

nuclear fuel from a third country;

3) transit through the territory of the Republic of Poland of radioactive waste and

spent nuclear fuel, shipped between the third countries in the case when the

Republic of Poland is the first member state.

2. Licence shall be granted under the condition that:

1) competent authority of the Member State being the country of transit has issued

the permit for the transit of radioactive waste or spent nuclear fuel, and

2) in case of shipment referred to in Section 1, Item 1:

a) competent authority of the country of destination has issued the permit for

import into its territory of radioactive waste or spent nuclear fuel;

b) holder has submitted a commitment to receive the radioactive waste and

spent nuclear fuel in the situation, when the shipment cannot be finalized,

and also to cover the expenses related to uncompleted shipment;

3) in case of shipment referred to in Section 1, Item 2, in the situation when on the

territory of the Republic of Poland radioactive waste is imported for a purpose

other than disposal, or spent nuclear fuel – the consignee has concluded with the

holder an agreement recognized by the competent authority of the country of the

holder, which obliges the holder to collect:

a) radioactive waste or spent nuclear fuel in the situation when the shipment

could not be finalized, and

b) radioactive waste generated as a result of processing the radioactive waste

covered by the application for licence for shipment, radioactive waste


101

generated as a result of spent nuclear fuel reprocessing, other products

generated in radioactive waste processing or spent nuclear fuel reprocessing;

4) in case of shipment referred to in Section 1, Item 2, in the situation when

radioactive waste is imported into the territory of the Republic of Poland for

disposal:

a) consignee has concluded with the holder an agreement recognized by the

competent authority of the country of holder which obligates:

- the holder to collect radioactive waste in the situation when the

shipment could not be finalized,

- the consignee to dispose the radioactive waste on the territory of the

Republic of Poland,

b) consignee has technical and organizational capabilities to dispose the

radioactive waste of foreign origin, without jeopardizing the capability to

dispose the radioactive waste of domestic origin;

5) in case of shipment referred to in Section 1, Item 3 – consignee has concluded

with the holder an agreement recognized by the competent authority of the

country of the holder, which obligates the holder to collect the radioactive waste

or spent nuclear fuel in situation when the shipment could not be finalized.

3. The Agency’s President shall issue the licence on the request by the:

1) holder – in case of application for licence for shipment referred to in Section 1,

Item 1,

2) consignee - in case of application for licence for shipment referred to in Section

1, Item 2,

3) organizational entity responsible for the shipment organization on the territory of

the Republic of Poland – in case of application for licence for shipment referred

to in Section 1, Item 3.

4. Application and related documents shall be submitted in Polish language version, but

on request by competent authorities in the country of destination or country of transit, the

holder shall be obligated to deliver to the Agency’s President their translation to the

language accepted by these authorities, certified by a sworn interpreter.

5. Licence shall be granted for a definite period, not longer than 3 years.

6. Licence can be granted for a single shipment, or for multiple shipments.


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7. Licence for multiple shipments can be granted when the following conditions have

been jointly met:

1) radioactive waste or spent nuclear fuel involved in the application has virtually

the same physical, chemical and radioactive properties;

2) shipments will be executed between the same holder and consignee and will be

subject to the same competent authorities;

3) in situation when the shipment requires a transit through a third country –

shipments will be executed through the same border crossing, unless otherwise

decided by the competent authorities between themselves.

Article 62d. 1. Permit granted by the Agency’s President shall be required for:

1) import into the territory of the Republic of Poland of radioactive waste and spent

nuclear fuel from a member state;

2) transit through the territory of the Republic of Poland of radioactive waste and

spent nuclear fuel, in the case other than that established in Article 62c, Section 1,

Item 3.

2. Permit for the shipment referred to in Section 1, Item 1 shall be granted under the

condition that:

1) in case when radioactive waste is imported into the territory of the Republic of

Poland for the purpose other than disposal, or spent nuclear fuel – the consignee

has concluded with the holder an agreement referred to in Article 62c, Section 2,

Item 3;

2) in case when radioactive waste is imported into the territory of the Republic of

Poland for disposal – requirements referred to in Article 62c, Section 2, Item 4

have been fulfilled.

3. The Agency’s President shall grant the permit on the request by the:

1) holder, submitted through a competent authority in the country of origin, in the

case of:

a) shipment referred to in Section 1, Item 1;

b) transit through the territory of the Republic of Poland of the radioactive

waste or spent nuclear fuel shipped from another member state to a third

country, or shipped between member states;


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2) consignee, submitted through a competent authority in the country of destination

– in the case of transit through the territory of the Republic of Poland of the

radioactive waste or spent nuclear fuel shipped from a third country into a

member state;

3) organizational entity responsible for the shipment organization in the first

Member State, submitted through a competent authority in this country – in case

of transit through the territory of the Republic of Poland of the radioactive waste

or spent nuclear fuel shipped between third countries, provided that the Republic

of Poland is not the first member state.

4. The Agency’s President can condition the granting of the permit upon the fulfilment of

additional terms, which shall not be more rigorous than those established for a similar

shipment executed between a holder and a consignee within the territory of the Republic

of Poland.

5. In the situation when the Agency’s President refuses to grant the permit, or conditions

it upon the fulfilment of additional terms, the Agency’s President shall submit to the

competent authority which applied for the permit the justification based on:

1) in case of the shipment referred to in Section 1, Item 1 – the regulations for

radioactive waste management or spent nuclear fuel management, or on the

regulations applicable for nuclear material shipments;

2) in case of the shipment referred to in Section 1, Item 2 – the regulations

applicable for nuclear material shipments.

Article 62e. 1. Export of radioactive waste and spent nuclear fuel from the territory of the

Republic of Poland to:

1) destination south from 60-th degree of southern latitude;

2) third country which is a Party to the Agreement on the partnership between the

members of a group of African, Caribbean and Pacific countries on one side, and

the European Community and its Member States on the other (AKPE-EU Koton

Agreement);

3) third country which does not possess the administrative and technical capabilities

or regulatory structure for safe management of radioactive waste and spent

nuclear fuel,

- shall be prohibited.


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2. Import into the territory of the Republic of Poland of radioactive waste and spent

nuclear fuel for disposal shall be prohibited, subject to Article 62g.

Article 62f. 1. To the activities related to processing the application for a licence or

permit for the import into the territory of the Republic of Poland, export from the territory

of the Republic of Poland and transit through this territory of radioactive waste and spent

nuclear fuel, in particular to the submission of the application, granting the licence and

permit, a standard document shall be applied in the form established by the European

Commission under Article 17, Section 2 of the Council Directive 2006/117/EURATOM

of 20 November 2006, on the supervision and control over the shipments of radioactive

waste and spent nuclear fuel (OJ L 337 of 05.12.2006, p. 21).

2. Standard document, as referred to in Section 1, and additional documents required

while applying for a licence or permit, shall accompany each shipment, also in the

situation when the licence has been granted for multiple shipments.

Article 62g. 1. The Agency’s President shall grant the licence or permit, as appropriate,

for the import into the territory of the Republic of Poland, export from the territory of the

Republic of Poland and transit through this territory of radioactive waste after its

processing, radioactive waste generated from the reprocessing of spent nuclear fuel, other

products generated from radioactive waste processing or spent nuclear fuel reprocessing,

if before this the Agency’s President has granted the licence or permit for import, export

or transit of this waste or spent nuclear fuel for the purpose of its processing or

reprocessing.

2. The Agency’s President shall grant the licence or permit, as appropriate, for the import

into the territory of the Republic of Poland of radioactive waste or spent nuclear fuel, if

before this the Agency’s President has granted the licence or permit for its export, but the

shipping cannot be finalized and is carried out on the basis of the same standard

document.

Article 62h. 1. The Agency’s President can take the decision to discontinue the shipment

if the terms for its execution, established in the regulations, licence or permit, have been

broken.

2. Of the decision taken the Agency’s President shall notify immediately:


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1) in case of the shipment between the member states – competent authorities of

other countries involved in the shipment;

2) in case of the shipment involving a third country – competent authority of the

country of origin.

3. In the situation referred to in Section 1, in case of:

1) export of radioactive waste or spent nuclear fuel from the territory of the

Republic of Poland, the holder shall be under obligation to collect radioactive

waste and spent nuclear fuel and to cover the costs resulting from the fact that the

shipment was not finalized;

2) import of radioactive waste or spent nuclear fuel into the territory of the Republic

of Poland from a third country, the consignee shall be under obligation to cover

the costs resulting from the fact that the shipment was not finalized;

3) transit through the territory of the Republic of Poland of radioactive waste or

spent nuclear fuel shipped between the third countries, the organizational entity

responsible for the organization of shipment in the first member state shall be

under obligation to cover the costs resulting from the fact that the shipment was

not finalized.

Article 62i. The Agency’s President shall immediately notify the Head of the

Internal Security Agency, the Commander-in-Chief of the Border Guard, and the

Head of the Customs Service of:

1) all licences referred to in Article 62c, Section 1 being granted;

2) approval referred to in Article 62d, Section 1 being granted;

3) decisions referred to in Article 62h (1) being taken.

Article 62j. The Council of Ministers shall establish by regulation the procedure for

granting the licence or permit, the documents accompanying the application for the

licence and the application for the permit, the activities to be performed by the entities

involved in the shipment and by the Agency’s President subsequent to the completion of

the shipment, having in mind the necessity to ensure effective control over the shipments

of radioactive waste and spent nuclear fuel.


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Chapter 9

Supervision and inspection of compliance with the conditions for nuclear safety and

radiological protection

Article 63. 1. Activities, which result, or may result, in the exposure of humans and

environment to ionizing radiation shall be subject to supervision and inspection from the

viewpoint of nuclear safety and radiological protection.

2. Supervision and inspection referred to in Section 1 shall be executed by the:

1) nuclear regulatory bodies – in case of activities for which the licence is issued, or

notification is received, by the Agency’s President,

2) state regional sanitary inspector, commander of military preventive medicine

centre or state sanitary inspector for the Ministry for Home Affairs and

Administration – in case of activities for which a licence is issued by these

bodies.

3. The minister competent for health matters shall establish by regulation the rules and

procedures for supervision and inspection of the compliance with radiological protection

conditions in organizational entities using X-ray devices for the purposes of medical

diagnostics, interventional radiology, surface radiotherapy and non-oncological diseases

radiotherapy.

4. The Prime Minister shall establish by regulation the procedures for the supervision and

inspection discharged by the nuclear regulatory bodies in the Internal Security Agency,

Intelligence Agency, and Central Anti-Corruption Bureau, taking into account the

procedures for preparation of the inspection, documentation of inspection activities, the

preparation of inspection report, post-inspection statement and information on the

inspection results.

Article 64. 1. Nuclear regulatory bodies referred to in Article 63, Section 2, Item 1 shall

be the following:

1) the Agency’s President, as the supreme nuclear regulatory body,

2) the Chief Nuclear Regulatory Inspector, as a higher-order body with respect to

the regulatory inspectors,

3) nuclear regulatory inspectors:


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a) I degree inspectors – authorized to inspect organizational entities

conducting activities involving exposure, except for organizational entities

conducting activities specified in Article 4, Section 1, Item 2 or 3,

b) II degree inspectors - authorized to inspect organizational entities

conducting activities involving exposure.

2. The Chief Nuclear Regulatory Inspector shall be nominated from among regulatory

inspectors and recalled by the Agency’s President.

3. Regulatory inspectors shall be nominated and recalled by the Agency’s President at the

request of the Chief Nuclear Regulatory Inspector.

