Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

c
House Bill No. 926

Introduced by Representative Ron P. Salo

EXPLANATORY NOTE

There are two (2) regulatory agencies in the Philippines responsible for the
regulation of ionizing radiation, the Philippine Nuclear Research Institute (PNRI),
by virtue of Republic Acts 2067 (the Science Act of 1958), 3589, and 5207 (the
Nuclear Energy Regulatory and Liability Act of 1968) and the Center for Device
Regulation, Radiation Health and Research of the Food and Drug Administration
(FDA-CDRRHR), by virtue of Republic Act 9711

However, the PNRI operates numerous laboratories and offers technical
services, which have to be licensed themselves and are charged with promotion
and regulatory functions, which are incompatible according to international best
practices, This matter was raised already by two (2) Radiation Safety Infrastructure
(RaSIA) Audits (carried out by the International Nuclear Energy Agency (IAEA)) in
2004 of both PARI and FDA-CDRRHR (then known as the Bureau of Health
Devices and Technology, or BHDT). Recommendations from this audit led to the
re-structuring of the BHDT into the FDA as the CDRRHR, effectively independent
from their licensees, and with no promotion function in their mandate under
Republic Act 9711

Although FDA-CDRRHR does not suffer from this incompatibility. since a
thorough review of the General Safety Requirements for Governmental and Legal
Frameworks of the IAEA was carried out by the Department of Health: these
reforms for BHDT overtook the proposed reforms for PNRI, resulting in a situation
where in many facilities, most notably in healthcare, nave to obtain two licenses for
the use of ionizing radiation

It should be emphasized that although an effectively independent regulatory
authority is required, one reporting to the Office of the President wouid not be
feasible mainly because of rising administrative and operational costs. The transfer
of regulatory functions to a new regulatory commission attached to the Department
of Health becomes a very attractive option because such an agency will have its
own business plan, and is able to retain its own income, in addition to the required
effective independence of a regulatory agency.

Page 1 of 27


In this proposal, the term “atomic” was used instead of “nuclear” because
“atomic” refers to a broader sense of science that may eventually cater to
expansions in its mandate. It also creates a less aggressive and more positive
connotation. It should be noted that in the case of this bill, atomic and nuclear are
one and the same,

The immediate passage of this Bill is earnestly sought

RON P. SALO
KABAYAN Partylist

Page 2 of 27


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 226

Introduced by Representative Ron P. Salo

AN ACT
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY
FRAMEWORK, CREATING FOR THE PURPOSE THE PHILIPPINE ATOMIC
REGULATORY COMMISSION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled
ARTICLE|

GENERAL PROVISIONS
SECTION 1. Short Title. —This Act shall be known as the Comprehensive
Atomic Regulation Act

SEC. 2, Declaration of Policy. — It is hereby declared to be the policy of
the State to:
a) Harness the peaceful uses of atomic energy that can provide important
benefits in the fields of health and medicine, energy production,
scientific research, agriculture, industry, and education,

b)

Recognize the potentially harmful effects of ionizing radiation resulting
from improper use, accidents, or malicious acts, as well as determine
the doses of radiation for which their ill-effects disappear or become
beneficial;

¢) Protect individuals, society, and the environment from the potentially
harmful effects of ionizing radiation, including those resulting from
improper use, accidents or malicious acts;

d) Establish and maintain a legal and regulatory framework for the
regulation and control of peaceful uses of radiation sources, atomic
material, and any other radioactive material;

@) Manage radioactive waste in a manner that protects current and future

generations from undue impacts, and

Page 3 of 27


Establish and maintain a legal and regulatory framework for
implementing effective measures to prevent, detect, and respond to
unauthorized acts involving atomic material, other radioactive material
including radioactive sources and their associated facilities and
activities that may cause injury to persons, property, or the
environment, or otherwise jeopardize national security

SEC. 3. Objectives. —The objectives of this Act are:

a) To provide a legal framework that adequately protects public health and
safety and the environment now and in the future, against the harmful
effects of ionizing radiation, and for the safety and security of atomic
material, other radioactive material including radioactive sources, and
their associated facilities and activities:

b)To establish the Philippine Atomic Regulatory Commission (PARC) for
the purpose of exercising regulatory contro! over the peaceful uses of
ionizing radiation in the territory or area under the jurisdiction or control
of the Republic of the Philippines, including the production, possession,
use, import, export, transport, transfer, handling, and management of
radioactive materials, atomic materials or other activities or practices
identified by the PARC;

c) To establish and maintain a regulatory system for the formulation and
adoption of regulations and guide on the use of ionizing radiation that
specify the principles. requirements, and associated criteria for safety
and security upon which regulatory judgments, decisions, and actions
are based; and

d)To enable the Philippines to implement relevant international egal
instruments entered into by the Philippines, in particular the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT); the Treaty on
Southeast Asia Nuclear Weapon-Free Zone; Comprehensive Test Ban
Treaty; the Agreement between the Philippines and the International
Atomic Energy Agency (IAEA) for the Application of Safeguards in
Connection with the NPT (the Safeguards Agreement); Additional
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability
for Nuclear Damage; Agreement on the Privileges and Immunities of the
IAEA; Convention on the Physical Protection of Nuclear Material, United
Nations Resolutions on Nuclear Security, and other relevant
international instruments entered into by the Republic of the Philippines.

