' *
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIUPPINES 
Second Regular Session
)
)
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SENATE
S. No. 2498
of tlje (fei.! cKtru
23 NOV 29 A10:14
RECEIVED BV;
Introduced by Senator Francis G. Escudero
AN ACT
AN ACT ESTABLISHING THE PHILIPPINE ATOMIC ENERGY REGULATORY 
AUTHORITY AND PROVIDING FOR A COMPREHENSIVE LEGAL 
FRAMEWORK FOR NUCLEAR SAFETY, SECURITY AND SAFEGUARDS IN 
THE PEACEFUL UTILIZATION OF NUCLEAR ENERGY IN THE 
PHILIPPINES AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
In June 15, 1968, Congress enacted Republic Act No. 52071 or the Atomic 
Energy Regulatory and Liability Act of 1968 to encourage, promote and assist the 
development and use of atomic energy for all peaceful purposes, to improve the 
health and prosperity of the inhabitants of the Philippines, and to contribute to the 
general welfare, and accelerate scientific, technological, agricultural, commercial, 
and industrial progress. The mechanisms to license and regulate activities, 
materials and facilities relevant to the utilization of nuclear energy under the law, 
however, are unable to meet the exigencies of the modern times.
With the signing of a civil nuclear cooperation - or 123 Agreement - 
between the United States and the Philippines last November 18, 2023, there is an 
urgent need to bolster the government capacity to ensure the peaceful, safe and 
secure utilization of nuclear energy in the Philippines in line with 
internationally-accepted standards and practices.
1 Amended by Presidential Decree No. 1484 s. 1978.


As a counterpart measure of House Bill No. 92932, this bill seeks to 
establish a strong legal framework for the administration and regulation of use of 
nuclear energy and ensure that harnessing the potential of nuclear energy is 
performed in a peaceful, safe and secure manner. It establishes the Philippine 
Atomic Energy Regulatory Authority as an independent regulatory authority with 
the sole and exclusive jurisdiction over the use of nuclear energy and radiation 
sources in the country. It likewise provides mechanisms and safeguards to protect 
the people from harmful effects of radiation, to prepare and respond to 
emergencies emanating therein, to manage radioactive wastes and spent fuel, and 
to ensure the security of nuclear materials and the facilities critical to its use, 
storage and transport.
Ultimately, this proposed measure seeks to contribute to the realization of 
the constitutional objective of creating and sustaining a national economy that 
provides for a more equitable distribution of opportunities, income, and wealth; a 
sustained increase in the amount of goods and services produced by the nation 
for the benefit of the people; and an expanding productivity as the key to raising 
the quality of life for all.
In view of the foregoing, the consideration, deliberation and approval of 
this bill is respectfully requested.
FRANCIS G. ESCUDERO
House Bill No. 9293, entitled, An Act Establishing the Philippine Atomic Energy Regulatory 
Authority and Providing for a Comprehensive Legal Framework for Nuclear Safety, Security and 
Safeguards in the Peaceful Utilization of Nuclear Energy in the Philippines and Appropriating Funds 
Therefor


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
^ciifur
of tlif fe’-f'-el;- I
23 NOV 29 A10:14
SENATE
RECEIVED BV;
s. No. 2498
Introduced by Senator Francis G. Escudero
AN ACT
AN ACT ESTABLISHING THE PHILIPPINE ATOMIC ENERGY REGULATORY 
AUTHORITY AND PROVIDING FOR A COMPREHENSIVE LEGAL 
FRAMEWORK FOR NUCLEAR SAFETY, SECURITY AND SAFEGUARDS IN 
THE PEACEFUL UTILIZATION OF NUCLEAR ENERGY IN THE 
PHILIPPINES AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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ARTICLE I
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OBJECTIVES AND INTERPRETATION
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Section 1. Short Title. - This Act shall be known as the "Philippine National
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Nuclear Energy Safety Act".
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
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to:
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(a) Harness the peaceful, safe, and secure use of atomic energy to provide
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benefits to the Philippines in the fields of energy production, health and medicine,
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scientific research, agriculture, industry, education, and others; and
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(b) Use nuclear energy only for peaceful purposes, such that all facilities
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and activities related to the acquisition or development of nuclear explosives,
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radiological dispersal devices and other non-peaceful uses of nuclear or other
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radioactive material or technology, including assisting others, are strictly
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prohibited.


Sec. 3. Objectives. - The objectives of this Act are to:
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(a) Estabiish a iegal framework to govern and faciiitate the peaceful, safe,
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and secure uses of nuclear energy;
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(b) Protect people and the environment against the harmful effects of
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ionizing radiation;
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(c) Establish the Philippine Atomic Energy Regulatory Authority, otherwise
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known as the PhilATOM, hereinafter referred to as the Authority, with the
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functions and responsibilities set forth in this Act; and
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(d) Enable the Philippines to meet its international obligations on the use
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of nuclear energy.
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Sec. 4. Scope. - (a) This Act shall apply to the Philippines.
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(b) This Act shall not apply to all regulated facilities and activities in the
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territory, or under the jurisdiction or control, of the facilities or activities that have
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been excluded from regulatory control through regulations issued by the
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Authority.
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Sec. 5. Definitions. - (a) As used in this Act:
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(1) Activities and facilities refer to the activities and facilities as
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defined by the International Atomic Energy Agency (IAEA);
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(2) Authority refers to the Philippine Atomic Energy Regulatory
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Authority, otherwise known as "PhilATOM" established in this Act;
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(3) Authorization refers to the written permission, in the form of a
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license, certificate, registration or other approval, granted by the Authority
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to a person to conduct specified activities;
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(4) Authorized Party refers to the holder of an authorization;
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(5) Boiling Water Reactor (BWR) refers to a type of light water
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reactor, which uses the steam produced inside the reactor core directly in
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the steam turbine;
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(6) Clearance refers to the removal of regulatory control by the
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Authority from radioactive material or radioactive objects within authorized
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facilities and activities;


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(7) Controlled Items refer to nuclear related items specified in 
Information Circular (INFCIRC)/254/Part 1 issued by the IAEA and are also 
known as trigger iist items in the Nuclear Suppliers Group's guidelines and 
duai-use items specified in INFCIRC/254/Part 2 issued by the IAEA 
inciuding components thereof;
(8) Decommissioning refers to the administrative and technical 
actions taken to allow the removal of some or all of the regulatory controls 
from a facility so the faciiity and its site can be reused;
(9) Device refers to either (1) any nuclear explosive device; or (2) 
any radioactive materiai dispersai or radiation-emitting device which may, 
owing to its radioiogical properties, cause death, serious bodily injury or 
substantial damage to property or to the environment;
{IQ)Disposal refers to the emplacement of waste in an appropriate 
facility without the intention of retrieval;
{11)Dose limit refers to the value of the effective dose or the 
equivalent dose to individuals in planned exposure situation that is not to 
be exceeded;
{12)Effective Dose refers to the meaning given it in the relevant 
IAEA Safety Standard;
{13)Equivalent Dose refers to the meaning given it in the relevant 
IAEA Safety Standard;
{1^)Exclusion or excluded refers to the deliberate exclusion of a 
particular type of exposure from the scope of an instrument of regulatory 
control on the grounds that it is not considered amenable to control 
through the regulatory instrument in question;
{lS)Exemption or exempt refers to the determination by a regulatory 
body that a source or practice need not be subject to some or ali aspects of 
regulatory control on the basis that the exposure and the potential 
exposure due to the source or practice are too smali to warrant the 
application of those aspects or that this is the optimum option for 
protection irrespective of the actuai level of the doses or risks;