4. Responsibilities of the nuclear regulatory bodies shall include in particular:

1) issuing the licences and other decisions in the matters involving nuclear safety

and radiological protection, according to the principles and procedures

established by this Act,

2) conducting inspections in nuclear facilities and in organizational entities which

hold nuclear materials, ionizing radiation sources, radioactive waste and spent

nuclear fuel,

3) issuing injunctions or interdictions referred to in Article 68, Section 1;

4) (repealed)

5. (repealed)

6. (repealed)

Article 65. 1. To be eligible for the nomination as regulatory inspector, the individual

shall:

1) possess a higher-education certificate in physics, chemistry, technology or other

specialization useful in nuclear regulatory body,

2) have no record of sentence for intentional offenses,

3) be required to have taken part in the practical training and passed qualification

examination for the I and II degree nuclear regulatory inspector for nuclear

safety and radiological protection in front of an examination board appointed

by the Agency’s President;


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occupational exposure conditions issued according to regulations issued under

Article 229 § 8 of the Labour Code Act of 26 June 1974;

5) work at the National Atomic Energy Agency.

2. The costs of practice, examination and medical tests shall be borne by the National

Atomic Energy Agency.

3. The Chief Nuclear Regulatory Inspector shall refer the candidate to the position of a

nuclear regulatory inspector to a practical training referred to in Section 1, Item 3, and

shall hereinafter certify that the training has been duly completed.

4. The Chief Nuclear Regulatory Inspector may release a candidate to the position of I

degree nuclear regulatory inspector from the obligation to take part in the training - in

whole or in part – if the candidate has been working for the last 2 years as a nuclear

regulatory inspector, or for the last 5 years under exposure conditions at an

organizational entity conducting activities which require the licence referred to in

Article 4, Section 1.

5. The qualification examination referred to in Section 1, Item 3 shall be conducted by

examination boards appointed by the Agency’s President and authorized to examine

candidates to the position of I and II degree nuclear regulatory inspector.

6. The Agency's President shall appoint and recall examination boards composed of 6

experts in:

1) nuclear technologies,

2) nuclear safety and radiological protection;

3) radioactive material management;

4) handling radioactive waste and spent nuclear fuel;

5) Atomic Law.

7. The members of examination board shall receive remuneration for taking part in the

examination panel and shall have travel and accommodation costs reimbursed

according to the terms and conditions stated in Article 775 § 2 of the Labour Code Act

of 26 June 1974.

8. Nuclear regulatory inspectors shall be required to continuously enhance their

knowledge and qualifications, in particular, by taking part in trainings organized or

indicated by the Agency's President. The training costs shall be borne by the Agency’s

President.


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9. Administrative bodies authorized to supervise nuclear facilities, other than the

Agency’s President, shall provide own personnel with necessary trainings in nuclear

safety and radiological protection, customized to the responsibilities and competences

of the personnel.

10. The training programmes referred to in Section 9 shall be approved by the

Agency’s President.

11. The costs of trainings referred to in Section 9 shall be borne by the supervising

bodies.

Article 65a. 1. Nuclear regulatory bodies shall carry out:

1) periodical inspections – as per inspection plan approved by the Agency’s

President or the Chief Nuclear Regulatory Inspector;

2) ad-hoc inspections – whenever circumstances arise which may have a

substantial impact on the nuclear safety and radiological protection at a

nuclear facility subject to inspection;

3) continuous inspections – at nuclear power plants by virtue of a permanent

authorization.

2. Nuclear regulatory inspectors shall run inspections by virtue of and upon

submission of an inspection authorization issued by the Agency’s President or the

Chief Nuclear Regulatory Inspector, upon presentation of an official identity

document issued by the Agency’s President to the head of the inspected

organizational entity or any other person authorized.

3. If the nuclear safety or radiological protection requirements are suspected to be

violated, the nuclear regulatory inspector may conduct the inspection by virtue of an

official identity document. In this case, authorization for the inspection shall be

immediately delivered to the head of the inspected organizational entity.

4. A specific authorization shall be issued for periodical and ad-hoc inspections, and

a permanent authorization shall be granted for continuous inspections for the

period of up to 2 years.

5. The authorization shall include at least the following information:

1) legal basis for the authorization;

2) name of the inspecting body;

3) when and where the authorization was issued;


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4) full name of nuclear regulatory inspector authorized to inspect and the

number of his/her official identity document, and if the inspection is to be

carried out by more than one inspector – the name of the chief inspector

authorized to sign the inspection protocol;

5) name of the inspected entity;

6) scope of inspection;

7) inspection starting date and estimated completion date;

8) signature of the person who issued the authorization;

9) information on the rights and obligations of the inspected entity;

10) validity period of permanent authorization – for continuous inspections of

nuclear power plants.

6. If an expert or specialist takes part in periodical inspection, his/her full name shall

be included in the inspection authorization.

7. A nuclear regulatory inspector shall issue a named authorization to participate in

inspection to the expert or specialist referred to in Section 6.

8. The minister competent for environmental matters shall define by regulation a

standard official identity document of nuclear regulatory inspector in order to

ensure correct identification of persons authorized to run the inspection.

Article 66. 1. In the context of regulatory control, nuclear regulatory bodies shall be

authorized to:

1) around-the-clock access to the sites, facilities, premises and transport

vehicles of the inspected organizational entities, being suitably equipped to

do so;

2) scrutinize the documentation, logbooks and other data carriers concerning

nuclear safety and radiological protection in the inspected organizational

entity;

3) request copies of the documents and data carriers referred to in Item 2 to be

produced or provided;

4) verify whether the activities of the inspected organizational entity are

conducted in compliance with nuclear safety and radiological protection

regulations and with the requirements and conditions established in the

licences;


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5) conduct independent technical and dosimetric measurements, whenever

needed,

6) request written or oral information in matters under scrutiny, and to

interview the head and personnel of the inspected organizational entity, as

well as external workers and apprentices;

7) collect samples for laboratory tests;

8) inspect the site, facilities, premises and installations of the inspected

organizational entity and its transport vehicles;

9) record the processes and results of inspection as referred to in Item 8 using

audio-visual recording systems;

10) secure and request securing (confirming security) documents and other

proofs;

11) during inspections of nuclear power plants – to request the assistance of

expert laboratories and organizations authorized by the Agency’s President,

and during inspections of other organizational entities – to request the

assistance of experts, specialists and laboratories.

2. The head of inspected organizational entity shall take all necessary measures to

allow the nuclear regulatory bodies to carry out the inspection, and especially the

activities referred to in Section 1.

3. Inspection and supervision of nuclear facilities by nuclear regulatory bodies and

other administrative authorities, in accordance with their respective competences,

shall be coordinated within the framework of a “coordination system” developed by

the Agency’s President in cooperation with the Office of Technical Inspection, the

Chief Environmental Protection Inspector, the Chief Sanitary Inspector, the Chief

Commanding Officer of the State Fire Service, the General Inspector of Office of

Building Control, and the Chief Labour Inspector.

4. The coordination referred to in Section 3 shall include, in particular:

1) exchanging information about planned inspections, results of completed

inspections, and all irregularities identified, as well as measures and

decisions taken in response to such irregularities by authorities and services

listed in Section 3;

2) organizing joint inspections of nuclear facilities;

3) notifying the Agency’s President on any supervisory measures planned to be

adopted by other inspecting bodies in relation to any organizational entities


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which build, commission or operate nuclear facilities, as long as the

measures in question may significantly affect the nuclear safety and

radiological protection of such facilities;

4) sharing inspection records at request of any other supervising body;

5) organizing joint trainings;

6) sharing experience, in particular in matters related to the improvement of

inspection methods;

7) initiating legislative changes related to matters covered by the coordination

programme;

8) cooperation in developing organizational and technical recommendations

related to matters covered by the coordination programme;

9) exchanging information on evaluating amendments in legislative laws related

to matters covered by the coordination programme;

10) exchanging information on the application of legal regulations governing the

matters covered by the coordination programme.

5. The coordination referred to in Section 3 shall be implemented at three

organizational levels:

1) heads of administrative bodies and services;

2) representatives of authorities appointed to handle specific tasks related to

nuclear inspection and supervision coordination;

3) inspectors visiting the nuclear facilities.

6. The coordination system for control and supervision of nuclear facilities shall be

managed by the Agency’s President, who shall:

1) provide conditions to enable the coordination system to operate;

2) convene and preside over the meetings of the representatives of cooperating

authorities, as and when necessary;

3) invite representatives of other authorities and services to the meetings

referred to in Item 2, as and when necessary, as well as:

a) expert laboratories and organizations authorized by the Agency’s

President to meetings dedicated to nuclear power plants,

b) experts, specialists and representatives of laboratories to

coordination system meetings dedicated to other nuclear facilities;


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4) include in the report referred to in Article 110, Item 13 information on the

operations of the coordination system, along with other essential data

referring to nuclear safety and radiological protection assessment

submitted by cooperating authorities.

7. As part of the coordination system, teams can be established dedicated to solving

specific tasks related to nuclear control and supervision coordination, composed of

representatives appointed by the heads of the cooperating authorities. The team

shall be presided over by a chairperson, and shall have a clearly defined scope of

activity.

Article 66a. 1. The authorization referred to in Article 66, Section 1, Item 11 shall be

awarded to expert laboratories and organizations which comply with the following

requirements:

1) are not involved in the design, construction or operation of any nuclear

power plant as designers, contractors, suppliers, fitters or representatives of

any other involved entities;

2) have at disposal necessary personnel and installations for handling

inspection-related tasks;

3) the inspecting personnel have all necessary knowledge and experience in

nuclear inspections;

4) guarantee impartial handling of inspections;

2. Expert laboratories and organizations may apply to the Agency’s President for a

specific authorization and shall submit documents to confirm fulfilment of

requirements referred to in Section 1.

3. The application for authorization or change in the scope of authorization shall

include:

1) name and address of the applying entity, telephone number, fax number,

and e-mail address;

2) scope of authorization applied for or change in the existing authorization;

4. The Agency’s President shall agree or refuse to grant or change authorization by

way of administrative decision. The decision of the Agency’s President shall also

specify the scope and period of granted or amended authorization.

5. Before the decision is taken, the Agency’s President shall:


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1) examine documents submitted by the applicant;

2) optionally hold a preliminary inspection at the applicant’s facilities to

confirm compliance with the requirements referred to in Section 1.

6. If the application for authorization is rejected, the applying entity may apply for

an authorization of different scope as agreed with the Agency’s President.

7. The Agency’s President shall keep a record of all authorized entities and the

following data, in particular:

1) name and address of the authorized entity, telephone number, fax number,

and e-mail address;

2) scope of authorization granted to the organizational entity.

8. The Agency’s President shall publish the data entered in record referred to in

Section 7 in the dedicated section of the Public Information Bulletin.

Article 67. (repealed)

Article 67a. 1. Inspections shall be held in the presence of the head of the inspected

organizational entity or a person authorized in writing.

2. If the head of organizational entity or the person authorized is absent, or if the

authorization referred to in Section 1 is refused to be granted, the inspections can be

held in the presence of another employee of the inspected organizational entity or a

witness being a public officer, except for the personnel of the National Atomic

Energy Agency.

3. The provisions of Sections 1 and 2 shall not apply if:

1) a serious non-compliance with nuclear safety and radiological protection

requirements is suspected;

2) the head of organizational entity has agreed that the inspection can take

place in his/her or the authorized person’s absence.

3) the nuclear regulatory inspector who runs the inspection decides to interview

an employee of the inspected organizational entity in absence of witnesses if

a serious non-compliance with nuclear safety and radiological protection

requirements is suspected;

4) continuous inspection is held at a nuclear power plant.


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Article 67b. 1. Nuclear regulatory authority may decide that the identity of an

interviewed employee of the inspected organizational entity shall remain undisclosed

if the employee provides significant assistance or discloses information essential for

nuclear safety and radiological protection which would otherwise remain unknown

to the nuclear regulatory authority. The decision in this respect shall be submitted to

the head of organizational entity.

