Nuclear Law Bulletin No. 73

Complete issue


Putting the Cart before the Horse - the Case against a New Regime covering Radioactive Waste Incidents during Transport, by Jeffrey A. Miller 7
The Safety Regime covering Transboundary Movement of Radioactive Waste and its compatibility with the Trade Regime, by Lutz Strack 25


Nuclear Law in Morocco: National and International Aspects, by Mohamed Nabil 51

Case law


United States

Decision of the US District Court of Idaho on DOE management of radioactive waste (2003) 69

National legislative and regulatory activities


Regulations on radioactive waste managment (2004) 69
Regulations for the safe transport of radioactive materials (2004) 69


Decree on the organisation of the Ministry of Federal Planning, Public Investment and Services (2003) 70


Law on amendments and additions to the Liscensing Law (2004) 70
Decree on the strengthening of physical protection and security measures at nuclear facilities (2003) 70


Presidential Decree on licensing of certain activities and Resolution of the Council of Ministers on licensing of activities in the field of indutrial safety (2003) 71


Act amending the Act of 15 April 1994 and providing for the transfer of certain civil servants from the Service for State Security in the field nuclear field (2003) 72
Act on funds for the dismantling of nuclear power plants and the management of irridated fissile materials in such plants (2003) 72


Order establishing an emergency response committee for nuclear emergencies (2003) 77

Democratic Republic of the Congo

Act on protection against the dangers of ionising radiation and on the physical protection of nuclear materials and installations (2002) 78


Act on Nuclear Safety (2003) 79


Amendment to the Nuclear Energy Act (2004) 81


Order on the organisation of the Ministry of Defence in relation to the operation of military nuclear systems and major nuclear installations classified as secret in the fields of nuclear security (2003) 81
Order establishing a commission on ionising radiation sources (2004) 82
Order on the organisation of a national network to measure radioactivity in the environment (2003) 82
Order defining the certification conditions for bodies carrying-out radiation protection monitoring (2004) 83
Order setting out exemption levels in respect of licensing of nuclear activities set out in Article R. 1333-26 of the Public Health Code (2003) 84
Order on methods for training of persons specialised in radiation protection and certification of the service provider (2003) 84
Order on criteria for certification of authories in charge of individual monitoring of ionising radiation workers (2003) 84
Order regarding the protection of national defence secrecy in the field of nculear amterial control and protection (2004) 85


X-Ray Ordinance 85
Ordinance on the Transportation of Dangerous Goods by Road and Rail (2003) 85
Ordinance on the Transportation of Dangerous Goods by Internal Waterways (2004) 85
Ordinance on the Transportation of Dangerous Goods on the Rhine and Mosel rivers (2003) 86
Ordinance on the Maritime Carriage of Dangerous Goods (2003) 86
Amendments to the 1961 Foreign Trade Act 86
Amendments to the Nuclear Trade Ordinance (2001-03) 86
Amendments to the Import List (2000-03) 86
Amendments to the Export List (2000-03) 87


Amendment of the 1996 Atomic Energy Act (2003) 87


Decrees on radioactive waste management (2003) 87


Decision approving the internal rules of the National Commission for the Control of Nuclear Activities (CNCAN) (2003) 88
Decision on the organisation of the Nuclear Agency (2003) 89
Ordinance on the reorganisation of the Central Public Administration (2004) 89
Norms for operational radiation protection for the conduct of non-destructive control practices involving ionising radiation (2003) 89
Norms on radiological safety in diagnosis and interventional radiology procedures (2003) 90
Norms on radiological safety of decommissioned mining and/or processing facilities for uranium and/or thorium ores (2003) 90
Decision on the organistion of the National Agency for Radioactive Waste (2003) 90
Decision on contributions to the National Agency for Radioactive Waste (2003) 91


Regulation on the Expert Council for Radiation and Nuclear Safety (2003) 91
Regulation on the Expert Council on issues relating to protection of the population against ionising radiation, radiologial procedures and the use of radiation sources in health and veterinary care (2003) 92
Regulation on conditions for the use of radiation sources in health care (2003) 92

Regulation on conditions and methods of assessment of doses for the protection of workers and the population against ionising radiation (2003)

Regulation on medical surveillance of exposed workers (2003) 92
Regulation on obligations of the person carrying out a radiation practice and of the user of a radiation source (2003) 93
Regulations on the qualifications of experts in the area of ionising radiation (2004) 93
Regulation on the personal dose data of radiation workers (2004) 93
Decree on restrictions on the use of land surrounding a nuclear facility and on conditions for construction in such areas (2004) 93
Decree on compensation due to the limited use of land surrounding a nuclear facility (2003) 94


Decree on activities performed by ENRESA and their financing (2003) 94


Committee for the management of non-nuclear radioactive waste (2002) 95


Amendment to the Law on the Use of Nuclear Energy and Radiation Safety (2004) 96

United States

Establishment of the Office of Legacy Management (2003) 96

International Regulatory Authorities


European Union

Nuclear Safety Convention - Euratom Declaration 99
Council Directive 2003/122/Euratom on the Control of High Activity Sealed Sources and Orphan Sources (2003) 100
Decisions in relation to civil protection (2003) 100
Directive 2004/35/EC on Environmental Liability with regard to the Prevention and Remedying of Environmental Damage (2004) 101
Commission Recommendation 2004/2/Euratom on standardised information on radioactive airborne and liquid discharges into the environment from nuclear power reactors and reprocessing plants in normal operation (2003) 102
Council Decisions authorising Memeber States to sign and ratify the Protocol to Amend the Paris Convention, or to accede to it (2003 and 2004) 102
Council Decision approving a Commission Regulation on the Application of Euratom Safeguards (2004) 103

Bilateral agreements

Brazil - United States

Agreement concerning co-operation in nuclear energy (2003) 105

Germany - Russian Federation

Agreements on the elimination and disposal of nuclear weapons 105

Multilateral agreements

Signature of the Protocols to amend the Paris and Brussels Conventions (2004) 108
Multilateral Nuclear Environmental Programme in the Russian Federation 108
Status of Conventions in the Field of Nuclear Energy 109

Bibiliography and News briefs

NEA, Austria, INLA 113

List of correspondents



Croatia: Act on Nuclear Safety (2003)

Last reviewed: 13 September 2005