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{1^)Export refers to the transfer of nuclear or other radioactive 
material out of the Philippines;
{17) Graded Approach refers to a regulatory process or method in 
which the stringency of the control measures and conditions to be applied 
is commensurate, to the extent practicable, with the likelihood and possible 
consequences of, and the level of risk associated with, a loss of control;
{IQ)IAEA Safety Standard refers to the safety standards published 
by the IAEA in its Safety Standards Series;
{19)Import refers to the transfer of nuclear or other radioactive 
material into the Philippines;
{IQ)Intermediate Level Waste (ILW)refers to a radioactive waste 
that, because of its content, in particular its content of long lived 
radionuclides, requires greater degree of containment isolation than that 
provided by near surface disposal;
{11)Intervention refers to any action intended to reduce or avert 
exposure or the likelihood of exposure due to sources that are not part of a 
controlled practice or that are out of control as a consequence of an 
accident;
{21)Ionizing radiation, for the purpose of radiation protection, refers 
to radiation capable of producing ion pairs in biological materials;
{13)Heavy Water Reactor (HWR) refers to a thermal reactor that 
utilizes heavy water (deuterium oxide) as its coolant and moderator, such 
as CANDU (Canada Deuterium Uranium);
{lA,)Light Water Reactor (LWR) refers to a thermal reactor that 
utilizes ordinary water as its coolant and moderator, including boiling water 
reactors (BWRs) and pressurized water reactor (PWRs);
{IS)Low Level Waste (LLW) refers to a radioactive waste that is 
above clearance levels, but with limited amounts of long-lived 
radionuclides;
{IE)Nuclear energy, also called atomic energy, refers to any form of 
energy released in the course of nuclear fission, nuclear fusion or any other 
nuclear transmutation;


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{27)Nuclear facility refers to a facility, including associated buildings 
and equipment, in which nuclear material is produced, processed, used, 
handled, stored or disposed of;
{!%)Nuclear material refers to plutonium except that with isotopic 
concentration exceeding eighty percent (80%) in plutonium-238, uranium- 
233, uranium enriched in the isotope 235 or 233, uranium containing the 
mixture of isotopes as occurring in nature other than in the form of ore or 
ore residue, any material containing one or more of the foregoing or any 
other material the Authority determines should be classified as nuclear 
material;
{19)Nuclear or radiological emergency refers to an emergency in 
which there is, or is perceived to be, a hazard due to: (a) the energy 
resulting from a nuclear chain reaction or from the decay of the products of 
a chain reaction; or (b) radiation exposure;
{39) Orphan source refers to a radioactive source which is not under 
regulatory control, either because it has never been under regulatory 
control or because it has been abandoned, lost, misplaced, stolen, or 
transferred without proper authorization;
{3\)Person refers to a natural or juridical person;
{32)Practice refers to any human activity that introduces additional 
sources of exposure or additional exposure pathways, or that modifies the 
network of exposure pathways from existing sources, so as to increase the 
exposure or the likelihood of exposure of people or the number of people 
exposed;
{33)Pressurized Water Reactor (PWR) refers to a type of light water 
reactor, which produces steam for the turbine in separate steam 
generators;
{3^) Radiation source refers to a radiation generator, or a radioactive 
source or other radioactive material outside the nuclear fuel cycles of 
research and power reactors;


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{2S)Radiation generator refers to a device capable of generating 
ionizing radiation, such as X-rays, neutrons, electrons or other charged 
particles, that may be used for scientific, industrial or medical purposes, or 
other purposes as the Authority may determine from time to time;
{3b)Radioactive source refers to a source containing radioactive 
material that is used as a source of radiation;
{37)Radioactive materiai refers to (a) a radioactive source; (b) 
nuclear material; (c) a substance that is capable of releasing nuclear 
energy or is required for the production or use of nuclear energy; (d) a 
radioactive by-product of the development, production or use of nuclear 
energy; and (e) any other material that the Authority determines should be 
classified as radioactive material;
{3b)Radioactive waste refers to material for which no further use is 
foreseen that contains, or is contaminated with, radionuclides at activity 
concentrations greater than clearance levels as established by the 
regulatory body;
{39i)Safeguards Agreements refers to the agreement between the 
Republic of the Philippines and the IAEA for the Application of Safeguards 
in connection with the Treaty on Non-Proliferation of Nuclear Weapons and 
the Protocol Additional to the Agreement between the Republic of the 
Philippines and the IAEA for the Application of Safeguards in connection 
with the Treaty on the Non-Proliferation of Nuclear Weapons;
{atb)Safety refers to the achievement of proper operating conditions, 
prevention of accidents and mitigation of accident consequences, resulting 
in protection of workers, the public and the environment from undue 
radiation risks;
{^M)Security refers to the prevention and detection of, and response 
to, criminal or intentional unauthorized acts involving or directed at nuclear 
material, other radioactive material, associated facilities or associated 
activities;


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{'M)Source refers to anything that may cause radiation exposure —
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such as by emitting ionizing radiation or by releasing radioactive substances
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or radioactive material — and can be treated as a single entity for purposes
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of protection and safety;
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{^3)Spent fuel refers to nuclear fuel removed from a reactor
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following irradiation that is no longer usable in its present form; and
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(44) Transport refers to the deliberate physical movement of
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radioactive material, other than that forming part of the means of
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propulsion, from one place to another.
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(b) Notwithstanding Section 5 (a) herein, where a term has a particular
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meaning in an international instrument to which the Philippines is a party, it shall
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have that meaning when used in the relevant context.
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ARTICLE II
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ESTABLISHMENT AND FUNCTIONS OF THE PHILIPPINE
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ATOMIC ENERGY REGULATORY AUTHORITY
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Sec. 6. Establishment of the Authority. - The Philippine Atomic Energy
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Regulatory Authority, otherwise known as "PhilATOM" or the "Authority", is hereby
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established as an independent authority.
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The Authority shall have sole and exclusive jurisdiction to exercise
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regulatory control for the peaceful, safe, and secure uses of nuclear energy and
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radiation sources in the Philippines.
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All regulatory functions of the Philippine Nuclear Research Institute (PNRI)
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are hereby transferred to the Authority.
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All regulatory functions regarding devices generating ionizing radiation of
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the Radiation Regulation Division of the Center for Device Regulation, Radiation,
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Health and Research of the Department of Health - Food and Drug Administration
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are hereby transferred to the Authority.
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The regulatory functions of all other Government authorities or agencies of
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the Philippines with jurisdiction, functions, and authorities with respect to nuclear
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energy and radiation sources are hereby transferred to the Authority.


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To the extent other Philippine authorities have functions and responsibilities 
that intersect with the functions and responsibilities of the Authority, effective 
coordination of these functions and responsibilities shall be ensured to avoid 
omissions, undue duplication, or conflicting requirements being placed on 
authorized parties, at all times respecting the sole and exclusive jurisdiction of the 
Authority as set forth in this Act.
Sec. 7. Director General and Deputy Directors Genera! of the Authority. - 
The head of the Authority shall be the Director General (DG), with a salary grade 
of thirty-one (31), who shall be appointed by the President of the Philippines for a 
term of five (5) years. Reappointment of the DG for five (5) years per term is 
allowed.
The Director General shall be assisted by four (4) Deputy Directors General 
(DDGs), with a salary grade of thirty (30), who shall be appointed by the 
President of the Philippines. The initial appointment shall be for a term of five (5) 
years, four (4) years, three (3) years, and two (2) years, respectively. 
Reappointment of the DDGs for five (5) years per term is allowed.
Appointment to any vacancy for the positions of DG and DDGs shall only be 
for the unexpired term of the predecessor.
No person shall qualify for appointment under this Section unless such
person:
(a) Is a Filipino citizen;
(b) Has at least a graduate degree in one of the following:
(1) Engineering, specifically:
Power (thermal);
Mechanical;
Electrical; 
iv. Chemical;
V. Material Science; or 
vi. Nuclear;


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(2) Physics, specifically:
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i. Medical/health; or
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ii. Nuclear;
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(3) Allied Medicai Sciences in Radiation Protection;
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(4) Geology:
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i. Geochemistry;
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ii. Geophysics;
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iii. Structural Geology;
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iv. Seismology; or
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V. Volcanology;
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(5) Chemistry:
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i. Geochemistry;
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ii. Inorganic Chemistry;
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iii. Nuclear Chemistry; or
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iv. Radio Chemistry.
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(6) Other relevant qualifications, such as Nuciear Law; and
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(c) has primary experience in management or the practical application in
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the field of discipline and profession, involving facilities or activities as covered in
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this Act.
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The DG and DDGs shali not have a conflict of interest with the functions of
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the Authority, and shall possess a demonstrated history of maintaining positions
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of trust and confidence. It is advised that the DG and DDGs shall not have a
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history of advocating against, or otherwise taking positions that are contrary to,
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the utilization of nuclear energy in the Philippines.
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The Council shall be composed of a combination of at ieast: one (1)
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radiation expert; two (2) engineers; one (1) physicist or chemist; or one (1)
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geologist or physicist; or one (1) nuciear lawyer.
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The DG and DDGs may be removed from office by the President of the
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Phiiippines only in cases of non-compliance with the provisions of this Act,
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malfeasance, abuse of office, physical or mental incapacity for more than ninety
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(90) days, requirements of public interest, or conviction of a criminal act.