2. In the case referred to in Section 1, the nuclear regulatory authority shall provide

the head of the inspected organizational entity with an employee interview report

without specifying the identity of the interviewed employee and making sure that the

identity of the employee remains undisclosed.

3. Within 3 days from the delivery of the decision referred to in Section 1, the head

of the inspected organizational entity may appeal against this decision to the Chief

Nuclear Regulatory Inspector.

4. The appeal referred to in Section 3 shall be examined without involvement of the

head of the inspected organizational entity and shall be kept confidential.

5. If the appeal referred to in Section 3 is found to be justified, the employee

interview report shall be destroyed.

Article 67c. 1. A sample collection referred to in Article 66, Section 1, Item 7 shall be

documented in a sampling report drafted by the nuclear regulatory inspector. A

control sample shall be also collected whose size shall correspond to the size of the

sample collected for laboratory tests.

2. The protocol referred to in Section 1 shall be drafted in three copies, one

submitted to the head of the inspected organizational entity, the second one enclosed

to the sample for laboratory tests, and the third one shall be kept in files by the

nuclear regulatory inspector.

3. The head of the inspected organizational entity shall ensure that the samples are

properly secured to prevent their deterioration.

4. The nuclear regulatory inspector shall supervise the operations listed in Section 3,

and shall seal the samples.

5. The head of the inspected organizational entity shall send the samples to the

laboratory selected by the nuclear regulatory inspector, along with the request for

laboratory tests signed by the nuclear regulatory inspector, and the report referred

to in Section 1. The control sample shall be kept at the inspected organizational


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entity, under suitable conditions to prevent its deterioration, until the laboratory

test results are submitted.

6. The testing laboratory shall publish the test results of samples collected during the

inspection to be submitted to the nuclear regulatory inspector who applied for the

testing and the head of organizational entity.

Article 67d. The inspected organizational entity shall cover the costs of laboratory

tests and other operations requested by the nuclear regulatory authorities in the

course of control, and of opinions issued by expert laboratories and organizations, as

well as other experts, specialists and laboratories indicated by the Agency's

President.

Article 67e. 1. A nuclear regulatory inspector shall draft an inspection report, which

will include the following information, in particular:

1) name, registered office and address of the inspected organizational entity;

2) full name of the nuclear regulatory inspector;

3) full name of the senior nuclear regulatory inspector in charge of the

inspection;

4) number and date of the authorization granted to the nuclear regulatory

inspector;

5) full names, along with number and date of authorization of experts and

specialists taking part in the inspection;

6) full names and job titles of individuals who have issued statements and

provided information in the course of the inspection;

7) subject-matter and scope of inspection;

8) description of inspection operations and the factual circumstances;

9) a statement that the head of organizational entity has been informed on

his/her rights and obligations, and the right to submit reservations and on

how and where to submit reservations, if any, to the inspection report;

10) information on injunctions or interdictions referred to in Article 68, Section

1;

11) recommendations by the nuclear regulatory inspector;


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12) list of attachments and titles of attachments;

13) report date.

2. The inspection report shall be signed by the nuclear regulatory inspector, the

head of the inspected organizational entity, and the person authorized by the head of

the inspected organizational entity to represent him/her during the inspection,

where applicable.

3. The head of the inspected organizational entity shall be authorized to refuse to

sign the inspection report. In this case, the head of the inspected organizational

entity needs to provide the reasons for such refusal in writing. The nuclear

regulatory inspector shall state in the inspection protocol that the head of inspected

organizational entity has refused to sign the report, and shall specify the grounds for

the refusal or the reason why head of inspected organizational entity refused to

provide such justification.

4. The inspection report shall have the following attachments:

1) official notes on important inspection-related instructions made by the

nuclear regulatory inspector;

2) copies of important inspection-related decisions certified to be the true

copies of original documents;

3) important inspection-related documents and copies certified to be the true

copies of original documents, or documents drafted by the nuclear

regulatory inspector certified to be compliant with the source documents;

4) injunctions or interdictions referred to in Article 68, Section1.

5. Inspection reports shall be made in two counterparts, one for the head of the

inspected organizational entity.

6. The head of the inspected organizational entity is authorized to make a statement

in writing or to submit explanations referring to conclusions stated in the inspection

report within 14 days from the date of submission of the inspection report, along

with references to specific evidence.

7. The nuclear regulatory inspector examines the reservations within 14 days from

the day of receipt.

8. If the reservations are considered justified, the nuclear regulatory inspector shall

amend the inspection report and shall submit it to be signed by the head of the

inspected organizational entity. The provisions of Section 3 shall apply mutatis

mutandis.


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9. Evident typographical or mathematical errors shall be corrected by the nuclear

regulatory inspector who shall put his/her initials next to each error in the report.

The nuclear regulatory inspector shall inform the head of the inspected

organizational entity on all corrected evident typographical or mathematical errors.

10. For periodical inspections and ad-hoc inspections, reports shall be drafted

immediately upon inspection completion, and for continuous inspections – once per

month and immediately upon identification of any significant non-compliances with

nuclear control and radiological protection requirements.

Article 68. 1. If any threat to nuclear safety and radiological protection has been

identified during the inspection, then, to remove that threat, nuclear regulatory

bodies shall issue summary orders containing injunctions or interdictions

addressing specified activities, and in particular:

1) to reduce the power output;

2) to stop the operation of a nuclear facility;

3) to stop the fitting of specific installations;

4) to cease the handling of a specific source of ionizing radiation;

5) to cease to perform specific works or operations.

2. Such orders shall be issued in writing; in exceptional circumstances they shall be

issued in oral form and should be promptly confirmed in writing.

3. The head of inspected organizational entity may appeal to the Chief Nuclear

Regulatory Inspector to overrule or modify the order referred to in Section 1 if the

order has been issued by a regulatory inspector, or to the Agency’s President if the

order has been issued by the Chief Nuclear Regulatory Inspector.

4. The appeal referred to in Section 3 shall not suspend the execution of the

injunction or interdiction referred to in Section 1.

Article 68a. If any circumstances have been identified during the inspection that

might negatively affect nuclear safety and radiological protection, although no

nuclear safety and radiological protection requirements have been violated as

defined in the applicable legal regulations and the authorization, the nuclear

regulatory inspector shall be authorized to issue a recommendation to improve the

nuclear safety and radiological protection at the inspected organizational entity.


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Article 68b. 1. Based on the inspection protocol confirming the factual or legal

circumstances that violate the conditions stated in the authorization or regulations

governing the activities that require a licence, the Chief Nuclear Regulatory

Inspector shall issue a post-inspection decision to the head of inspected

organizational entity requesting appropriate corrective actions within a specified

deadline, and in particular, by way of:

1) technical inspection or tests of the nuclear facility or any part thereof to

check that the nuclear safety and radiological protection requirements are

fulfilled;

2) introducing and monitoring preventive measures aimed at mitigating

exposure;

3) suspension of all operations involving specific nuclear materials, sources of

ionizing radiation, radioactive waste or spent nuclear fuel.

2. The head of the entity to which such post-inspection decision is addressed shall

notify the Chief Nuclear Regulatory Inspector, within a specified period from the

date of receiving the decision, of the way the non-compliances have been eliminated.

Article 68c. The post-inspection decisions referred to in Article 68 and 68b shall be

immediately published by the Agency’s President in the appropriate section of the

Public Information Bulletin. Information on physical protection, nuclear material

safeguards and classified information within the meaning of regulations on

combating unfair competition shall not be disclosed.

Article 69. 1. If any non-compliance with a potential impact on nuclear safety and

radiological protection has been identified during the inspection other than those

referred to in Article 68b, then the Agency’s President or the Chief Nuclear

Regulatory Inspector may issue a post-inspection decision to the head of inspected

organizational entity requesting appropriate corrective actions within a specified

deadline.

2. The head of organizational entity to which such post-inspection decision is

addressed shall immediately notify the Agency’s President or the Chief Nuclear

Regulatory Inspector, within 14 days of receiving the decision, of elimination of such

non-compliances.


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Article 69a. 1. The head of the inspected organizational entity shall keep and archive

at the seat of the inspected organizational entity an inspection logbook along with

inspection authorizations and protocols.

2. The nuclear regulatory body shall record all inspections in the inspection logbook

by providing the following inspection-related information, in particular:

1) name of the nuclear regulatory body;

2) inspection authorization;

3) scope of inspection;

4) inspection start and completion date;

5) information on injunctions and interdictions referred to in Article 68,

Section 1;

6) grounds for instituting an inspection without authorization.

3. The head of the inspected organizational entity shall enter all injunctions and

interdictions concerning elimination of non-compliances, post-inspection

recommendations, as well as repealed injunctions, interdictions, decisions and

recommendations, as referred to in Article 68 in the instruction logbook.

Article 69b. 1. If an inspection is conducted, the head of the inspected organizational

entity shall immediately present the inspection logbook to the regulatory body.

2. The head of the inspected organizational entity shall be released from the

obligation to present the instruction logbook only if the logbook has been already

submitted to a different regulatory body. If this is the case, the head of the inspected

organizational entity shall present the instruction logbook at the seat of the nuclear

regulatory body within 3 working days from the date the logbook is returned by the

other regulatory body.

Article 70. 1. Proceedings concerning the supervision and inspection issues shall be

based on the provisions of the Administrative Proceedings Code.

2. (repealed)

Article 70a. Supervision and inspection, referred to in Article 63, Section 1 and executed


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according to the principles established in this Chapter, shall cover also the entities on

whose sites nuclear materials, radioactive sources, equipment containing such sources,

radioactive waste or spent nuclear fuel may be present, in particular due to past activities,

even if those entities do not conduct the activities referred to in Article 4, Section 1.

Article 71. The Council of Ministers shall establish by regulation detailed requirements

for practical trainings, training certification, methods and procedures of qualifying

examination for the position of a nuclear regulatory inspector, detailed tasks of the

examination board and its remuneration, and a standard certificate to attest positive

results of the qualification examinations for the position of a nuclear regulatory

inspector and all documents enclosed thereto, taking into account the regulatory need

to provide high level trainings for individuals applying for the position of nuclear

regulatory inspector, and to carry out examinations that will allow to effectively verify

the knowledge of the candidates.

Chapter 10

Assessment of the national radiation situation

Article 72. 1. Agency’s President shall conduct systematic assessments of the national

radiation situation.

2. For the assessments referred to in Section 1, the Agency’s President shall:

1) collect, verify and analyze information obtained from the stations for early

detection of radioactive contamination, hereinafter referred to as “the stations,”

and from the units performing radioactive contamination measurements,

hereinafter referred to as “the units,” and from the services that hold the data

needed for the assessment of the national radiation situation, including

meteorological services,

2) verify and analyze information obtained from other sources,

2a) receive and verify the information on radiation emergencies,

3) create databases and information systems relevant for the assessment of national

radiological situation,

4) analyse and forecast the development of national radiation situation and estimate

the risks for the population and environment, on the basis of the information


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referred to in Items 1 and 2, and of the data contained in databases referred to in

Item 3.

3. The Agency’s President shall perform the tasks referred to in Section 2 through the

Radiation Emergency Centre established within the organizational structure of the

National Atomic Energy Agency.

4. Working time for the workers performing the tasks of the Radiation Emergency Centre

shall be determined by the Agency’s President, under the principles established in the

Labour Law. This shall not infringe on the other provisions for working time, as

established in the Civil Service Act.

Article 72a. If the information received from the stations and units is insufficient for the

assessment of the national radiation situation, the Agency’s President shall conduct the

measurements of ionizing radiation dose rates and radioactive contamination in selected

locations throughout the country, which are not monitored by those stations and units.

