Regulation on the terms and procedure for exemption of small quantities of nuclear material from the application of the Vienna convention on civil liability for nuclear damage

Article 1 (1) This Regulation shall regulate the terms and procedure for exemption of small quantities of nuclear material from the application of the Vienna convention on civil liability for nuclear damage (SG, No.76 of 1994), hereinafter referred to as “the Vienna convention”. (2) This Regulation shall not cover nuclear material, which: 1. is stored at the site of a nuclear installation or is finally disposed as radioactive waste; 2. is located outside the site of a nuclear installation as a result of loss, abandonment, as well as theft, robbery or other illegal acts involving nuclear material.

Article 2 (1) Nuclear material shall be exempted from application of the Vienna convention only in the course of transport or use outside a nuclear installation – for the period of time, during which the nuclear material if located outside a nuclear installation. (2) During transport the nuclear material shall comply with the technical provisions for safe transport, specified in the Regulation under Article 26 (4) of the Act on the Safe Use of Nuclear Energy (ASUNE). Chapter Two CONDITIONS FOR EXEMPTION Section I General requirements

Article 3 (1) The total activity of any consignment, containing a single radionuclide or several radionuclides of the same Group, shall not exceed the limiting activity for this Group in accordance with Attachment № 1. (2) A radionuclide with activity A2 not known shall be considered as being in Group 1 from the Attachment under para.1.

Article 4 The total activity of any consignment, containing radionuclides in the form of Special Form Radioactive Material shall not exceed 1,85 x 1013 Bq.

Article 5 (1) When a consignment contains of Special Form Radioactive Material and radionuclides not in that form, including radionuclides in different Groups, whether the contents are packaged separately or together, a separate value shall be determined for each radionuclide, representing the ratio between the individual activity of the radionuclide and the limit activity for the respective group in accordance with Articles 3 and 4. (2) The sum for all radionuclides of the individual values under paragraph 1 shall not exceed 1. (3) Where in the consignment under paragraph 1 the individual activities of some of the radionuclides are not known, an aggregate value shall be determined for all of them, representing the ratio between their total activity and the limiting value of the radionuclide with the lowest limiting activity. (4) Where in the consignment under paragraph 1 the activity of all of the radionuclides is not known, the total activity of the consignment shall not exceed the limiting activity of the radionuclide with the lowest limiting activity. Section II Supplementary requirements towards special nuclear material

Article 6 (1) Consignments containing special nuclear material shall comply with the requirements of Section I and the requirements for safe transport of special nuclear material, as specified in the Regulation under Article 26 (4) of the ASUNE. (2) The quantity of special nuclear material in consignments under paragraph 1, which contain a single radionuclide, shall not exceed the limits, as determined in Attachment № 2. (3) If the consignment under paragraph 1 contains more than one radionuclide, a limiting value shall be determined for each radionuclide, representing the ratio between the quantity of the radionuclide and the limiting quantity under Attachment № 2. (4) The sum of the individual values under paragraph 3 shall not exceed 1. Chapter Three PROCEDURE FOR EXEMPTION

Article 7 (1) Small quantities of nuclear material may be exempted from the application of the Vienna Convention at the written request of the applicant. (2) The request under paragraph 1 shall be submitted to the Nuclear Regulatory Agency Chairman, together with the application for a permit for transport of nuclear material.

Article 8 (1) The Nuclear Regulatory Agency Chairman may exempt small quantities of nuclear material from the application of the Vienna Convention on the basis of the submitted documents following the procedure specified by the the Regulation for issuance of licenses and permits for safe use of nuclear energy (SG, No. 41 of 2004) when the conditions for exemption, determined in this Regulation, have been met. 2 (2) Exemption of small quantities of nuclear material from the application of the Vienna Convention shall be effected by the permit for transport of nuclear material. Final provisions § 1. The Nuclear Regulatory Agency Chairman gives instructions for the application of this Regulation and may issue guides, methodologies and other internal acts on the implementation of this Regulation. § 2. This Regulation was adopted on the legal basis of Article 135 of the ASUNE. 3 Attachment № 1 to Article 3 (1) Limiting activity of the various groups of radionuclides Group Radionuclides in the group Limiting activity (Bq) Radionuclides with А2 values lower than or 1 7,4 x 1010 Bq equal to 3,7 x 108 Bq Radionuclides with А2 values lower than or 2 equal to 3,7 x 1010 Bq, but greater than 3,7 x 108 7,4 x 1011 Bq Bq Radionuclides with А2 values lower than or 3 equal to 3,7 x 1012 Bq, but greater than 3,7 x 7,4 x 1012 Bq 1010 Bq Radionuclides with А2 values lower than or 4 equal to 3,7 x 1013 Bq, but greater than 3,7 x 1,85 x 1014 Bq 1012 Bq Radionuclides with А2 values greater than or 5 1,85 x 1015 Bq equal to 3,7 x 1013 Bq Attachment № 2 to Article 6 (2) Limiting quantities for special nuclear material Radionuclide Limiting quantity in grams Plutonium-239 375 Plutinium-241 375 Uranium-233 375 Uranium-235 600 4