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Sec. 8. Organization of the Authority; Human and Financiai Resources. -
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(a) The PhilATOM Council shall be the highest body of the Authority. The
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PhilATOM Council shall be comprised of the DG and the DDGs. The DG shall be
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the Chairperson of the PhilATOM Council.
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(b) The PhilATOM Council shall meet at the direction of the Chairperson, at
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least once every two (2) months. The PhilATOM Council shall be quorate if the
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majority of the members, including the Chairperson, are present. Decisions of the
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PhilATOM Council shall be taken by a majority vote;
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(c) The PhilATOM Council shall have the following functions and
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responsibilities:
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(1) Establish the general policy of the Authority and its strategic
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plans;
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(2) Adopt the annual budget and balance sheet of the Authority;
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(3) Adopt the organizational structure of the Authority;
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(4) Issue regulations, standards and guides of the Authority;
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(5) Adopt the schedule of fees and charges for authorizations;
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(6) Issue authorizations for nuclear and radiation facilities and its
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associated activities; and
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(7) Any other functions designated by the President.
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(d) The DG shall be responsible for the overall management of the
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Authority and shall supervise the administrative, technical, and financial affairs of
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the Authority;
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(e) The Authority shall be provided with adequate financial resources,
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through the national budget, to fulfil its responsibilities under this Act and
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applicable regulations;
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(f) The DG shall be responsible for determining the organization of the
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Authority and in appointing human resources to the Authority;
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(g) The Authority shall employ a sufficient number of qualified and
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competent human resources, commensurate with the nature and the number of
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facilities and activities to be regulated, to perform its functions and to discharge
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its responsibilities;
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(h) Personnel appointed to the Authority shall not have any direct or
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indirect interest in facilities and activities or authorized parties beyond the interest
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necessary for regulatory purposes;
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(i) The Authority shall prepare its annual budget and submit it to the
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Department of Budget and Management for inclusion in the National Expenditure
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Program to be transmitted to Congress;
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(j) The Authority shall establish a schedule of fees and charges for
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authorizations subject to the general accounting rules and guidelines by the
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Commission on Audit (COA);
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(k) The Authority is authorized to charge and collect reasonable fees in the
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performance of its regulatory functions;
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(I) The Authority shall be entitled to receive and retain all funds allocated
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to it and shall have the financial independence to deal with its funds and income
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consisting of the following:
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(1) income generated by carrying out its regulatory functions; and
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(2) contributions, grants, bequests, and donations, in cash or in
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kind, whether from local or foreign sources which the Authority resolves to
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accept and do not conflict with the Authority's mandate shall be exempt
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from donor's tax and the same shall be considered as allowable deduction
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from gross income for purposes of computing the taxable income of the
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donor, in accordance with Section 34(H)(2)(A) of the National Internal
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Revenue Code of 1997, as amended. The acceptance of grants, bequests,
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contributions, and donations from foreign governments shall be subject to
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the approval of the President of the Philippines, upon the recommendation
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of the Secretary of the Department of Foreign Affairs (DFA) or the
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Secretary of the Department of Finance (DOF), whichever is applicable.
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All income that the Authority is allowed to retain under this Section, any
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provision of law to the contrary notwithstanding, shall be deposited in an
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authorized government depository bank as a special regulatory fund. Any interest
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earned by such fund shall form part of the retained income. Such fund shall be
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used primarily for the acquisition of office and laboratory space, human resource
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development and expansion, purchase of equipment and motor vehicles,
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upgrading of its current facilities and equipment and maintenance, expenses in
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case of legal actions against the officials and employees of the Authority in the
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course of the exercise of their official functions and duties, and other operating
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expenses of the Authority in the performance of its mandate or independence.
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The retention, use, and application of this fund shall not be delayed,
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amended, altered, or modified, or affected in any way by an order or directive
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from any executive office but shall be subject to the general accounting rules and
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guidelines by the Commission on Audit. The primary purpose of the fund as herein
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stated shall prevail over any other purpose that may be pursued by the Authority
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on its own initiative. The Authority shall submit to the Secretary of Budget and
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Management and the Congressional Oversight Committee, created under Section
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52 of this Act, a report on its collection, how the funds were utilized, including the
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accomplishments.
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(m)The Authority shall establish and implement a management system
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that is aligned with its safety goals and contributes to their achievement. The
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management system shall be continuously assessed and improved.
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(n) A land area equivalent to at least ten (10) hectares out of the lands
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under the administration of the Bases Conversion and Development Authority
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within the Clark Special Economic Zone in Pampanga and Tarlac, shall be allocated
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exclusively for the PhilATOM office: Provided, That the PhilATOM or the Authority
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shall establish additional offices in strategic areas as it may deem necessary:
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Provided further, That the boundaries and technical descriptions of the land in the
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Clark Special Economic Zone to be designated for the use of the PhilATOM or the
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Authority shall be determined by an actual and joint group survey.
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Sec. 9. Regulatory Functions and Responsibilities. - (a) The Authority shall
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exercise the following functions and responsibilities:
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(1) Assist the Government in the development of national policies
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and measures for the control of regulated activities and facilities;
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(2) Issue regulations, standards, and guidelines necessary for the
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implementation of this Act;
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(3) Review and assess applications for authorizations and other 
information submitted to it by prospective and existing authorized parties;
(4) Issue, suspend, modify, renew, and revoke authorizations and 
set terms and conditions of such authorizations;
(5) Define exclusions from regulatory control;
(6) Establish and maintain a national register of radiation sources;
(7) Inspect, monitor and assess facilities and activities for the 
purpose of verifying compliance with this Act, applicable regulations and 
the terms and conditions of authorizations;
(8) Take enforcement measures in the event of non-compliance 
with this Act, applicable regulations or the terms and conditions of 
authorization;
(9) Inform and consult with the public and other stakeholders 
regarding regulatory processes through appropriate mechanisms and 
procedures that shall be established by it;
(10) Cooperate with the IAEA;
(11) Cooperate with and advise other governmental or non­
governmental bodies in the Philippines having competence in health and 
safety, environmental protection, land use and planning, emergency 
planning, security, transportation of dangerous goods, and energy 
planning;
(12) Exchange information and cooperate directly with regulatory 
bodies in other States and with relevant international organizations 
concerning matters arising from its functions and responsibilities;
(13) Establish a training center and scholarship programs for the 
human resources of the Authority with respect to the mandate and areas of 
competency of the Authority;
(14) Install and maintain a radiation monitoring center;
(15) Establish and maintain an emergency response center and a 
security support center;
(16) Conduct research in areas related to its mandate;
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(17)Regulate technical service providers of facilities and equipment
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related to the use of ionizing radiation;
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(18)Establish mechanism for the formal recognition and
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accreditation of qualified experts and radiation protection officers; and
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(19)Any other functions and responsibilities that are necessary in its
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judgment to fulfil its mandate as set forth in this Act.
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(b) In times of national emergency when public interest so requires and as
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a measure of last resort, the Authority may temporarily suspend, take over or
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direct the operation of any nuclear facility or the conduct of any nuclear activity or
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other radioactive material or regulated facility during such emergency and under
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reasonable terms as may be required under the circumstances;
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(c) The Authority shall ensure that regulatory control is stabie and
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consistent;
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(d) Further to paragraph (a) (2) of this Section, the Authority shall issue
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regulations, standards, and guidelines to specify the principles, requirements, and
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associated criteria upon which its reguiatory judgments, decisions, and actions are
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based. These regulations, standards, and guideiines shall be:
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(1) reviewed and revised by the Authority as necessary to keep
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them up to date, with due consideration of relevant international safety
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standards and technical standards and of relevant experience; and
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(2) set forth principles, requirements, and associated criteria
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commensurate with the radiation risks associated with the faciiities and
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activities, in accordance with a graded approach.
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(e) The Authority shail establish processes for issuing and amending
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reguiations, standards, and guides that includes consultation with interested
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parties; and
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(f) The Authority shali publish in a newspaper of national circulation its
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regulations, standards, and guidelines once issued.
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Sec. 10. Transparency and Protection of Information. - The Authority shall
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promote transparency in the exercise of its functions and responsibilities, while at
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all times protecting information:
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(a) That is classified, sensitive, or proprietary; or
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(b) The disclosure of which may prejudice nuciear security or nuclear
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safeguards. The Authority shali communicate proactively with and initiate diaiogue
4 
with the public regarding ail information pertaining to events involving nuclear
5 
facilities deemed outside the operating enveiope that couid have an impact on
6 
public health, safety, and the environment.
7 
Sec. 11. Advisory Bodies and Consultants. - (a) The Authority may obtain
8 
the advice of experts in the performance of its functions and responsibilities,
9 
including the hiring of consultants and technical support organizations and
10 
estabiishing advisory bodies;
11 
(b) The Authority shail ensure that advice received from outside experts or
12 
bodies is provided in a manner that avoids any conflict of interest or improper
13 
influence on its regulatory decision-making.
14 
ARTICLE III
15 
AUTHORIZATION, INSPECTION, AND ENFORCEMENT
16 
Sec. 12. Regulated Facilities and Activities. - It is prohibited to carry out
17 
the following without an authorization issued by the Authority:
18 
(a) The siting, construction, commissioning, operation, and
19 
decommissioning of a nuclear or radiation facility;
20 
(b) The acquisition, possession, manufacture, import, export, distribution,
21 
sale, offer for sale, transfer, handling, use, transport, storage, or disposal of
22 
nuclear and radioactive materials;
23 
(c) The use and testing of radiation generators and the operation of
24 
radiation facilities;
25 
(d) All radioactive waste management activities; and
26 
(e) Any other activity or practice through which people or the environment
27 
may be subject to radiation risks as determined by the Authority and which is not
28 
exempt or excluded by the Authority.
15