Article 73. 1. Stations and units referred to in Article 72, Section 2, Item 1 shall operate

in the National Atomic Energy Agency, in the entities of the Polish Academy of Sciences

and in the entities subordinated to the ministers competent for the areas of home affairs,

environment, economy, higher education, agriculture, health and to the Minister of

Defence.

2. Stations shall perform the following tasks:

1) continuous measurements of gamma dose rate,

2) automatic detection and signalling any 15% excess in the dose rate value, caused

by the presence of artificial radioactive substances,

3) immediate and automatic transmission of measurement data to the Radiation

Emergency Centre,

4) ensuring that the measurement data shall be transmitted in the way compatible

with calculation models used in the assessments of radiation situation.

3. Units shall perform the following tasks:

1) detection, identification and measurements of radioactive contamination in the

environment, agricultural products and foodstuffs,

2) preliminary evaluation of measurement results and their forwarding to the



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Article 74. The Agency’s President shall coordinate the operation of stations and units,

and in particular shall:

1) cooperate with ministers competent for the matters of home affairs, environment,

economy, higher education, agriculture and health and with the Minister of

Defence, and the President of Polish Academy of Sciences,

2) approve measurement technologies, measurement programs and organization of

measurements,

3) cooperate with relevant foreign entities on matters of radioactive contamination

detection and measurements,

4) in the situation of radiation emergency or probable radiation emergency -

determine the following data:

a) frequency with which the stations forward measurement results to the

Radiation Emergency Centre,

b) locations, frequency and scope of measurements performed by those units,

and also the frequency with which those units forward measurement results

to the Radiation Emergency Centre.

Article 75. The Council of Ministers shall establish by regulation the list of stations and

units and their detailed tasks and functions, as well as the ways of performing those tasks,

taking as the criterion the feasibility of obtaining the data necessary for the assessment of

national radiation situation.

Article 76. The Agency’s President shall receive the information on domestic radiation

emergencies, in particular those obtained on the basis of Articles 83 and 85, Section 1,

and if necessary, basing on information obtained, shall provide immediate assistance in

the assessment of the radiation hazard magnitude, and shall advise on the elimination of

the threat and of the emergency consequences.

Article 77. 1. The Agency’s President, in performing the tasks arising from the

international system of the notification of radiation emergencies in the areas of early

notification of a nuclear accident, assistance in the event of a nuclear accident or radiation

emergency, physical protection of nuclear materials and illicit trade in such materials, as


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well as fulfilling the obligations of the Republic of Poland under bilateral international

agreements, shall establish national contact points.

2. Tasks of national contact points shall include in particular:

1) receiving from the International Atomic Energy Agency (IAEA), European

Commission and from contact points of other countries and international

organizations, the notifications of nuclear accidents, illegal use, displacement,

processing or interception of nuclear materials, or of a real threat of any such

deed, of the high activity source theft or loss and of the discovery of an orphan

source, as well as receiving from these countries the requests for assistance in

such events and imparting the information on the possibility of lending such

assistance and on its terms and scope,

2) forwarding to the IAEA, European Commission and contact points referred to in

Item 1 the notifications of radiation emergencies occurring on the territory of the

Republic of Poland and of illegal use, displacement, processing or interception of

nuclear materials, or of a real threat of any such deed on the territory of the

Republic of Poland or that of other country, of the high activity source theft or

loss and on discovery of an orphan source, as well as transmitting requests by the

Republic of Poland for assistance in such events,

3) forwarding to the contact points referred to in Section 1 other information as

required by the obligations of the Republic of Poland under concluded

international agreements.

Article 78. The Agency’s President may delegate the tasks referred to in Article 72a,

Article 74, Article 76 and Article 77 to an institution specialized in radiological

protection.

Article 79. On the Agency’s President request, the institutions, organizations and

individuals possessing the data and information essential for analyses and assessments of

national radiation situation, shall make them available free of charge.

Article 80. The Agency’s President, on the basis of the assessment of national radiation

situation, shall:

1) issue the messages addressed to the general public on national radiation situation,

including the information on radioactive contamination levels under normal


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conditions and in radiation emergency situations,

2) inform of the occurrence of an emergency on regional or national scale the

regional governor or the Council of Ministers, as appropriate,

3) deliver the information on radiation emergency and the forecasts for the

development of national radiation situation to the chairman of the appropriate

governmental emergency management committee.

Article 81. The Agency’s President shall publish quarterly messages to the general public

on national radiation situation in the Official Journal of the Republic of Poland “Monitor

Polski” (Polish Monitor)”. In the event of radiation emergency, the public shall be

informed according to the procedures specified in Article 92, Sections 3 and 4.

Chapter 11

Radiation emergency management

Article 82. 1. Radiation emergencies shall be classified into the following types,

according to the extent of their impact:

1) on-site emergency – radiation emergency occurring on the site of organizational

entity, with the impact limited to the area within the site boundaries of this

organizational entity site,

2) public emergency on a regional scale – radiation emergency occurring on the site

of organizational entity, or beyond this site during field works or during the

transport of nuclear materials, ionizing radiation sources, radioactive waste and

spent nuclear fuel, with the impact limited to the territory of a single region

(“województwo”),

3) public emergency on a national scale – radiation emergency referred to in Item 2,

if its impact extends, or may extend, over the territory larger than that of a single

region.

2. Each radiation emergency, which occurs within national borders or beyond them, with

the impact reaching beyond the borders of the Republic of Poland, shall constitute a

public emergency on a national scale.

Article 83. In the event of radiation emergency, the head of the organizational entity

conducting activities referred to in Article 4, Section 1 shall secure the emergency site


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and shall notify immediately the Agency’s President and additionally, in justified cases,

shall notify also other organizations and services, in accordance with the on-site

emergency plan.

Article 84. 1 Radiation emergency, which constitutes an on-site emergency or an

emergency on a regional or national scale, shall require the implementation of

intervention measures, established in the on-site, regional or national emergency plan,

respectively.

2. During an on-site radiation emergency, the actions aimed at the elimination of the

hazard and of the consequences of the emergency shall be directed by the head of the

organizational entity on whose site the emergency has occurred.

3. During a radiation emergency on a regional scale, the actions aimed at the elimination

of the hazard and of the consequences of the emergency shall be directed by the region’s

governor in cooperation with the state regional sanitary inspector, subject to Section 4.

4.

If the radiation emergency occurred during transport, the actions aimed at the

elimination of the hazard and of the consequences of the emergency shall be directed by

the person responsible for the shipment’s security in transport, in arrangement with the

regional governor appropriate for the emergency site, who cooperates with the state

regional sanitary inspector.

5. During radiation emergency on a national scale, the actions aimed at the elimination of

the hazard and of the consequences of the emergency shall be directed by the minister

competent for home affairs, with the assistance of the Agency’s President.

Article 85. 1. In the event of radiation emergency caused by an unknown perpetrator, the

service, which as the first has obtained the information on the emergency, shall secure the

emergency site and notify the Agency’s President and the regional governor appropriate

for the emergency site.

2. In the case referred to in Section 1, the actions aimed at the elimination of the hazard

and of the consequences of the emergency shall be directed by the regional governor

appropriate for the emergency site, who shall implement appropriate intervention

measures established in the regional emergency plan, subject to Article 84, Section 5.

Article 86. If an increased level of ionizing radiation dose rate or a radioactive

contamination has been detected, including those resulting from an act of terror, with the


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exception of radiation emergencies referred to in Article 82, and also if abandoned

radioactive substance has been found, including an orphan source, then the actions aimed

at the elimination of the hazard and of the consequences of the emergency shall be

directed by the governor of the region where such increased level of ionizing radiation

dose rate or radioactive contamination has been detected, or abandoned radioactive

substance has been found, in cooperation with the state regional sanitary inspector,

undertaking appropriate intervention measures established in the regional emergency

plan, subject to Article 84, Section 5.

Article 86a. If an attempt at illegal radioactive substance import into the territory of the

Republic Poland or export from the territory of the Republic of Poland is detected by the

Border Guard or the Customs Service, provided that a radiation emergency did not occur,

then the competent local department of the Border Guard or the Head of a Customs

Service unit shall take appropriate action, established in the procedure developed by the

Commander-in-Chief of the Border Guard or the Head of the Customs Service and

approved by the Agency’s President.

Article 86b. The head of organizational entity and the regional governor may extend,

respectively, the on-site and regional emergency plan, for which the standard forms are

established in regulations issued under Article 87, Item 2, to include other elements

which - in view of specificity of the organizational entity or the region - are necessary for

efficient conduct of the actions aimed at the elimination of the hazard and of the

consequences of the emergency.

Article 86c. In the event of radiation emergency, the Agency’s President shall take

actions to identify nuclear materials, sources, waste and other radioactive substances

which are subject to illegal trading or whose origins are unknown, whereas such

materials, sources, waste and substances shall be received, transported, stored and

disposed of by the state-owned public utility referred to in Article 114, Section 1.


1) national emergency plan, including the procedures for cooperation of various

authorities and services participating in the elimination of radiation emergencies

and of their consequences,


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2) standard form of the on-site and regional emergency plan, indicating the elements

essential for prompt response by appropriate services,

3) intervention level values for various types of intervention measures referred to in

Article 90, and also the criteria for revoking such measures, taking into account

the recommendations of appropriate international organizations.

Article 88. 1. A decision to implement the intervention measures referred to in Article 90,

may be taken subsequent to:

1) information forwarded by the Agency’s President stating that the radiation

emergency with consequences referred to in Article 82, Section 1, Items 2 and 3,

may result in exceeding the intervention level values,

2) demonstration, on the basis of advisability evaluation of intervention measures,

that the mitigation of radiation-caused damage justifies the damage and costs

caused by these measures, including the social costs.

2. During the advisability evaluation of intervention measures referred to in Article 90,

the following should be taken into account:

1) earlier and predicted emergency scenario and extent,

2) actual or potential values for ionizing radiation doses,

3) number of people threatened,

4) health impact of these intervention measures,

5) anticipated costs and the extent of economic and social impact of these

intervention measures.

3. Intervention measures type, scale and time of duration shall be selected in such way,

that the benefits resulting from the mitigation of health detriments, after the deduction of

intervention-related damage, are as large as possible.

Article 89. 1. Intervention measures referred to in Article 90, related to a radiation

emergency with impact limited to the territory of a single region, shall be implemented in

the form of a local regulation issued by the regional governor appropriate for the

emergency site.

2. Intervention measures referred to in Article 90, related to a radiation emergency with

impact extending beyond the territory of a single region, shall be implemented in the

form of a regulation issued by the Council of Ministers.


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3. The regulation referred to in Section 2, apart from its publication in the Official Journal

of the Republic of Poland, shall be announced to the general public in the form of posters

displayed in public places in the area of the intervention measures implementation, and

also in the form of announcement in mass media in this area.

4. Legal acts referred to in Sections 1 and 2 shall state the cause, date of implementation,

area and foreseen duration time, and also the type of necessary intervention measures.

5. The publication of the legal acts referred to in Sections 1 and 2 shall be regulated by

the provisions of the Act of Parliament of 26 January 1984 – Press Law (Journal of Laws

No 5 Item 24 with later amendments).

6. The revocation of intervention measures referred to in Article 90, on the whole area of

their implementation or on some part of this area, shall proceed according to the

procedures foreseen for their publication.

Article 90. Intervention measures, implemented in the event of the possibility that the

intervention levels may be exceeded, shall have the following form:

1) evacuation,

2) sheltering,

3) administration of stable iodine,

4) ban or restrictions on the consumption of contaminated food and water by people,

on feeding contaminated feeding stuffs and contaminated water to the animals

and on animal grazing on contaminated pastures,

5) temporary relocation of the population,

6) permanent relocation of the population.

