Decreto n.º 12/2009, de 21 de Abril de 2009
Decreto n. 12/2009
de 21 de Abril
Atendendo a que se pretende contribuir para o alcance e a manutençáo de um elevado nível de segurança, de índole mundial, na gestáo do combustível usado e dos resíduos radioactivos, através do reforço de medidas nacionais e da promoçáo da cooperaçáo ao nível internacional;
Reconhecendo que a Convençáo Conjunta sobre a Segurança da Gestáo do Combustível Usado e a Segurança da
Gestáo dos Resíduos Radioactivos, adoptada pela Conferência Geral da Agência Internacional de Energia Atómica, em Viena, em 5 de Setembro de 1997, tem por objectivo o estabelecimento e manutençáo de todas as defesas possíveis que se julgam eficazes contra os potenciais riscos para os indivíduos, a sociedade e o ambiente, da exposiçáo a radiaçóes ionizantes:
Assim:
Nos termos da alínea c) do n. 1 do artigo 197. da Constituiçáo, o Governo aprova, para adesáo, a Convençáo
Conjunta sobre a Segurança da Gestáo do Combustível
Usado e a Segurança da Gestáo dos Resíduos Radioactivos, adoptada pela Conferência Geral da Agência Internacional de Energia Atómica, em Viena, em 5 de Setembro de 1997, cujo texto, na versáo autenticada na língua inglesa, assim como a respectiva traduçáo para língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 5 de Fevereiro de 2009. - José Sócrates Carvalho Pinto de Sousa - Luís Filipe Marques Amado - Emanuel Au-gusto dos Santos - Humberto Delgado Ubach Chaves Rosa - Manuel Frederico Tojal de Valsassina Heitor.
Assinado em 13 de Março de 2009.
Publique-se.
O Presidente da República, ANÍBAL CAVACO SILVA.
Referendado em 19 de Março de 2009.
O Primeiro -Ministro, José Sócrates Carvalho Pinto de Sousa.
JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT
Preamble
The Contracting Parties:
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Recognizing that the operation of nuclear reactors generates spent fuel and radioactive waste and that other applications of nuclear technologies also generate radioactive waste;
ii) Recognizing that the same safety objectives apply both to spent fuel and radioactive waste management;
iii) Reaffirming the importance to the international community of ensuring that sound practices are planned and implemented for the safety of spent fuel and radioactive waste management;
iv) Recognizing the importance of informing the public on issues regarding the safety of spent fuel and radioactive waste management;
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Desiring to promote an effective nuclear safety culture worldwide;
vi) Reaffirming that the ultimate responsibility for ensuring the safety of spent fuel and radioactive waste management rests with the State;
vii) Recognizing that the definition of a fuel cycle policy rests with the State, some States considering spent fuel as a valuable resource that may be reprocessed, others electing to dispose of it;
viii) Recognizing that spent fuel and radioactive waste excluded from the present Convention because they are within military or defence programmes should be managed in accordance with the objectives stated in this Convention;
ix) Affirming the importance of international co -operation in enhancing the safety of spent fuel and radioactive waste management through bilateral and multilateral mechanisms, and through this incentive Convention;
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Mindful of the needs of developing countries, and in particular the least developed countries, and of States with economies in transition and of the need to facilitate existing mechanisms to assist in the fulfillment of their rights and obligations set out in this incentive Convention;
xi) Convinced that radioactive waste should, as far as is compatible with the safety of the management of such material, be disposed of in the State in which it was generated, whilst recognizing that, in certain circumstances, safe and efficient management of spent fuel and radioactive waste might be fostered through agreements among Contracting
Parties to use facilities in one of them for the benefit of the other Parties, particularly where waste originates from joint projects;
xii) Recognizing that any State has the right to ban import into its territory of foreign spent fuel and radioactive waste;
xiii) Keeping in mind the Convention on Nuclear Safety (1994), the Convention on Early Notification of a Nuclear
Accident (1986), the Convention on Assistance in the
Case of a Nuclear Accident or Radiological Emergency (1986), the Convention on the Physical Protection of Nuclear Material (1980), the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter as amended (1994) and other relevant international instruments;
xiv) Keeping in mind the principles contained in the interagency «International Basic Safety Standards for
Protection against Ionizing Radiation and for the Safety of Radiation Sources» (1996), in the IAEA Safety Fundamentals entitled «The Principles of Radioactive Waste Management» (1995), and in the existing international standards relating to the safety of the transport of radioactive materials;
xv) Recalling chapter 22 of Agenda 21 by the United
Nations Conference on Environment and Development in Rio de Janeiro adopted in 1992, which reaffirms the paramount importance of the safe and environmentally sound management of radioactive waste;