1 
Sec. 13. Authorization Process. - (a) The applicant shall be required to
2 
submit an adequate demonstration of safety in support of an application for the
3 
authorization of a regulated facility or an activity;
4 
(b) The Authority shall make publicly available the regulations, standards
5 
and guides, as appropriate, information on the authorization process, including:
6 
(1) Procedures and schedules for applications, including review and
7 
assessment of applications and issuance of authorizations;
8 
(2) Criteria to be considered in authorization decisions made by the
9 
Authority including issuance, suspension, modification, renewal, revocation,
10 
and relinquishment of authorizations;
11 
(3) Conditions or qualifications that must be met by the applicant
12 
for an authorization;
13 
(4) Procedures and requirements for public participation in the
14 
authorization process; and
15 
(5) Procedures and requirements for the release of information
16 
concerning the authorization process, including measures for the protection
17 
of information identified in Section 10 of this Act.
18 
Sec. 14. Authorizations for Nuciear Faciiities. - (a) The Authority shall issue
19 
regulations, standards, and guides as appropriate for the siting, design,
20 
construction, commissioning, operation, and decommissioning of nuclear facilities.
21 
The minimum elevation for Emergency Diesel Generators (EDGs) of nuclear
22 
power plants shall be eighteen (18) meters above sea level. In no case shall EDGs
23 
and other emergency backup safety devices be located in the basement of nuclear
24 
power plants;
25 
(b) In developing regulations, standards and guides with respect to
26 
authorizations for nuclear power plants, the Authority shall:
27 
(1) Facilitate harmonization with IAEA Safety Standards and give
28 
due consideration to compatibility with the relevant regulatory regime(s) of
29 
the country-of-origin of a standard design or reference plant; and
16


1 
(2) Require an applicant to identify a standard design or reference
2 
plant in its application and require that such application (i)contains a safety
3 
analysis report that makes maximum utilization of the safety case for the
4 
standard design or the reference plant, (ii) identifies any design changes
5 
from the standard design or the reference plant, and(iii) provides the
6 
regulatory basis for approval in the country-of-origin of the standard design
7 
or the reference plant;
8 
(c) The Authority shall conduct an independent review and assessment of
9 
an application with respect to an authorization for a nuclear power plant and in
10 
undertaking such review and assessment:
11 
(1) For those parts of the design that are the same as the identified
12 
standard design or the reference plant design, the Authority shall make
13 
maximum utilization of the safety assessment of an experienced foreign
14 
nuclear regulatory body of the identified standard design or reference
15 
plant design and apply a graded approach when reviewing deviations from
16 
the standard design or reference plant design and site-specific and
17 
applicant-specific matters; and
18 
(2) For those parts of the design that are the same as the identified
19 
standard design or the reference plant design, the Authority shall consider
20 
accepting the safety assessment of an experienced foreign nuclear
21 
regulatory body;
22 
(d) The Authority and the applicant shall establish a proposed
23 
authorization timeline which shall facilitate predictable project deployment. Such
24 
timeline shall in no case exceed eighteen (18) months;
25 
(e) The Authority shall establish a system for the authorization of
26 
individuals to conduct activities or practices associated with the operation of
27 
nuclear facilities, taking cognizance of international best practices;
28 
(f) As a condition of an authorization to operate a nuclear power plant, the
29 
amount of Php 0.06/kWh of electricity generated from the use of nuclear energy
30 
for commercial power generation shall be set aside by the operator for the
31 
establishment of the Radioactive Waste Management Fund, which shall be used
17


1 
for the final disposition of nuclear spent fuel by geologic isolation using deep
2 
boreholes, to be held in trust by the Development Bank of the Philippines (DBP);
3 
(g) As a condition of an authorization to operate a nuclear power plant, the
4 
amount of PhP 0.06/kWh of electricity generated from the use of nuclear energy
5 
for commercial power generation shall likewise be set aside by the operator for
6 
the establishment of a plant end of life Decommissioning Fund, to be held in trust
7 
by the DBP;
8 
(h) The Radioactive Waste Management Fund and the Decommissioning
9 
Fund in item (f) and (g) herein shall be held under the name that the Authority
10 
shall establish;
11 
(i) The Authority shall not grant a license to nuclear plants other than
12 
Light Water Reactors (LWR) and Heavy Water Reactors (HWR) until such time
13 
that non-water cooled or moderated reactors shall have operated incident-free in
14 
the country of origin for at least nineteen thousand seventy hundred ten (19,710)
15 
operating hours, unless the specific reactor type is exempted by the President of
16 
the Philippines through an executive issuance.
17 
Sec. 15. Rejection, Suspension, Modification, 
Renewai, Revocation 
or
18 
Reiinquishment of Authorizations and Cessation of Authorized Activities. - (a) A
19 
decision by the Authority to reject an application for an authorization or to
20 
suspend, modify, or revoke an authorization shall be accompanied by a written
21 
explanation of the reasons provided to the applicant or authorized party;
22 
(b) Any authorization issued pursuant to this Act may be suspended,
23 
modified, or revoked by the Authority:
24 
(1) In the event of a violation of its terms and conditions;
25 
(2) When the conditions under which it was issued are no longer
26 
met; or
27 
(3) In circumstances where the Authority determines that continued
28 
activity under the authorization may pose an unacceptable risk to 
people or
29 
the environment:
30 
Provided, That, in the cases of paragraphs (b)(1) and (2) herein, the authorized
31 
party shall be afforded the opportunity to demonstrate compliance with the terms
32 
and conditions of the relevant authorization;
18


1 
(c) Upon the suspension, revocation, or expiration of an authorization
2 
which is not renewed, the authorized party shali be required to take such
3 
measures as may be necessary to protect people and the environment from the
4 
harmful effects of ionizing radiation, and ensure the security of nuclear and other
5 
radioactive material and associated facilities;
6 
(d) An authorized party may not transfer an authorization;
7 
(e) An authorization shall automatically cease to be valid when any time
8 
limit established by regulation or term or condition of the authorization has
9 
expired;
10 
(f) An authorized party ceasing an authorized activity or practice, or
11 
relinquishing an authorization, shall inform the Authority prior to the cessation of
12 
that activity or practice or relinquishment of an authorization and shall be released
13 
from regulatory control only upon a determination by the Authority that all
14 
relevant terms and conditions of an authorization have been complied with and
15 
the cessation or relinquishment shall not jeopardize the protection of people or
16 
the environment.
17 
Sec. 16. Prime Responsibility. - The person responsible for an activity or
18 
facility shall:
19 
(a) Have the prime responsibility for the safe and secure operation that
20 
activity or facility;
21 
(b) Ensure and demonstrate compliance with this Act, applicable regulatory
22 
requirements and terms and conditions of an authorization as may be applicable;
23 
and
24 
(c) Provide the Authority with all assistance necessary in the performance
25 
of its regulatory functions.
26 
Sec. 17. Inspection. - (a) The Authority shall establish an inspection
27 
program to monitor compliance with the requirements of this Act, applicable
28 
regulations, and the terms and conditions of authorizations issued by it;
29 
(b) The Authority shall formally appoint inspectors possessing required
30 
qualifications and training and shall issue them with appropriate credentials;
19