Article 91. Intervention measures referred to in Article 90 shall be directed by the:

1) regional governor appropriate for the radiation emergency site - in the event of

public emergency on a regional scale,

2) minister competent for home affairs – in the event of radiation emergency causing:

a) public emergency on a national scale,

b) public emergency on a regional scale when the implementation of

intervention measures exceeds the capabilities of services subordinated to

the regional governor.


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Article 91a. With respect to intervention measures referred to in Article 90, central and

local administration authorities and entities shall be subordinated to the regional

governor, as well as the other forces and means allotted to this governor for the

implementation of intervention measures.

Article 92. 1. Population, which in the event of radiation emergency could receive

ionizing radiation dose exceeding the population dose limit, shall be periodically

informed by the Agency’s President of the feasible health protection measures and of the

measures which should be taken by the population in the event of radiation emergency

(pre-emptive information).

2. Following the radiation emergency, the population which may receive ionizing

radiation dose exceeding the dose limit for the members of the public, shall be

immediately informed of the emergency and the undertaken measures, and, if necessary,

also of the appropriate health protection measures.

3. Entities competent for developing and transmitting the information referred to in

Section 2, and also the scope and mode of the transmission of this information, shall be

established, as appropriate, in the regional and national emergency plan.

4. The Council of Ministers shall establish by regulation the population groups to receive

pre-emptive information, competent bodies for the development and transmission of pre-

emptive information, the scope of this information and also the manner and frequency of

its communication, taking into account the need to prepare the population for radiation

emergency occurrence, and also the types of activities which – in the event of radiation

emergency – may lead to the population receiving ionizing radiation dose in excess of

the dose limit.

Article 93. 1. Costs of intervention measures and of the elimination of radiation

emergency consequences shall be borne by the organizational entity, which caused this

radiation emergency.

2. In the event of radiation emergency which has not been caused by an organizational

entity, the costs referred to in Section 1 shall be borne by the perpetrator, whereas in the

event of emergency caused by an unknown perpetrator or when such costs may not be

exacted from the perpetrator, and also in the event of emergency which has occurred

outside the borders of the Republic of Poland - such costs shall be borne by the national

budget.


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Article 94. A report on radiation emergency, after the termination of intervention

measures referred to in Article 90, shall be delivered:

1) by a regional governor to the minister competent for home affairs – in the case

referred to in Article 91, Item 1,

2) by the minister competent for home affairs and the Agency’s President to the

Prime Minister - in the cases referred to in Article 91, Item 2.

Article 95. 1. If the means at the disposal of the authority that directs the actions aimed at

the elimination of the hazard and of emergency consequences are inadequate, this

authority may impose the obligation to render personal and material services.

2. Issues involving the obligations referred to in Section 1 shall be governed by relevant

regulations concerning the services rendered to overcome natural disaster situations.

Article 96.1. The head of organizational entity and the regional governor, each within his

respective scope of responsibilities, shall conduct periodic exercises aimed at emergency

plan testing and updating. In case of nuclear facility, the exercise shall be conducted by

the head of organizational entity, starting from the activities included in emergency plan

for the commissioning stage. The exercise costs shall be borne respectively by the

organizational entity or by the regional governor.

2. The minister competent for home affairs shall conduct periodic exercises to test the

national emergency plan, at least once every three years. The costs involved in the

preparation and conduct of such exercises shall be borne by the budget of the minister

competent for home affairs.

Article 97. 1. Following a radiation emergency, food and animal feeding stuff shall be

subject to the control of compliance with the maximal permissible levels for radioactive

contamination, as established in the European Union regulations.

2. Food and animal feeding stuff, in which radioactive contamination content exceeds the

levels referred to in Section 1, shall not be introduced into trading, and also shall not be

exported to the countries which are not member states of the European Union.

3. The European Commission shall be informed of each and every case of exceeding the

radioactive contamination levels referred to in Section 1.


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4. The Council of Ministers - guided by the necessity to ensure the implementation of the

European Union regulations concerning maximum permissible levels for radioactive

contamination in food and animal feed following the accident in Chernobyl, and also in

the aftermath of a future radiation emergency - shall establish by regulation the entities

authorized to:

1) exercise control referred to in Section 1,

2) take the decisions on non-admittance into trading, or on the ban on export to the

countries which are not member states of the European Union, of the food and

animal feed referred to in Section 2,

3) inform the European Commission on the issues referred to in Section 3.

Article 98 (repealed)

Article 99. The Council of Ministers may establish by regulation the level of radioactive

substance content in raw materials and industrial products imported into the territory of

the Republic of Poland following the radiation emergencies, taking into account the

ionizing radiation dose limits and the manner of handling such products.

Chapter 12

Civil liability for nuclear damage

Article 100. For the purposes of this Chapter, the terms used below shall have the

following meaning:

1) nuclear installation:

a) nuclear reactor, with the exception of a reactor installed in a sea or air

transport vehicle, as a source of power, for propulsion, or for other purposes,

b) plant using nuclear fuel for nuclear material manufacturing or plant for

nuclear material processing, including the plant for spent nuclear fuel

reprocessing,

c) installation in which nuclear material is stored or disposed of, with the

exception of the storage incidental to the shipment of such material,


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2) nuclear reactor – installation containing nuclear fuel in such arrangement that a

self-sustaining chain nuclear fission reaction can proceed with no additional

neutron source,

3) nuclear fuel – material which is capable of producing energy through a self-

sustaining chain nuclear fission reaction,

4) nuclear material:

a) nuclear fuel, with the exception of natural uranium or depleted uranium,

capable of producing energy through a self-sustaining chain nuclear fission

reaction outside of nuclear reactor, either by itself or in combination with

other materials,

b) radioactive products or waste – radioactive material generated in the

processes of nuclear fuel manufacture or use, or material which became

radioactive after irradiation during such processes, but with the exception of

radioactive isotopes which have reached the final stage of their

manufacturing so that they could be used for applications in research,

medicine, agriculture, trade or industry,

5) nuclear damage:

a) personal injury,

b) damage to property,

c) damage to the environment as a common property – the costs of recovery

measures implemented to restore the environment viewed as common

property to its unimpaired status, unless the impairment is insignificant,

- to the extent that the damage is caused by, or related to, the ionizing

radiation emitted by any radiation source inside a nuclear installation, or

emitted from nuclear fuel, radioactive materials, radioactive waste, or

by nuclear material originating in, or introduced into, a nuclear

installation, when such damage results from radioactive properties of

such substance or from the combination of radioactive properties with

toxic, explosive or other dangerous properties of such substance,

6) recovery measures (undertaken to restore the environment to its unimpaired

status) – all properly applied measures to reinstate or repair all damaged or

destroyed components of the environment or – whenever justified – to

introduce their equivalent substitutes,


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7) countermeasures – all appropriate measures undertaken in the aftermath of

nuclear incident to prevent or mitigate the nuclear damage referred to in Item

5,

8) nuclear incident – any occurrence or a series of occurrences having the same

origin, resulting in nuclear damage or a grave and imminent threat of causing

such damage,

9) operator – entity which operates a nuclear installation,

10) SDR – an accounting unit established by the International Monetary

Fund.

Article 100a. 1. Nuclear damage shall be compensated according to the principles

established in the provisions of the Civil Code, subject to the exceptions provided for in

this Act.

2. Nuclear damage to the environment, viewed as common property, shall be

compensated in the form of reimbursement of the cost of recovery measures implemented

by properly authorized bodies or by other entities on the basis of the decision by these

properly authorized bodies.

3. Compensation of nuclear damage shall include also the reimbursement of the costs of

countermeasures.

4. If the implementation of countermeasures resulted in personal injury, or damage to

property or environment viewed as common property, then such damage shall be treated

as nuclear damage referred to in Article 100, Item 5.

Article 101. 1. Exclusive liability for nuclear damage caused by a nuclear incident in

nuclear installation or related to this installation, shall be borne by the operator, with the

exception of damage caused directly by acts of war or armed conflict.

2. During the transport of nuclear materials the liability shall lie with the operator of

nuclear installation from which such materials have been dispatched, unless otherwise

stipulated in the contract with the recipient.

3. If the individual, who incurred the damage, has caused or aggravated this damage by

intentional behaviour, then the court of justice may exempt the operator, wholly or

partially, from the obligation to compensate the damage incurred by this individual.


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Article 102. 1. The operator’s liability for nuclear damage shall be limited to the

amount equivalent to SDR 300,000,000.

2. In the event when the claims for nuclear damage exceed the amount referred to in

Section 1, the operator shall establish a limited liability fund. The procedures for the

establishment and distribution of this fund shall be regulated, as appropriate, by the

provisions of the Sea Code on the limited liability for sea claims, subject to Sections 3-5.

3. Jurisdiction in matters related to the establishment of the fund and to its distribution

shall lie with the District Court in Warsaw.

4. A petition to start the proceedings related to the establishment and distribution of the

fund should conform to general conditions for petitions to start legal proceedings and

additionally should include:

1) name of the nuclear installation,

2) identification of the nuclear incident that constitutes the basis for claims and the

information on the activities aimed at the determination of this incident’s

scenario,

3) description of the type of claims to be settled and creditors to be satisfied from the

fund, as well as information on the claims, which already - according to the

applicant’s knowledge - have been brought to the court,

4) statement of the intention to establish the fund, the justification of its value and

the description of the method of its establishment.

5. Documents containing the data relevant to the fund’s value should be submitted

together with the petition.

Article 103. 1. The operator shall be obliged to conclude a contract for insurance

against civil liability for nuclear damage.

2. If any nuclear material is transported from a nuclear facility, the operator,

notwithstanding the obligation referred to in Section 1, shall be obliged to conclude

a contract for insurance against civil liability for nuclear damage during

transportation.

3. The obligation to conclude a contract for insurance referred to in Section 1 shall

arise no later than on the day preceding the commissioning of the nuclear facility,

and for non-commissioned facilities – no later than on the day preceding the starting

day of the nuclear facility operation.


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4. The obligation to conclude a contract for insurance referred to in Section 2 shall

arise no later than on the day preceding the transportation of nuclear material from

the nuclear facility.

5. The civil liability insurance referred to in Sections 1 and 2 shall cover damages

incurred throughout the insurance period. The insurance company shall not be

authorized to contractually limit the insurance cover.

6. Subject to Section 7, the minimal guaranteed amount of the insurance as referred

to in Sections 1 and 2 in relation to a single event whose consequences are covered

by the insurance contract shall be equivalent to SDR 300,000,000.

7. The minimal guaranteed amount of the insurance:

1) referred to in Section 1 – for research reactor or a nuclear facility where

nuclear material from the research reactor is kept or stored,

2) referred to in Section 2 – for transportation of nuclear material from nuclear

facilities stated in Item 1

– in relation to a single event whose consequences are covered by the insurance

contract – no lower than an equivalent in PLN to SDR 400,000, and no higher than

an equivalent in PLN to SDR 5,000,000.

8. If:

1) any nuclear material originating from a different nuclear facility other than

the facility referred to in Section 7, Item 1 is kept or stored at the facility

referred to in Section 7, Item 1,

2) any nuclear material originating from different nuclear facilities is

transported jointly with nuclear material from the facility referred to in

Section 7, Item 1,

- the minimal value for the guarantee of the obligatory insurance referred to in

Sections 1 and 2 in relation to a single event whose consequences are covered by the

insurance contract shall be equivalent to the amount stated in Section 6.

9. The equivalent in PLN as referred to in Sections 6 and 7 shall be calculated based

on the first average exchange rate of the National Bank of Poland quoted in the year

when the insurance contract is concluded.