xvi) Recognizing the desirability of strengthening the international control system applying specifically to radioactive materials as referred to in article 1(3) of the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989);have agreed as follows:
CHAPTER 1
Objectives, definitions and scope of application
Article 1
Objectives
The objectives of this Convention are:
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To achieve and maintain a high level of safety worldwide in spent fuel and radioactive waste management, through the enhancement of national measures and international co -operation, including where appropriate, safety -related technical co -operation;
ii) To ensure that during all stages of spent fuel and radioactive waste management there are effective defenses against potential hazards so that individuals, society and the environment are protected from harmful effects of ionizing radiation, now and in the future, in such a way that the needs and aspirations of the present generation are met without compromising the ability of future generations to meet their needs and aspirations;
iii) To prevent accidents with radiological consequences and to mitigate their consequences should they occur during any stage of spent fuel or radioactive waste management.
Article 2
Definitions
For the purposes of this Convention:
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«Closure» means the completion of all operations at some time after the emplacement of spent fuel or radioactive waste in a disposal facility. This includes the final engineering or other work required to bring the facility to a condition that will be safe in the long term;
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«Decommissioning» means all steps leading to the release of a nuclear facility, other than a disposal facility, from regulatory control. These steps include the processes of decontamination and dismantling;
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«Discharges» means planned and controlled releases into the environment, as a legitimate practice, within limits authorized by the regulatory body, of liquid or gaseous radioactive materials that originate from regulated nuclear facilities during normal operation;
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«Disposal» means the emplacement of spent fuel or radioactive waste in an appropriate facility without the intention of retrieval;
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«Licence» means any authorization, permission or certification granted by a regulatory body to carry out any activity related to management of spent fuel or of radioactive waste;
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«Nuclear facility» means a civilian facility and its associated land, buildings and equipment in which radioactive materials are produced, processed, used, handled, stored or disposed of on such a scale that consideration of safety is required;
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«Operating lifetime» means the period during which a spent fuel or a radioactive waste management facility is used for its intended purpose. In the case of a disposal facility, the period begins when spent fuel or radioactive waste is first emplaced in the facility and ends upon closure of the facility;
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«Radioactive waste» means radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the Contracting Party or by a natural or legal person whose decision is accepted by the Contracting Party, and which is controlled as radioactive waste by a regulatory body under the legislative and regulatory framework of the Contracting Party;
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«Radioactive waste management» means all activities, including decommissioning activities, that relate to the handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off -site transportation. It may also involve discharges;
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«Radioactive waste management facility» means any facility or installation the primary purpose of which is radioactive waste management, including a nuclear facility in the process of being decommissioned only if it is designated by the Contracting Party as a radioactive waste management facility;
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«Regulatory body» means any body or bodies given the legal authority by the Contracting Party to regulate any aspect of the safety of spent fuel or radioactive waste management including the granting of licences;
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«Reprocessing» means a process or operation, the purpose of which is to extract radioactive isotopes from spent fuel for further use;
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«Sealed source» means radioactive material that is permanently sealed in a capsule or closely bonded and in a solid form, excluding reactor fuel elements;
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«Spent fuel» means nuclear fuel that has been irradiated in and permanently removed from a reactor core;
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«Spent fuel management» means all activities that relate to the handling or storage of spent fuel, excluding off -site transportation. It may also involve discharges;
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«Spent...
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