1 
(c) The Authority shall have the power to conduct inspections, obtain
2 
information, question persons, and carry out any other examination as may be
3 
necessary to verify compliance with the provisions of this Act, applicable
4 
regulations and the terms and conditions of authorizations issued by it;
5 
(d) Inspectors shall have access at any time to all parts of the premises or
6 
facilities where activities or practices are carried out;
7 
(e) Inspections shall include programmed Inspections and reactive
8 
inspections, both announced and unannounced;
9 
(f) The Authority shall have the power to station inspectors at premises or
10 
facilities where activities and practices are carried out as may be determined by
11 
the Authority to be necessary;
12 
(g) Inspection results shall be documented and recorded and be made
13 
available to relevant officials, the authorized party and other entities as a basis for
14 
corrective or enforcement action or for development of the regulatory process.
15 
Sec. 18. Enforcement - (a) The Authority shall establish and implement an
16 
enforcement policy for responding to non-compliance by authorized parties with
17 
the provisions of this Act, applicable regulations or the terms and conditions of an
18 
authorization;
19 
(b) Where an authorized party or other person or entity is found to be
20 
non-compliant with any provision of this Act, applicable regulations or the terms
21 
and conditions of an authorization, the Authority shall take enforcement action
22 
commensurate with the seriousness of the non-compliance. Any enforcement
23 
action shall be reviewed and approved by the DG;
24 
(c) The authorized party or other person or entity subject to enforcement
25 
action shall take the necessary measures to remedy the non-compliance as soon
26 
as possible, as required by the Authority, and take the necessary measures to
27 
prevent a recurrence
28 
(d) A report shall be issued by the Authority containing relevant findings
29 
and identifying the evidentiary basis for the findings and enforcement action. This
30 
report shall be made available to the authorized party. The authorized party shall
31 
have the right to submit additional information or appeal a decision by the
20


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
Authority within time periods to be defined in regulations or provided for 
administrative appeal or judicial review;
(e) Enforcement actions shali continue to be in force unless and until:
(1) Withdrawn by the relevant inspector;
(2) Reversed or modified by action of the Authority; or
(3) Altered through an administrative appeal or judicial review.
ARTICLE IV
RADIATION PROTECTION
Sec. 19. Existing Regulations. - All existing regulations, rules and orders 
relating to radiation protection shall remain in force until superseded by the 
regulations, standards and guideiines issued by the Authority.
Sec. 20. Radiation Protection. - The Authority shall establish a system of 
control over radioactive sources and devices in which such sources are 
incorporated to ensure that they are safely managed and securely protected 
during their useful lives and at the end of their useful lives, in accordance with the 
recommendations and guidance of the International Commission on Radioiogical 
Protection and impiementation of the reievant requirements of the IAEA.
ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 21. Emergency Plans, - (a) No authorization to conduct a regulated 
activity or practice may be granted uniess and until an appropriate emergency 
preparedness and response pian has been developed by the applicant and 
approved by the Authority;
(b) The Authority shali estabiish, by regulations or terms and conditions in 
an authorization, a requirement that on-site emergency preparedness and 
response plans be prepared and approved for any nuclear facility or activity, 
practice or source that couid give rise to a need for emergency intervention.
(c) In the preparation of emergency preparedness and response pians, the 
foilowing shail be taken into account:
21


1 
(1) An assessment of the nature, likelihood, and potential
2 
magnitude of resulting damage, including the population and territory at
3 
risk from an accident, malicious act or incident;
4 
(2) The results of any accident analyses and any lesson learned
5 
from experience and/or incidents and accidents that have occurred in
6 
connection with similar facilities or activities; and
7 
(3) Coordination with off-site emergency preparedness and
8 
response plans.
9 
(d) Preparation of emergency preparedness and response plans for
10 
activities, facilities, practices, or sources that could involve significant nuclear or
11 
radiological damage shall be coordinated with all relevant emergency intervention
12 
or response organizations;
13 
(e) Emergency plans shall be periodically reviewed, updated, and tested;
14 
(f) In the event of a nuclear or radiological emergency, the authorized
15 
party shall implement the emergency preparedness and response plan as
16 
approved by the Authority.
17 
Sec. 22. National Plan for Nuclear or Radiological Emergencies. - (a) A
18 
national emergency plan for responding to potential nuclear or radiological
19 
emergencies shall be developed and maintained by the National Disaster Risk
20 
Reduction and Management Council of the Department of National Defense and
21 
approved by the Secretary of the Department;
22 
(b) The national emergency plan for responding to nuclear or radiological
23 
emergencies shall be developed and maintained based on recommendations of
24 
the Authority;
25 
(c) The national emergency plan for responding to nuclear or radiological
26 
emergencies shall include an allocation of responsibilities and actions among
27 
relevant governmental and non-governmental bodies, including arrangements for
28 
communications and public information.
29 
Sec. 23. Transboundary Emergencies. - (a) In the event of a nuclear or
30 
radiological emergency that poses a risk that radioactive contamination could
31 
spread beyond the boundaries of the Philippines, the Government shall
22


1 
immediately notify the IAEA and the relevant authorities of any State which may
2 
be physically affected by a release that could be of radiological significance for
3 
that State;
4 
(b) The Authority shall serve as the point of contact for providing any
5 
information or assistance regarding nuclear or radiological emergencies under the
6 
terms of relevant international instruments to which the Philippines is a party.
7 
ARTICLE VI
8 
NUCLEAR SECURITY
9 
Sec. 24. Regulation of Physical Protection. - (a) The Authority shall
10 
establish requirements for the physical protection of nuclear material in use,
11 
storage, and transport and of nuclear facilities based on a graded approach to:
12 
(1) Protect against theft and other unlawful taking of nuclear
13 
material and other radioactive material;
14 
(2) Implement rapid and comprehensive measures to locate and
15 
recover missing or stolen nuclear material or other radioactive material;
16 
(3) Protect nuclear material and nuclear facilities against sabotage;
17 
and
18 
(4) Mitigate or minimize the radiological consequences of sabotage;
19 
(b) The requirements established by the Authority shall include:
20 
(1) Authorization requirements and procedures that include
21 
conditions for physical protection;
22 
(2) Inspection and monitoring measures to verify compliance with
23 
applicable physical protection requirements; and
24 
(3) Enforcement measures in case of non-compliance with this Act,
25 
applicable regulations or terms and conditions of authorizations;
26 
(c) During international transport of nuclear material, including within the
27 
territory of the Philippines, and on board a ship or aircraft under its jurisdiction
28 
and engaged in transport to or from the Philippines, physical protection measures
29 
shall be applied to different categories of nuclear material in accordance with the
30 
relevant international instruments to which the Phiiippines is a party;
23


1 
(d) The export, import, or transit of nuciear material from, to or within the
2 
Philippines shall not be authorized unless the Philippines has received assurances
3 
that such material shall be protected during international nuclear transport in
4 
accordance with the relevant international instruments to which the Philippines is
5 
a party;
6 
(e) The Authority shall coordinate with other relevant Government security
7 
authorities in connection with the requirements for the physical protection of any
8 
nuclear material.
9 
Sec. 25. Physical Protection. - Responsibilities of the Authorized Person:
10 
(a) The authorized party, or holder of the relevant authorizing documents
11 
in the case of international transportation, shall have the prime responsibility for
12 
the implementation of physical protection of nuclear material and nuclear facilities.
13 
(b) Where there has been a theft, robbery, or other unlawful taking,
14 
credible threat of unlawful taking, or loss of nuclear or other radioactive material,
15 
the authorized party shall:
16 
(1) Notify the Authority without delay of the incident and
17 
circumstances thereof;
18 
(2) Provide a written report, including particulars, to the Authority
19 
as soon as practicable after providing notice; and
20 
(3) Provide the Authority with any additional information requested;
21 
Sec. 26. International Cooperation and Assistance. - (a) The Authority shall
22 
serve as the point of contact for matters related to physical protection under the
23 
terms of relevant international instruments to which the Philippines is a party,
24 
including with respect to cooperation and assistance arrangements with other
25 
States and international organizations;
26 
(b) In the event of theft, robbery, or other unlawful taking, credible threat
27 
of unlawful taking, or loss of nuclear or other radioactive material, the Authority
28 
shall take appropriate steps as soon as possible to inform other States or
29 
international organizations that may be affected of the circumstances of the
24