10. The minister competent for the matters of financial institutions, in cooperation

with the minister competent for economic matters, shall establish by regulation the

value of the minimum guaranteed amount of the insurance:


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1) referred to in Section 1 – for nuclear installations referred to in Section 7,

Item 1,

2) referred to in Section 2 – for transportation referred to in Section 7, Item 2,

– in relation to a single event whose consequences are covered by the insurance

contract, taking into account various types of nuclear installations referred to in

Section 7, types of the intended uses of such installations, the scale of potential

threats associated with their use, as well as social and economic characteristics of the

operator.

Article 103a. 1. The operator of nuclear installations from which nuclear material is

to be shipped shall submit to the organizational entity responsible for the

transportation an insurance document, drawn up by the insurer, which confirms

that such insurance contract has been concluded, as referred to in Article 103,

Section 2.

2. The insurance document referred to in Section 1 shall include:

1) name and address of the insurer;

2) name and address of the operator;

3) indication of:

a) insurance period;

b) guaranteed insurance amount;

4) type of transported nuclear material covered by the insurance;

5) signature, name and job title of the person who issued the document.

3. The insurance document referred to in Section 1 shall be submitted along with a

statement of the nuclear regulatory body confirming that the person referred to in

Section 2, Item 2 is an operator within the meaning of Article 100, Item 9;

Article 103b. 1. Nuclear regulatory bodies shall be authorized to control and verify

the compliance with the obligation to conclude an insurance contract referred to in

Article 103.

2. The compliance with the obligation to conclude an insurance contract referred to

in Article 103 shall be verified on the basis of an insurance document, drawn up for


138

the operator by the insurer, which confirms that such insurance contract has been

concluded.

3. The operator who has failed to comply with the obligation to conclude an

insurance contract referred to in Section 103 shall make a payment to the national

budget in the amount of 20% of minimal guaranteed amount of the insurance. Such

payment shall not exempt the operator from the obligation to conclude an insurance

contract.

4. If the operator fails to submit a document confirming the conclusion of insurance

contract referred to in Article 103, or the proof of insurance payment, then nuclear

regulatory body shall call on the operator demanding that within 30 days the

operator will:

1) produce the documents confirming that the insurance contract has been

concluded:

a) referred to in Article 103, Section 1 by the deadline specified in Article 103,

Section 3;

b) referred to in Article 103, Section 2 by the deadline specified in Article 103,

Section 4;

2) in the event of lack of the documents confirming the conclusion of insurance

contract – it shall make the payment referred to in Section 3 and produce the

documents confirming the conclusion of insurance contract at a later time.

5. The payment referred to in Section 3 shall be collected under the regulations for

execution proceedings in administration.

Article 103c. 1. If, apart from the damage to the property or environment, nuclear

incident caused also personal injury, 10% of the insurance guarantee sum shall be

earmarked for settling the claims involving nuclear damage resulting in personal

injury.

2. If within 5 years from the date of nuclear incident the claims against the operator

involving nuclear damage resulting in personal injury do not exceed the total

amount of the guarantee earmarked exclusively for settling such claims, then the

remainder of this guarantee shall be used for settling the claims involving damage to

the property or environment, and also the claims for personal injury brought up not

later than within 10 years from the date of the nuclear incident.


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3. The National Treasury shall guarantee the payment of compensation for nuclear

damage:

1) up to the amount stated in Article 102, Section 1, and

2) to the extent that the damage could not be settled by the insurer from the

insurance contract referred to in Article 103, and in cases referred to in

Article 98, Section 2, Item 2 of the Compulsory Insurance, Insurance

Guarantee Fund and Polish Motor Insurers' Bureau Act of 22 May 2003

(Journal of Laws No. 124, Item 1152, with later amendments) to the extent

that the damage failed to be compensated by the insurer and the Insurance

Guarantee Fund.

Article 104. 1. Claims for nuclear damage may be filed directly against the insurer.

2. In the case referred to in Section 1, the insurer may benefit from the limitation of

liability and of other defensive measures, to which the operator is entitled.

Article 105. 1. The claim for compensation for nuclear damage resulting in personal

injury shall not be barred by statute of limitations.

2. The claim for compensation for nuclear damage to the property or environment shall be

barred by statute of limitations after 3 years from the date when the party incurring the

damage acquired, or should have acquired, knowledge of the damage and of the liable

party’s identity. However such claims shall expire after 10 years from the date of nuclear

incident.

3. The right to claim the compensation for nuclear damage to the environment shall be

vested in the minister competent for environmental matters.

Article 106. 1. In the event of nuclear damage that has been caused by nuclear incident

occurring within the territory of the Republic of Poland, the jurisdiction for damage

claims shall lie with the district courts of law.

2. Cases related to damage claims proceedings shall be regulated by the provisions of the

Civil Proceedings Code.

3. In the event of nuclear damage that has been caused by nuclear incident occurring

outside the territory of the Republic of Poland, the courts’ jurisdiction for damage claims


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shall be determined by the Vienna Convention on Civil Liability for Nuclear Damage,

adopted in Vienna on 21 May 1963 (Journal of Laws of 1990 No 63, Item 370 and 371).

Article 107. 1. On the issues not covered by this Chapter, nuclear installations shall be

regulated by relevant regulations for nuclear facilities.

2. Damage claims, to the extent not covered by this Chapter, shall be regulated by the

provisions of the Civil Code.

Article 108. Provisions of this Chapter shall not infringe upon the regulations on the

payment of benefits for occupational injuries and occupational illnesses.

Chapter 12a

Activities pertinent to the development of nuclear power

Article 108a. In performing activities involving the use of atomic energy for social and

economic objectives of the state, the minister competent for economic matters shall

undertake activities aimed at the nuclear power development, and in particular, he/she

shall:

1) develop plans for projects and strategies related to the development and

functioning of nuclear power sector in Poland, and in particular, the draft

version of the Polish Nuclear Power Programme;

2) coordinate the implementation of plans and strategies related to the

development of nuclear power, and shall also prepare guidelines for changing

them;

3) carry out activities related to the public communication, education,

popularization, and also scientific, technical and legal information related to

nuclear power sector, subject to Article 110, Item 6;

4) conduct activities aimed at:

a) ensuring competent professionals in the nuclear power sector,

b) developing nuclear technologies,

c) involving Polish industry in the fulfilment of tasks in the nuclear power sector.

5) monitor the uranium market and the nuclear fuel cycle market.


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Article 108b. 1. The Polish Nuclear Power Programme, hereinafter referred to as the

“Programme”, shall define, in particular:

1) objectives and tasks related to the development and functioning of nuclear

power sector in the Republic of Poland;

2) action plan related to the public communication, education, and also scientific,

technical and legal information concerning nuclear power sector;

3) cooperation plan in connection with research on nuclear power sector.

2. The minister competent for economic matters shall develop a draft version of the

Programme in cooperation with the minister competent in the matters of science, to the

extent specified in Section 1, Item 3.

Article 108c. 1. The Programme shall be developed according to the principle of

sustainable development of the state, and shall include:

1) assessment of the Programme implementation in the previous period;

2) forecasts covering the period of at least 20 years;

3) executive plan for the period of 12 years, including specific implementation

measures.

2. The Programme shall be elaborated every 4 years.

Article 108d. 1. The Programme shall be approved by means of a resolution by the

Council of Ministers, on request of the minister competent for economic matters.

2. The Programme shall be understood as a long-term programme within the meaning

of Public Finance Law Act of 27 August 2009 (Journal of Laws No. 157, Item 1240

with later amendments).

3. The resolution of the Council of Ministers, referred to in Section 1, shall be

published by the minister competent for economic matters in the Official Journal of the

Republic of Poland “Monitor Polski” (“Polish Monitor”) along with the Programme.

Article 108e. 1. The minister competent for economic matters shall draft a report

concerning the implementation of the Programme until the 30 June every two years, to

be submitted to the Council of Ministers.


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2. The minister competent for economic matters shall announce the report concerning

the implementation of the Programme approved by the Council of Ministers in the

Official Journal of the Republic of Poland “Monitor Polski” (“Polish Monitor”).

Chapter 13

The President of the National Atomic Energy Agency

Article 109. 1. The President of the National Atomic Energy Agency constitutes the

central organ of the governmental administration, competent for nuclear safety and

radiological protection matters to the extent specified in this Act.

2. The Agency’s President shall be appointed by the Prime Minister, from among people

selected in an open and competitive recruitment process, following the request of the

minister competent for environmental matters. The Agency’s President shall be recalled

by the Prime Minister.

3. Following the request of the Agency’s President, the minister competent for

environmental matters shall appoint the Agency’s deputy presidents from among people

selected in an open and competitive recruitment process. Agency’s deputy presidents

shall be recalled by the minister competent for environmental matters following the

request of the Agency’s President.

3a. The position of the Agency’s President can be assumed by an individual who:

1) holds an academic degree of Master of Science or equal;

2) is a Polish citizen;

3) has full legal capacity;

4) has not been convicted by a legally valid judgement for intentional offence or

intentional tax offence;

5) has managerial competences and skills;

6) has at least been working for 6 years, including at least 3 year working experience

in management;

7) has necessary education and knowledge in the matters lying in competence of the


3b. Information concerning the recruitment for the position of Agency’s President shall

be made known to the general public by placing an announcement in the public space in

the seat of the Agency, publishing it on the Agency’s Public Information Bulletin website


143

and Public Information Bulletin website of the Chancellery of the Prime Minister. The

announcement shall contain:

1) name and address of the Agency;

2) name of the position;

3) requirements for the position in accordance with the provisions of law;

4) tasks and responsibilities regarding the position;

5) description of required documents;

6) place and deadline for document submission.

7) information concerning methods and techniques of a recruitment process.

3c. The term for submitting required documents shall not be less than 10 days from the

day when the announcement is published on the Public Information Bulletin website of

the Chancellery of the Prime Minister.

3d. The recruitment for the position of the Agency’s President shall be carried out by a

team appointed by the minister competent for environmental matters, which will consists

of at least 3 experts whose competences and experience guarantee that only the best

candidates will be selected. During the recruitment process, recruiters shall assess the

candidate’s professional experience, knowledge necessary for the performance of tasks

related to the position concerned and managerial competences.

3e. The assessment of knowledge and managerial competences as referred to in Section

3d may be performed, following the recruitment team’s request, by a person not being

member of the team who has suitable qualifications to make such assessment.

3f. Every team member and expert as referred to in Section 3e shall be obliged to keep in

confidentiality all the information, obtained in the course of the recruitment process,

concerning candidates applying for the position of Agency’s President.

3g. In the course of recruitment process, the team shall select not more than 3 candidates

to be presented to the minister competent for environmental matters.

3h. The recruitment team shall draw up a protocol concerning the recruitment process

including:


2) description of the position for which the recruitment process was carried out, and

a number of candidates;


144

3) names and addresses of not more than 3 top candidates ranked in accordance with

the criteria for the fulfilment of requirements determined in the recruitment

announcement;

4) information regarding recruitment methods and techniques applied;

5) justification for the selection made or reasons for non-selection of the candidate;

6) composition of recruitment team.

3i. The recruitment results shall be announced promptly by placing the appropriate

information on the Public Information Bulletin of the Agency and on the Public

Information Bulletin of the Chancellery of the Prime Minister. The information about the

recruitment results shall include:


2) description of position for which the recruitment process was carried out;

3) names of the chosen candidates and their residence addresses within the meaning

of the Civil Code or information about the non-selection of candidate;

3j. The placement of information in the Public Information Bulletin of the Chancellery of

the Prime Minister shall be free of charge.

3k. The recruitment team for the positions referred to in Section 3 shall be appointed by

the Agency’s President.

3l. The provisions contained in Sections 3a – 3j shall apply as appropriate to the method

of recruitment for positions referred to in Section 3.

4. The minister competent for environmental matters shall supervise the Agency’s

President.

Article 110. The scope of activities of the Agency’s President shall include the tasks that

involve ensuring national nuclear safety and radiological protection, in particular:

1) preparation of draft documents related to national policies involving nuclear

safety and radiological protection, taking into account the program for nuclear

power development and both internal and external threats,

2) exercising regulatory control and supervision over the activities leading to actual

or potential ionizing radiation exposure of humans and environment, including

the issuance of decisions on licences and authorizations and other decisions, as

provided in this Act,


145

3) promulgation of technical and organizational recommendations concerning

nuclear safety and radiological protection,

4) performing the tasks involving the assessment of national radiation situation in

normal conditions and in radiation emergency situations, and the transmission of

relevant information to appropriate authorities and to the general public,

5) performing the tasks resulting from the obligations of the Republic of Poland

concerning accountancy and control of nuclear materials, physical protection of

nuclear materials and facilities, special control measures for foreign trade in

nuclear materials and technologies, and from other obligations resulting from

international agreements on nuclear safety and radiological protection,

6) activities connected with public communication, education and

popularization, scientific, technical and legal information concerning nuclear

safety and radiological protection, including activities consisting in providing

the general public with information about ionizing radiation and its impact

on human health and the environment and about feasible measures to be

implemented in the event of radiation emergency – excluding the promotion

of the use of ionizing radiation, and in particular, the promotion of nuclear

power sector;

7) cooperation with governmental and local administration authorities in matters

involving nuclear safety and radiological protection, and in matters

concerning scientific research in nuclear safety and radiological protection;

8) performing the tasks involving national and civil defence and the protection of

classified information, which result from other regulations,

9) preparing opinions, for the purposes of governmental and local

administration, concerning nuclear safety and radiological protection with

regard to the proposed technical activities involving peaceful uses of atomic

energy;

10) cooperation with suitable foreign national entities and international

organizations within the scope stated herein;

11) developing the drafts of legal acts on the issues covered by this Act and

conducting the process of establishing their final form, according to the

procedures established in the working rules for the Council of Ministers,

12) issuing opinions on the draft legal acts developed by authorized bodies,


146

13) submitting to the Prime Minister annual reports on the activities of the Agency’s

President and the assessments of the status of national nuclear safety and

radiological protection.

Article 111. The Prime Minister may establish by regulation a detailed scope of activities

of the Agency’s President.

Article 112. 1. The Agency’s President shall execute his/her tasks through the

National Atomic Energy Agency, hereinafter referred to as “the Agency.”

2. The Council for Nuclear Safety and Radiological Protection, hereinafter referred

to as “the Council”, shall act as the consulting and opinion-giving body of the


3. The Agency’s President shall appoint the chairman of the Council, deputy

chairman, secretary and no more than 7 members from among experts in nuclear

safety, radiological protection, physical protection and nuclear material safeguards,

and other disciplines important from the viewpoint of nuclear safety supervision.

4. The Council members must hold a security clearance authorizing them to be

provided access to classified information marked with “secret” clause.

5. The Council shall be elected for the period of 4 years.

6. The Council members shall have a monthly remuneration payable in arrears,

decreased with each absence at the Council's meetings, proportionally to the

number of meetings held per month.

7. The Council members shall have travel and accommodation costs reimbursed on

the terms and conditions stated in Article 775 § 2 of the Labour Code Act of 26 June

1974.

8. The Council shall have in particular the following tasks:

1) issuing opinions following the request of the Agency's President with regard

to:

a) draft versions of licences to conduct activities defined in Article 4,

Section 1, Item 2,

b) draft versions of legal acts drawn up by the Agency's President,

c) draft versions of organizational and technical recommendations issued

by the Agency's President;


147

2) submitting initiatives concerning improvements in supervision over activities

involving exposure.

9. The Agency shall provide administrative assistance and service to the Council.

10. The Chairman of the Council shall submit to the Agency’s President until 31

January each year an annual report concerning the Council's operations for the

previous year.

11. The Agency’s President shall promptly publish the report referred to in Section

10 in the dedicated sections of the Public Information Bulletin.

12. The minister competent for environmental matters shall establish by regulation

the method and conditions of the Council’s operations and the remuneration

payable to the council members, taking in consideration the scope of responsibilities

of the Council and its performance and ensuring that the amount of aforesaid

remuneration does not exceed the amount equivalent to two and a half times of the

basic salary for civil servants as set out in the Budget Act.

Article 113. 1. Minister competent for environmental matters, in the form of an order,

shall vest the Agency with the statute establishing its internal organization.

2. A detailed organizational scheme of the Agency, its working rules and the tasks of its

organizational sub-units shall be established in organizational rules by the Agency’s

President, in the form of an order.

Article 113a. 1. The Agency's President shall, not less than every 3 years, make

assessment of nuclear regulatory activities and perform an analysis of the current

legal status in terms of its adequacy and suitability to nuclear safety and radiological

protection.

2. The Agency's President shall, at least once every 10 years, subject the national

nuclear safety and radiological protection system, including the nuclear regulatory

activities, to external international review.

3. The results of assessment and analysis referred to in Section 1, and of the review

referred to in Section 2 shall be promptly forwarded by the Agency’s President to

the minister competent for environmental matters and the Prime Minister.

4. The results of the review referred to in Section 2 shall be also promptly forwarded

by the Agency’s President to the European Commission and relevant authorities of

the member states of the European Union.


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Chapter 14

State-owned public utility “Radioactive Waste Management Plant”

Article 114. 1. State-owned public utility named “Radioactive Waste Management Plant”

located in Otwock-Świerk, hereinafter referred to as “the Plant”, shall be established for

conducting the activities involving radioactive waste management and spent nuclear fuel

management, and - above all – with the aim to ensure permanent feasibility of the

radioactive waste disposal and spent nuclear fuel disposal.

1a. The Plant shall also conduct activities consisting in the collection, transport, storage

and disposal of nuclear materials, radioactive sources and other radioactive substances.

2. The Plant may also perform activities in the field of hazardous waste management

referred to in the regulations on waste, and other activities specified in the statute referred

to in Article 121.

Article 115. 1. The Plant shall hold legal personality.

2. State authorities may undertake the decisions concerning the activity of the Plant only

in the cases covered by this Act.

Article 116. 1. The supervision over the Plant and the founding organ’s functions shall

be executed by the minister competent for economic matters.

2. The minister competent for economic matters shall control the Plant’s activities and

perform annual assessments of these activities, and shall submit the results of the

assessment to the Prime Minister not later than by 30 March of the following year.

3. The minister competent for economic matters may oblige the Plant’s director to

improve the Plant administration, or to submit and implement a corrective action

program. Such program shall be approved by the minister competent for economic

matters.

4. The minister competent for economic matters, upon finding that the Plant director’s

decision is contrary to the binding provision of law, shall order the suspension of the

aforesaid decision and shall oblige the Plant’s director to modify or cancel the decision.

5. The Plant’s director shall be entitled to appeal against the decisions taken by the

minister competent for economic matters, according to the rules and procedures

established in the regulations for state-owned enterprises.


149

Article 117. 1. The Plant shall be managed and externally represented by the director,

who shall constitute the Plant’s official organ.

2. Plant’s director shall be nominated and recalled by the minister competent for

economic matters.

3. The director may appoint and recall the Plant’s deputy directors and the Plant’s

plenipotentiaries, who shall act independently within their scope of competence.

4. The power of attorney shall be granted in a written form, otherwise it shall be deemed

null and void.

5. (repealed)

6. Worker self-governing bodies shall not operate in the Plant.

Article 118. 1. In business transactions the Plant shall act in its own name and on its own

account.

2. The Plant shall charge fees for conducted activities, in the amount established in the

service price list approved by the minister supervising the Plant’s operation.

3. Sale and management of tangible fixed assets, or of organized parts of the property,

shall be regulated by the regulations for state-owned enterprises.

4. Tangible fixed assets shall not be used for settlement of the Plant’s monetary

obligations.

Article 119.2 1. The Plant shall receive from the national budget an allocated subsidy

for radioactive waste management and spent nuclear fuel management, operation of

storage facilities for spent nuclear fuel originating from research nuclear reactors,

radiological protection operations and the protection of the National Radioactive Waste

Repository, and for the collection, transport, processing, storage and disposal of

nuclear materials, radioactive sources and other radioactive substances.

1a. The Plant may receive a special purpose subsidy to co-finance the implementation

costs of projects related to the conduct of activities referred to in Article 114, Sections 1

and 1a.

2 In accordance with Article 6 of the Act of Parliament of 13 May 2011 amending the Atomic Law

and Other Laws (Journal of Laws, No 132, Item 766) the previous provisions shall apply to the

accounting of allocated subsidy granted before 31 December 2011.


150

2. (repealed)

3. The Plant’s director shall submit to the minister competent for economy matters the

accounting for received subsidy, in accordance with the regulations issued under

Article 120, Section 2.

Article 119a. In the event that the Plant has to perform an unplanned collection,

transport, processing, storage or disposal of radioactive waste or other radioactive

substance, which came from illegal trade or of unknown origin, from the activities of an

organizational entity that became insolvent upon the termination of its operation, or from

the environment contamination by unknown perpetrator, the costs of such services shall

be covered from the national budget.

Article 120. 1. Plant’s finances shall be managed according to the rules for finance

management in state-owned enterprises, unless otherwise provided in this Act.

2. The Council of Ministers shall establish by regulation the manner of determining the

value and clearance procedures for the subsidies referred to in Article 119, Sections 1 and

1a, including the type of documents and data which shall be taken into account during the

determination of the value and the terms of clearance of the subsidies, and manner of

determining the fees referred to in Article 118, Section 2, including the factors which

should be taken into account during the determination of the fees, the procedure and dates

for publication of service price lists of the Plant, and the Plant’s financial management

policies, including the audits of financial statements and selection of registered auditors,

and also the competent authority for final approval of the Plant’s annual financial reports,

procedures for disposal of property, financing of salaries and investments, and also the

procedures for decision making on financial matters.

Article 121. 1. Detailed tasks, organizational scheme, procedures for creating local

branch offices and their powers, internal control system and operating rules for the Plant

shall be established in the Plant’s statute. Additional tasks shall be specified taking into

account the necessity for ensuring the implementation of the tasks for which the Plant has

been established, the division of the Plant into the task and service departments, the scope

of issues, which shall not be delegated to local branch offices.

2. Statute may provide for the establishment of advisory and opinion-making bodies for

the Plant’s director.


151

3. The Plant shall receive its statute in the form of order issued by the minister

competent for economic matters.