1 
incident in accordance with the reievant internationai instruments to which the
2 
Phiiippines is a party.
3 
(c) The Authority shaii be the centrai authority in the Phiiippines
4 
responsibie for coordinating the recovery and response in the event of any theft,
5 
robbery or other uniawfui taking, or ioss of nuciear materiai or radioactive
6 
materiai.
7 
Sec. 27. Protection of Confidential Information. - (a) No person shaii
8 
disciose confidentiai information reiating to the physicai protection of nuciear
9 
materiai or nuciear faciiities.
10 
(b) A person who discioses confidentiai information reiating to the physical
11 
protection of nuclear material or nuclear facilities shall be liable for violation under
12 
Section 45 of this Act.
13 
Sec. 28. Handling of Nuciear and Other Radioactive Material and Devices. -
14 
(a) Whoever, without lawful authority, receives, possesses, transfers, alters, or
15 
disposes of nuclear and other radioactive material or possesses a device:
16 
(1) with the intent to cause:
17 
(i) death or serious bodily injury; or
18 
(ii) substantial damage to property or to the environment; or
19 
(2) which causes or is likely to cause death or serious injury to any
20 
person or substantial damage to property or to the environment;
21 
shall be punished with the penalties provided under Section 45 hereof, taking into
22 
account the grave nature of such offenses.
23 
(b) Whoever commits:
24 
(1) 
a theft or robbery of nuclear and other radioactive material;
25 
(2) 
an embezzlement or fraudulent obtainment of nuclear and
26 
other radioactive material; or an act which constitutes the carrying,
27 
sending, or moving of radioactive material into or out of a State without
28 
lawful authority;
25


1 
shall be punished with penalties provided under Section 45 hereof, taking into
2 
account the grave nature of such offenses.
3 
(c) Whoever threatens to commit an offense set forth in paragraph b(l) of
4 
this Section in order to compel a person, international organization or State to do
5 
or to refrain from doing any act shall be punished with penalties provided under
6 
Section 45 hereof, taking into account the grave nature of those offenses;
7 
(d) Whoever demands nuclear and other radioactive material or a device
8 
by threat, or by use of force, or by any other form of intimidation, under
9 
circumstances which indicate the credibility of the threat shall be punished with
10 
penalties provided under Section 45 hereof taking into account the grave nature
11 
of those offenses.
12 
Sec. 29. Use of Nuclear and Other Radioactive Material. - (a) Whoever,
13 
without lawful authority, uses or disperses in any way nuclear and other
14 
radioactive material or uses or makes a device:
15 
(1) with the intent to cause:
16 
(i) death or serious bodily injury; or
17 
(ii) substantial damage to property or to the environment; or
18 
(2) to compel a person, an international organization, or a State to
19 
do or refrain from doing an act; or
20 
(3) which causes or is likely to cause death or serious injury to any
21 
person or substantial damage to property or to the environment;
22 
shall be punished with penalties provided under Section 45 hereof, taking into
23 
account the grave nature of those offenses.
24 
(b) Whoever threatens to commit the offense set forth in paragraph (a) of
25 
this Section shall be punished with penalties provided under Section 45 hereof,
26 
taking into account the grave nature of those offenses.
27 
Sec. 30. Offenses Relating to Nuclear Facilities. - (a) Whoever uses or
28 
damages a nuclear facility, interferes with its operation, or commits any other act
29 
directed against a nuclear facility in a manner which releases or risks the release
30 
of radioactive material:
26


1 
(1) with the intent to cause:
2 
(i) death or serious bodily injury; or
3 
(ii) substantial damage to property or to the environment; or
4 
(2) with knowledge that the act is likely to cause death or serious
5 
injury to any person or substantial damage to property or to the
6 
environment by exposure to radiation or release of radioactive
7 
substances, unless the act is undertaken in conformity with the national
8 
law of the State Party in the territory of which the nuclear facility 
is
9 
situated; or
10 
(3) to compel a person, an international organization or a State to
11 
do or refrain from doing an act,
12 
shall be punished with penalties provided under Section 45 hereof, taking into
13 
account the grave nature of those offenses;
14 
(b) Whoever threatens to commit an offense set forth in paragraph 1 of
15 
this Article shall be punished with penalties provided under Section 45 hereof,
16 
taking into account the grave nature of those offenses;
17 
(c) Whoever demands a nuclear facility by threat or by use of force or by
18 
any other form of intimidation, under circumstances which indicate the credibility
19 
of the threat shall be punished with penalties provided under Section 45 hereof
20 
taking into account the grave nature of those offenses.
21 
Sec. 31. Jurisdiction. -The Philippines shall have jurisdiction over the
22 
offenses set forth in Article 6 of this Act, as follows:
23 
(a) When the offense is committed within the territory of the Philippines or
24 
on board a ship or aircraft registered in the Philippines;
25 
(b) When the alleged offender is a national or permanent resident of the
26 
Philippines;
27 
(c) When the alleged offender is present in the territory of the Philippines
28 
and is not extradited to any other State asserting jurisdiction; and
27


1 
(d) When an act is done outside the Phiiippines if the act is done in the
2 
course of international transport of nuclear material in a case where it is the State
3 
where the shipment originates or the State of ultimate destination.
4 
Sec. 32. Extradition. - The offenses set forth in this Article shall be
5 
considered as extraditable offenses pursuant to any extradition treaty between the
6 
Republic of the Philippines and any State that is a party to the relevant
7 
international instrument.
8 
ARTICLE VII
9 
SAFEGUARDS
10 
Sec. 33. Appiication of Safeguards. - (a)To ensure compliance with the
11 
relevant commitments of the Philippines pursuant to the Treaty on the Non-
12 
Proliferation of Nuclear Weapons, the IAEA shall have the right to apply
13 
safeguards as provided for in the Safeguards Agreements;
14 
(b) The Authority shall:
15 
(1) Ensure the implementation of the obligations of the Philippines
16 
arising from the Treaty on the Non-Proliferation of Nuclear Weapons and
17 
the Safeguards Agreements;
18 
(2) Collect and provide to the IAEA the information required to fully
19 
implement the Safeguards Agreements;
20 
(3) Facilitate access by IAEA inspectors within the territory of the
21 
Philippines; and
22 
(4) Coordinate with other relevant Government authorities in the
23 
provision of information to the IAEA in connection with the Safeguards
24 
Agreement.
25 
(c) Designated inspectors of the IAEA shall be permitted to enter and
26 
remain in the territory of the Philippines for the purpose of carrying out their
27 
safeguards functions in accordance with the Safeguards Agreements without the
28 
need to obtain visas.
28


1 
Sec. 34. Safeguards Inspections. - (a) Duly authorized representatives of
2 
the Authority and designated inspectors of the IAEA shall have access to any
3 
location or nuclear facility as provided for under the Safeguards Agreements, with
4 
a view to conducting the verification activities authorized by the Safeguards
5 
Agreements;
6 
(b) All agencies of the Government and all authorized parties shall allow
7 
the Authority and the IAEA to carry out any measures the Authority or the IAEA
8 
considers necessary or appropriate for achieving compliance with the undertakings
9 
of the Philippines in the Safeguards Agreements;
10 
(c) All agencies of the Government and all authorized parties shall
11 
cooperate fully with the Authority and the IAEA in the application of safeguards
12 
measures, including by:
13 
(1) Promptly providing all necessary information under the
14 
Safeguards Agreements;
15 
(2) Providing access to locations and nuclear facilities as required by
16 
the Safeguards Agreements; and
17 
(3) Providing support to the Authority and IAEA inspectors in the
18 
performance of their tasks.
19 
Sec. 35. System of Accounting for and Controi of Nuciear Materiai. - The
20 
Authority shall establish and maintain a system for the accounting for and control
21 
of nuclear material in the Philippines, which shall include:
22 
(a) A system for the measurement of nuclear material;
23 
(b) A system for the evaluation of measurement accuracy;
24 
(c) Procedures for reviewing measurement differences;
25 
(d) Procedures for carrying out physical inventories;
26 
(e) Procedures for reporting the loss or misappropriation of. Interference
27 
with, or an accident involving, nuclear material;
28 
(f) A system for evaluation of unmeasured inventories;
29 
(g) A system of records and reports for tracking nuclear material
30 
inventories and flows;
29


1 
(h) Procedures for ensuring that accounting methods and arrangements
2 
are being operated correctly; and
3 
(i) Procedures for reporting to the IAEA.
4 
Sec. 36. Responsibilities of Authorized Parties. - Authorized parties
5 
possessing, using, handling, or processing nuclear material subject to the
6 
Safeguards Agreements shall:
7 
(a) Maintain records as prescribed by the Authority;
8 
(b) Submit the prescribed reports to the Authority in the form, and at the
9 
times, specified by the Authority;
10 
(c) Perform the measurements of nuclear material and maintain required
11 
measurement control programs, as specified by the Authority;
12 
(d) Provide the Authority with information regarding the design of any
13 
nuclear facility, including any design changes, as specified by the Authority;
14 
(e) Conduct physical inventories of nuclear material, as specified by the
15 
Authority;
16 
(0 Give notice to the Authority on the import or export of nuclear
17 
material, as specified by the Authority;
18 
(g) Maintain physical protection and other security measures with respect
19 
to nuclear material, as specified by the Authority;
20 
(h) Immediately inform the Authority of any interference with or loss or
21 
misappropriation of nuclear material or of any accident which has led to, or could
22 
lead to, violation of the integrity of nuclear material;
23 
(i) Provide reports on planned future activities, as specified by the
24 
Authority; and
25 
(j) Allow authorized representatives of the Authority and designated
26 
officials of the IAEA to carry out, without hindrance, inspections at any nuclear
27 
facility or other location as provided for under this Act and the Safeguards
28 
Agreements.
29 
Sec. 37. Information Requirements for Research and Development
30 
Activities Related to the Nuclear Fuel Cycle. - (a) Any person intending to carry
31 
out research and development activities related to the nuclear fuel cycle, as
30


1 
defined in the Safeguards Agreements, shall provide to the Authority information
2 
on such activities prior to their commencement;
3 
(b) An authorized party performing activities subject to the Safeguards
4 
Agreements shall submit to the Authority the information and data necessary for
5 
compliance by the Philippines with the undertakings by the Philippines arising
6 
from the Safeguards Agreements.
7 
ARTICLE VIII
8 
TRANSPORT, IMPORT, AND EXPORT CONTROLS
9 
Sec. 38. Regulation of the Transport of Radioactive Material. - (a) The
10 
Authority shall establish requirements for the transport of radioactive material to,
11 
from, and within the jurisdiction of the Philippines;
12 
(b) The requirements adopted pursuant to this Section shall:
13 
(1) Include a categorization of radioactive material that takes into
14 
account the potential hazard posed by types, quantities, and activity levels
15 
of such material;
16 
(2) Take into account the technical requirements of the latest
17 
edition of the Regulations for the Safe Transport of Radioactive Material
18 
issued by the IAEA; and
19 
(3) Accept, and may not require the relicensing of, transport
20 
packages or containers licensed for transport by an experienced foreign
21 
nuclear regulatory body in a state that is in good standing under
22 
international nuclear instrument.
23 
Sec. 39. Export and Import of Nuclear or Radioactive Material. - (a) The
24 
Authority shall establish regulatory requirements and relevant guides for the
25 
export and import of nuclear and radioactive materials which require licenses to
26 
ensure, among others, the following:
27 
(1) An authorization from the Authority prior to export or import
28 
with the assurance of applying safeguards and physical protection
29 
measures to protect public health, safety, and security;
31


1 
(2) That the exporter has an authorization from the competent
2 
authority of the country of origin to export such materiais to the Phiiippines
3 
in accordance with laws and regulations of that country; and
4 
(3) That the importing country has the appropriate technical and
5 
administrative capabiiity, resources, and regulatory infrastructure needed
6 
for the safe and secure management of the requested nuciear and other
7 
radioactive materiai, particularly disused sources.
8 
(b) The review and approval of export authorizations of nuciear materiais
9 
shali be coordinated with the Department of Trade and Industry - Strategic Trade
10 
Management Office (DTI-STMO) and, the Bureau of Customs and border
11 
authorities of the Phiiippines in accordance with the Customs Modernization And
12 
Tariff Act (CMTA).
13 
(c) A coordination mechanism between the Authority and DTI-STMO on
14 
export and import controis shail be estabiished: Provided, That the requirements
15 
for the import, export, and transit of controlied items to, from and within the
16 
territory of the Phiiippines, shali inciude:
17 
(1) Provision for periodic revision iists of controlled items;
18 
(2) End user controis;
19 
(3) Requirements for notification prior to shipment of exports where
20 
such notification has been determined to be necessary; and
21 
(4) Requirements for record keeping:
22 
Provided further, That the criteria for the granting of an authorization or license to
23 
export nuciear related items or nuclear related dual-use items identified by the
24 
Authority as being subject to controi shali include that:
25 
(1) The receiving State has in force an agreement with the IAEA
26 
requiring the application of safeguards and is in good standing under such
27 
agreement;
28 
(2) The receiving State has made a binding commitment to use the
29 
transferred items for peaceful purposes only and that IAEA safeguards will
30 
be applied to the transferred items;
32


1 
(3) The retransfer of exported controlled items to a third State or
2 
any reprocessing or enrichment of supplied nuciear material or involving
3 
the use of exported controlled items, is subject to a right of prior approval
4 
by the Philippines;
5 
(4) The levels of physical protection that will apply to the exported
6 
material will be consistent with those set forth in the Convention on the
7 
Physical Protection of Nuclear Material as amended by the Amendment to
8 
the Convention on the Physical Protection of Nuclear Material;
9 
(5) The applicant has provided information on the end use and end
10 
user of the controlled items that confirms the legitimate peaceful and
11 
secure use of such items;
12 
(6) For spent nuclear fuel or radioactive waste:
13 
(i) 
The receiving State has received prior notification of,
14 
and has consented to, the transfer; and
15 
(ii) 
Export will not be authorized to a destination south of
16 
latitude sixty (60) degrees south (Antarctica) for storage or disposal;
17 
(7) If applicable, all relevant States have given consent to the
18 
transit of the items through their territory; and
19 
(8) The consignee, consignor, consignment, and carrier of the items
20 
have been appropriately licensed:
21 
Provided finally, That the criteria for the granting of an authorization to import
22 
controlled items by the Authority shall include that:
23 
(1) The importation of the items is not otherwise prohibited by law
24 
of the Republic of the Philippines;
25 
(2) The exporting State shall require the application of appropriate
26 
levels of physical protection to the international transport;
27 
(3) If applicable, all relevant States have given consent to the
28 
transfer of the items through their territory;
29 
(4) The consignee, consignor, consignment, and carrier of the items
30 
have been appropriately licensed; and
33


1 
(5) The end user of the imported nuclear items has the
2 
demonstrated technical and administrative capability and resources to use
3 
the imported nuclear items in a safe and secure manner.
4 
ARTICLE IX
5 
RADIOACTIVE WASTE AND SPENT FUEL
6 
Sec. 40. Scope for Radioactive Waste. - (a) This Act shall apply to the
7 
management of all radioactive waste resulting from civilian applications in the
8 
Philippines: Provided, That it shall not apply to waste that contains only naturally
9 
occurring radioactive material and that does not originate from the nuclear fuel
10 
cycle, unless such waste is declared as radioactive waste, for purposes of this Act,
11 
by the Authority.
12 
(b) This Act shall also apply to the management of spent fuel resulting
13 
from the operation of civilian nuclear reactors in the Philippines.
14 
Sec. 41. Nationai Poiicy and Strategy. - (a) A national policy and strategy
15 
for radioactive waste and spent fuel management shall be developed and
16 
approved at the national level by a presidential issuance, until and unless a law
17 
has been promulgated to this effect;
18 
(b) The Department of Environment and Natural Resources shall, in
19 
coordination with the PNRI, the Authority when constituted, and other relevant
20 
agencies identify a minimum area of two hundred (200) hectares as site for the
21 
management of low and intermediate level radioactive waste which shall be called
22 
—The National Low and Intermediate Level Waste Management Sitel;
23 
(c) The PNRI shall establish an office tasked to manage the low and
24 
intermediate level radioactive waste to be called the "Low and Intermediate Level
25 
Radioactive Waste Management Office/Center";
26 
(d) The Low and Intermediate Radioactive Waste Management
27 
Office/Center shall have an initial piantiiia of not less than fourteen (14);
28 
(e) Spent Nuclear Fuel (SNF) shall be stored in dry cask after the fuel has
29 
been cooled in the Spent Fuel Pool (SNP) for five (5) years from the time it is
30 
unloaded from the reactor for replacement. The period to transfer to dry cask
34