Article 122. The Provisions of the Act of Parliament of 30 August 1996 on the

Commercialization and Privatization of State-owned Enterprises (Journal of Laws of

2002 No 171 Item 1397 with later amendments) shall not be applicable to the Plant.

Chapter 15

Administrative fines and penal regulations

Article 123. 1. Upon the head of organizational entity, who:

1) without a required licence or in violation of such licence conditions, or without a

required notification, engages in the activities referred to in Article 4, Section 1 or

in the import or export referred to in Article 62, Section 1; or fails to fulfill the

obligation referred to in Article 8a; or employs the workers who do not possess

the authorizations, qualifications or skills established in this Act;

1a) engages in import into the territory of the Republic of Poland, export from the

territory of the Republic of Poland or transit through this territory of radioactive

waste and spent nuclear fuel without the licence referred to in Article 62c,

Section 1 or without the permit referred to in Article 62d, Section 1, or in

violation of their conditions;

2) bearing the responsibility for nuclear safety and radiological protection, allows

the exposure of a worker or some other individual in violation of the provisions

of Article 14, Section 1 involving the provisions of Article 25, Item 1, and Article

19, Section 1 and Article 20, Sections 1-3;

3) fails to fulfil his responsibilities concerning nuclear safety and radiological

protection for work involving nuclear materials, ionizing radiation sources,

radioactive waste and spent nuclear fuel, or during the preparation of these

materials for transport and during their disposal;

4) loses or leaves without proper protection nuclear material, ionizing radiation

source, radioactive waste or spent nuclear fuel consigned to his care;

5) fails to fulfil the requirements concerning dosimetric control or the accountancy

of nuclear materials, ionizing radioactive sources, radioactive waste and spent

nuclear fuel;


152

6) prevents or impedes the conduct of regulatory inspection concerning nuclear

safety or radiological protection, or refuses to give information or gives false

information or conceals the truth in matters concerning nuclear safety and

radiological protection;

7) fails to fulfil the requirement referred to in Article 41b, Sections 2-9, Article 41c,

Article 41d, Section 1, Item 1 or Article 41e, Items 1-3;

8) fails to fulfil the requirement referred to in Article 43a, Sections 1 or 2 or Article

43b, Section 1

- monetary fine shall be imposed in the amount not exceeding the fivefold average

monthly pay in the national economy in the calendar year prior to the commitment of the

offense, published by the President of the Central Statistical Office under the Article 20,

Item 1, Letter a of the Act of Parliament of 26 July 1991 on Retirement and Disability

Payments from Social Security Fund (Journal of Laws of 2004, No 39 Item 356 with later

amendments).

1a. If the head of organizational entity conducting activities involving exposure and

consisting in construction, commissioning, operation or decommissioning of a

nuclear power plant commits the acts referred to in Section 1, he/she shall be

charged a penalty up to two hundred times equivalent of the average salary in the

national economy in the calendar year preceding the commitment of the act, as

published by the President of the Central Statistical Office, pursuant to Article 20,

Item 1, Letter A of the Act of 17 December 1998 on Retirement Pensions and Other

Pensions from the Social Insurance Fund (Journal of Laws of 2009 No. 153, Item

1227, with later amendments).

2. A monetary fine, in the amount not exceeding the twofold average monthly pay

referred to in Section 1, shall be imposed upon the worker employed in a nuclear facility,

who fails to notify the head of organizational entity or the nuclear regulatory body of the

occurrence or condition, which may endanger nuclear safety or radiological protection.

3. The organizational entity conducting activities involving exposure and consisting

in construction, commissioning, operation or decommissioning of a nuclear power

plant which:

1) conducts these activities without being authorized to do so or in default of

the licence conditions;

2) introduces renovation changes in any nuclear power plant system,

construction element or installation which is relevant to the nuclear safety


153

and radiological protection without or against the approval of the Agency's

President in writing;

3) starts the reactor after a nuclear fuel load or renovation of any nuclear

power plant system, construction element or installation without approval of

the Agency’s President in writing;

4) operates the nuclear power plant despite the fact that the periodical safety

report has been rejected by the Agency’s President.

- shall be charged a penalty up to five hundred times equivalent of the average pay

in the calendar year preceding the commitment of the act, as published by the

President of the Central Statistical Office, pursuant to Article 20, Item 1, Letter a of

the Act of 17 December 1998 on Retirement Pensions and Other Pensions from the

Social Insurance Fund.

Article 124. 1. Fines referred to in Article 123, in the form of an administrative decision,

shall be imposed by:

1) Chief Nuclear Regulatory Inspector – in the cases when the licence is issued, or

notification is received, by the Agency’s President,

2) state regional sanitary inspector, commander of the military centre of preventive

medicine, or sanitary inspector of the Ministry of Home Affairs and

Administration – in the cases when the licence is issued by these bodies.

2. Decision referred to in Section 1 shall be promptly executed.

Article 125. 1. A fine cannot be imposed after a lapse of 5 years from the date when the

offense has been committed.

2. A fine shall not be collected after a lapse of 5 years from the date of the final decision

to impose this penalty.

Article 126. 1. Fines referred to in Article 123, together with the default interest, shall be

collected according to the procedure established in the regulations for execution

proceedings in administration.

2. Proceeds from the fines shall constitute the income for national budget.


154

Article 127. Whoever does not respect the ban on animal grazing on contaminated area,

or the ban on feeding contaminated feeding stuffs and water to the animals, shall be

subject to detention or fine.

Article 127a. Whoever fails to fulfil the requirement referred to in Article 22, Section 3

shall be subject to a fine.

Article 127b. Whoever fails to fulfil the requirement referred to in Article 41f, Item 1,

Article 41g, Sections 1 2, Article 41h, Section 1 or Article 41i, Section 1 shall be subject

to a fine.

Article 127c. 1. Whoever prevents or impedes the conduct of control referred to in

Article 41b, Item 1, Article 41d, Sections 1, Item 2, Article 41e, Item 4, Article 41f, Item

2, Article 41g, Section 3, Article 41h, Section 2, Article 41i Section 2, Article 41j or

Article 41k, Section 1 shall be subject to a fine.

2. Whoever prevents or impedes the conduct of control referred to in Article 48, Article

71 or Article 73 of the Agreement referred to in Article 40, Item 6 shall be subject to a

fine.

3. Whoever prevents or impedes the conduct of control referred to in Article 81 of the

Euratom Treaty shall be subject to a fine.

Article 127d. Cases involving the deeds referred to in Articles 127-127c shall be ruled

upon in accordance with the Misdemeanour Proceedings Code.

Chapter 16

Transitional, adaptive and final provisions

Article 128. The Property of the Experimental Plant for Radioactive Waste Management,

legally and organizationally separated out from the property of the research and

development entity Atomic Energy Institute located in Otwock-Świerk, shall become the

property of the Plant referred to in Article 114, Section 1.

Article 129. The Minister competent for National Treasury matters, by arrangement with


155

the minister competent for public finance matters, may endow the Plant with property

other than that referred to in Article 128.

Article 130. (omitted)

Article 131. Workers employed in the Experimental Plant for Radioactive Waste

Management of the Atomic Energy Institute shall become the workers of the Plant in

accordance with Article 231 of the Labour Code.

Article 132. The Minister of National Defence with regard to the organizational entities

under his authority, and the minister competent for home affairs with regard to the Police,

National Fire Service, National Border Guard and the organizational entities under his

authority, after consulting the Agency’s President, shall establish by regulation the

procedures for the implementation this Act in these entities.

Article 133. 1. The Chief Nuclear Regulatory Inspector and regulatory inspectors, who

have been appointed or authorized before the date of entry into force of this Act, shall

become respectively the Chief Nuclear Regulatory Inspector and regulatory inspectors

within the meaning of this Act.

2. Licences issued under the Act referred to in Article 138 shall be valid for the time

defined in the licence.

3. Authorizations obtained under the provisions of Article 33, Section 3, Item 1 and

Section 4 of the Act referred to in Article 138 shall be valid for the time defined in the

authorization.

4. Licences related to the radioactive substances purchase and use, issued under the

regulations valid before the act referred to in Article 138 has entered into force, and in

particular those issued under the:

1) Regulation of the Council of Ministers of 18 June 1968 on safety and hygiene in

work involving ionizing radiation applications (Journal of Laws, No 20,

Item122);

2) Resolution of the Council of Ministers No 266/64 of 29 August 1964 on the use

of radioactive substances;


156

3) Regulation No 23/70 of 21 July 1970 of the Government Plenipotentiary for

Nuclear Energy Uses on radioactive substances purchase and applications

- shall be valid until their replacement by the licences issued under this Act, but not

longer than for 24 months from the date of entry into force of this Act.

5. The National Radioactive Waste Repository in Różan, specified in the regulations

issued under the act referred to in Article 138, shall be recognized as the National

Radioactive Waste Repository within the meaning of this Act.

6. The proceedings, which have been initiated before the date of the entry into force of

this Act, shall be continued and concluded in accordance with previous regulations.

Articles 134 – 137 (omitted)

Article 138. The Act of Parliament of 10 April 1986 – Atomic Law (Journal of Laws of

1987 No 12 Item 70; and of 1991 No 33 Item 180; and of 1994 No 8 Item 28; and of

1995 No 90 Item 418; and of 1996 No 104 Item 515; No 24 Item 110 and No 106 Item

496) is hereby repealed.

Article 139. This Act shall enter into force on 1 January 2002, with the exception of:

1) Chapter 13 and Article 136, which shall enter into force 14 days after the date of

publication,

2) Article 21, Section 2 and Article 27, Section 2, which shall enter into force 24

months after the date of publication.


157

Annex no 1

DEFINITIONS OF THE ABSORBED DOSE, EQUIVALENT DOSE, AND

EFFECTIVE DOSE.

Absorbed dose D: ionizing radiation energy transferred to the matter contained in a

volume element, divided by the mass of this element, expressed by the formula:

_

D = d / dm

where

_

- d is the mean value of transferred energy

- dm is the mass of matter contained in the volume element.

Absorbed dose means the dose averaged over the tissue or organ. Legal unit of absorbed

dose is gray (Gy).

Equivalent dose HT: dose absorbed in the tissue or organ T, weighted for the type and

energy of the ionizing radiation R, expressed by the formula:

HT = R wR DT, R

where

- DT, R is the absorbed dose from ionizing radiation R, averaged over the tissue or organ T,

- wR is the weighting factor for radiation R.

Legal unit of equivalent dose is sievert (Sv).

Effective dose E: sum of weighted equivalent doses from external and internal irradiation

of tissues and organs, expressed by the formula:

E = T wT HT = T wT R wR DT, R

where

- DT, R is the absorbed dose from radiation R, averaged over the tissue or organ T,

- wR is the weighting factor for ionizing radiation R,

- wT is the weighting factor for the tissue or organ T.


158

Annex no 2

THRESHOLD LEVELS OF ACTIVITY AND RADIOACTIVE CONCENTRATION

OF RADIOACTIVE ISOTOPES

Radioactive isotope Activity (Bq)

P1

Activity (Bq)

P2

Radioactive

concentration

(kBq/kg)

1 2 3 4

Attention: for figures - see Polish version

Explanations:

(a) Level of activity including the contribution from daughter isotopes with half-lives

shorter than 10 days.

(b) Including neutron sources with beryllium.

Isotopes marked with "+" or "nat" (natural) denote parent isotopes in secular equilibrium

with their daughters listed below; in such cases, the threshold activity values for an

orphan source listed in the table apply only to the parent isotopes since they account also

for the daughter isotope contribution:

Parent isotopes Daughter isotopes

1 2

Attention: for figures - see Polish version


159

Annex no 3

SYMBOL OF IONIZING RADIATION

i) This act provides transposition of following directives of European Communities:

1) Council Directive of 27 November 1989 on informing the general public about health protection

measures to be applied and steps to be taken in the event of a radiological emergency (OJ L

357, 07/12/1989 p. 31 – 34 with later amendments);

2) Council Directive of 4 December 1990 on the operational protection of outside workers exposed

to the risk of ionizing radiation during their activities in controlled areas (OJ L 349, 13/12/1990

p. 21 - 25 with later amendments);

3) Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments

of radioactive waste between Member States and into and out of the Community (OJ L 035 ,

12/02/1992 p. 24 - 28);

4) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the

protection of the health of workers and the general public against the dangers arising from

ionizing radiation. (OJ L 159 of 29.6.96);

5) Council Directive 97/43/Euratom Council Directive 97/43/Euratom of 30 June 1997 on health

protection of individuals against the dangers of ionizing radiation in relation to medical

exposure, and repealing Directive 84/466/Euratom (OJ L 180, 9.7.1997, p. 22–27);

6) Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity

sealed radioactive sources and orphan sources (OJ L 346 , 31/12/2003 p. 57 - 64);