1 
shall start on the first day of the sixth year and shall not exceed the last day of
2 
the seventh year from the time the fuei assembiy has been unloaded from the
3 
reactor for replacement;
4 
(f) The Authority may certify remote dry cask interim storage concrete
5 
pads or roofed interim storage faciiities located anywhere in the Philippines.
6 
Sec. 42. General Principles Applying to Radioactive Waste and Spent Fuel
7 
Management - At ail stages in the management of radioactive waste and spent
8 
fuel in the Philippines, the foliowing principies shali be applied by ali persons and
9 
entities, including governmental bodies:
10 
(a) People and the environment are adequately protected against
11 
radioiogical and other hazards;
12 
(b) The generation of radioactive waste is kept to the minimum
13 
practicable;
14 
(c) The interdependence among the different steps of radioactive waste
15 
and spent fuel management is taken into account;
16 
(d) Protective measures for radioactive waste and spent fuei management
17 
in the Phiiippines are implemented in a manner that reflects internationally
18 
recognized criteria, standards and guidance adopted by the IAEA;
19 
(e) Bioiogical, chemical, and other hazards that may be associated with
20 
radioactive waste and spent fuel management are adequately addressed;
21 
(f) Criticality and removal of residual heat generated during radioactive
22 
waste and spent fuei management are adequately addressed;
23 
(g) Actions imposing reasonably predictable impacts on future generations
24 
greater than those permitted for the current generation are avoided;
25 
(h) Undue burdens on current and future generations are avoided;
26 
(i) Spent fuel may be kept in interim storage pending future commercial
27 
use, such as in fuel for Generation IV nuclear reactors as determined by the
28 
Authority;
29 
(j) The operator of a nuclear facility shall be solely responsible for the
30 
funding of radioactive waste and spent fuel management and disposal; and
31 
(k) The application of other existing environmental laws.
35


1 
Sec. 43. Disposal Plan. - The authorized party of a nuclear waste disposal
2 
facility shall prepare a plan for the closure of that facility that includes both active
3 
and passive institutional controls. The Authority shall approve this plan prior to
4 
authorizing the operation of that facility.
5 
Sec. 44. Import of Radioactive Waste. - Radioactive waste generated
6 
outside the territory of the Philippines shall not be imported into the Philippines
7 
unless a determination has been made by Congress or the President of the
8 
Philippines that the import would be in the national interest and an authorization
9 
has been issued by the Authority.
10 
ARTICLE X
11 
OFFENSES, PENALTIES, AND APPEALS
12 
Sec. 45. Criminal Offenses and Penalties. - (a) Any person who shall
13 
wilfully violate, attempt to violate, or conspire to violate any provision of Section
14 
12 of this Act, shall upon conviction thereof, suffer the penalty of imprisonment of
15 
not more than five (5) years or a fine of not less than One million pesos
16 
(1,000,000.00) or both at the discretion of the Court;
17 
(b) The provision of the Revised Penal Code (RPC), as amended, shall
18 
apply to any person who shall wilfully violate, attempt to violate, or conspire to
19 
violate the provisions of Sections 28, 29, and 30 of this Act with penalty one (1)
20 
degree higher than the ones prescribed by the RPC, as amended. In case the
21 
degree of penalties does not apply, or when the offense or offenses constitute a
22 
violation of a special penal law, an additional penalty of one (1), two (2), and
23 
three (3) years, for crimes equivalent to light, less grave, and grave offenses,
24 
respectively, shall be imposed in addition of the penalty provided by the applicable
25 
special penal law.
26 
(c) Any person who shall willfully violate, attempt to violate, or conspire to
27 
violate any other provisions of this Act, regulation, order, authorization or license
28 
issued under the authority of this Act, shall, upon conviction thereof, suffer the
29 
penalty of imprisonment of not more than two (2) years or a fine of not less than
36


1 
Two hundred fifty thousand pesos (250,000.00) or both at the discretion of the
2 
Court. The Authority shail determine the acts punishabie hereunder.
3 
The Authority may, motu proprio or upon the initiative of any interested
4 
person, file a verified complaint for the commission of any of the acts complained
5 
hereof.
6 
Sec. 46. Administrative Offense and Appeais of Reguiatory Decisions. - (a)
7 
The Authority shall establish a range of penalties, both administrative and civil, to
8 
be imposed in cases of non-compliance with the applicable regulatory
9 
requirements or the terms and conditions of an authorization;
10 
(b) The Court of Appeals shall have the power of judicial review over any
11 
final order or decision of the Authority, consistent with the provisions of the Rules
12 
of Court on Appeals.
13 
ARTICLE XI
14 
FINAL PROVISIONS
15 
Sec. 47. Liabiiity for Nuciear Damage. - The sections of Part VII, Liability
16 
for Nuclear Damage, of the Atomic Energy Regulatory and Liability Act of 1968
17 
shall continue to apply in accordance with international nuclear liability
18 
instruments to which the Philippines is a party.
19 
Sec. 48. Human Resources. - All piantiiia positions of the Nuclear
20 
Regulatory Division of the PNRI and those with responsibilities solely on the use of
21 
ionizing radiation device and operation of its facilities in the Radiation Regulation
22 
Division- Center for Device Regulation, Radiation, Health and Research (CDRRHR)
23 
of the Department of Health - Food and Drug Administration, are hereby
24 
transferred to the Authority including all powers , functions and duties, records,
25 
files, equipment, assets and funds.
26 
There shall be no demotion in ranks and positions, and no diminutions in
27 
salaries, benefits, allowances, and emoluments of all PNRI and CDRRHR personnel
28 
to be transferred to the Authority.
37


1 
The Authority shall draw up its organizational structure with the necessary
2 
qualification requirements and standards in accordance with the Civil Service Law,
3 
rules, and regulations for evaluation and approval of the DBM upon submission to
4 
the DBM.
5 
Qualified employees of the Authority and its attached units shall be covered
6 
by Republic Act No. 8439, otherwise known as the "Magna Carta for Scientists,
7 
Engineers, Researchers and other Science and Technology Personnel in the
8 
Government".
9 
Sec. 49. 
Appropriations. - The amount necessary for the 
initial
10 
implementation of this Act shall be charged against the current year's
11 
appropriations of the departments and agencies concerned. Thereafter, such
12 
amount shall be included in the annual General Appropriations Act.
13 
Sec. 50. Implementing Regulations. - The Authority shall issue the rules
14 
and regulations necessary to implement this Act within one hundred and eighty
15 
(180) days upon the effectivity of this Act.
16 
Sec. 51. Period of Commencement - Notwithstanding Section 50 of this
17 
Act, the period therein shall commence only after the PhilATOM Council shall have
18 
been duly constituted.
19 
Sec. 52. 
Joint Congressional Oversight 
Committee (JCOC). - A
20 
Congressional Oversight Committee (COC) is hereby created composed of the
21 
Chairpersons of the Special Committee on Nuclear Energy and the Committee on
22 
Appropriations of the House of Representatives and two (2) Members, to be
23 
appointed by the Speaker, and the Chairpersons of the Committees on Nuclear
24 
Energy and Finance of the Senate and two (2) Members, to be appointed by the
25 
President of the Senate, to oversee the implementation of this Act and to review
26 
the accomplishments and the utilization of income of the Authority. The
27 
secretariat of the COC shall be drawn from the existing personnel of the
28 
committees comprising the COC.
38


i
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
Sec. 53. Separability Clause. - If any provision of this Act is declared 
unconstitutional or invalid, the other provisions shall not be affected and shall 
remain in full force and effect.
Sec. 54. Repealing Clause. - The pertinent provisions of Republic Act No. 
2067, otherwise known as the Science Act of 1958, as amended. Republic Act No. 
5207, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, 
as am emended. Republic Act No. 9711 otherwise known as the Food and Drug 
Administration Act of 2009, Executive Order No. 128 Series of 1987 on 
Reorganizing the National Science and Technology Authority are hereby repealed.
All other laws, executive orders, administrative orders, proclamations, rules 
and regulations and other issuances or parts thereof which are inconsistent with 
any provisions of this Act are hereby repealed or modified accordingly.
Sec. 55. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
39