€)To take cognizance of the conventions signed by the Philippine
Government such as Amendment to the Convention on Physical
Protection of Nuclear Materials; international Convention on the
Suppression of Acts of Nuclear Terrorism; Convention on Nuclear
Safety; and Joint Convention on the Safety of Spent Fuel Management
and on the Safety of Radioactive Waste Management
Page 4 of 27


SEC. 4. Scope, Exemption and Exclusion: -

a) This Act shall apply to all activities and practices involving the peaceful
uses of atomic energy and other radioactive materials, associated
facilities and activities and radiation sources conducted within the
territory or under the jurisdiction or control of the Philippines:

b) This Act shall not apply to activities or practices involving exposures that
have been excluded from regulatory control through regulations
established by the Philippine Atomic Regulatory Commission

c) This Act shall not apply to regulation of sources of non-ionizing
radiation.

d) The uses of atomic energy and ionizing radiation in the country shall be
for peaceful uses only. Any activities or practices related to the
acquisition or development of atomic explosives, radiological dispersal
devices, or other peaceful uses of atomic or other radioactive materials
and related technology or assisting others in such activities are strictly
prohibited

SEC. 5. Definitions. — As used in this Act:

a) Activities refer to the production, use, import and export of radiation
sources for industrial, research and medical purposes; the transport of
radioactive material; the siting, construction, commissioning, operation
and decommissioning of facilities, radioactive waste management
activities such as the discharge of effluents, the mining and processing
of radioactive ores; site rehabilitation including the remediation of sites
affected by the residues from past activities, and such other activities
as the PARC shall determine from time to time;

b) Activity refers to the amount of radionuclide produced in a given energy
state at a given time, also known as radioactivity,

©) Atomic refers to any process related to the atom, the basic building
block of matter:

d) Atomic accident refers to any unintended event. inciuding operating
errors, equipment failure and other mishaps, the consequences or
potential consequences of which are not negligible from the point of
view of protection or safety:

e) Authorization refers to a written permission granted by the PARC to a
person who has submitted an application involving atomic and
radioactive materials and associated facies, and ionizing radiation
generating equipment. The authorization can take the form of a
registration, or a license;

f) Decommissioning refers to the administrative and technical actions
taken to allow the removal of some or all of the regulatory controls from
a facility to ensure the long term protection of the public and the
environment, and typically includes reducing the levels of residual
fadionuclides in the materials and on the site of the facility so that the
materials can be safely recycled, reused, or disposed of as exempt

Page 5 of 27


9)

h)

d

k)

m)

n)

°)

waste or as radioactive waste and the site can be released for

unrestricted use or otherwise reused;

Emergency plan refers to a description of the objectives, policy, and

concept of operations for the response to an emergency and of the

structure, authorities and responsibilities for a systematic, coordinated

and effective response. The emergency plan serves as the basis for the

development of other plans, procedures and checklists;

Emergency preparedness refers to the capability to take actions that

will effectively mitigate the consequences of an emergency for human

health and safety, quality of life, property, and the environment;

Emergency response refers to the performance of actions to mitigate

the consequences of an emergency for human health and safety,

quality of life, property, and the environment;

Exclusion refers to the deliberate excluding of a particular category of

exposure from the scope of an instrument of regulatory control on the

grounds that itis not considered amenable to regulatory control through

the regulatory instrument in question

Exposure refers to the state or condition of being subject to irradiation;

Exemption refers to the determination by the PARC that a source or

practice need not be subject to some or all aspects of regulatory control

onthe basis that the exposure, including potential exposure, due to

the source or practice being too small to warrant the application of those

aspects or that this is the optimum option for protection irrespective of

the actual level of the doses or risks;

Facilities refer to atomic installations or radiation facilities in which

people may be exposed to ionizing radiation. These include:

4) uranium mining and raw material processing facilities such as
uranium mines;

2) enrichment facilities and atomic fue! fabrication facilities;

3) atomic power plants;

4) other reactors such as research reactors and critical assemblies;

5) conversion facilities used to generate uranium hexafluoride (UF6):

6) spent fuel reprocessing plants;

7) radioactive waste management facilities;

8) radiation generator installations and facilities;

9) irradiation installations:

10) atomic and radiation facilities for medical, industrial, research, and
education purposes: and

11) such other facilities as the PARC shall determine from time to time;

Facility operator refers to any organization or person applying for

authorization or authorized or responsible for atomic, radiation,

radioactive waste or transport safety when undertaking activities or in

relation to any atomic facility or source of ionizing radiation. This

includes, inter alia, private individuals, governmental bodies,

consignors or carriers, licensees, hospitals, and self-employed persons;

Income refers to the fees and other payments made to the PARC in the

conduct of its regulatory functions;

Page 6 of 27


p) Individual operator refers to any individual who manipulates the
controls of atomic installation and radiation facility:

g) Installation operator refers to any person, organization, or government
entity licensed or authorized to undertake the operation of an atomic or
radiation facility,

1) Ionizing radiation refers to electromagnetic or particulate radiation
capable of producing ion pairs directly or indirectly;

s) lonizing radiation sources refer to atomic and other radioactive

materials facilities and radiation generating equipment;

t) License refers to a legal document issued by the PARC granting
authorization to perform specified activities related to facilities or
activities or any authorization granted by the PARC to the applicant to
have the responsibility for the siting, design, construction,
commissioning, operation or decommissioning of an atomic installation;

u) Licensee refers to the authorized person who is a holder of a valid
license granted to a practice or source who has recognized rights and
duties, particularly in relation to protection and safety, or an
organization having overall responsibility for facilities or activities;

v) Natural sources refer to naturally occurring sources of radiation, such
as the sun and stars as sources of cosmic radiation; and rocks and soil
as terrestrial sources of radiation:

w) Notification refers to a document submitted to PARC by a person to
notify an intention to carry out a practice or other use of source;

x) Person refers to any organization, corporation partnership, firm
association, trust, estate, public or private institution, group, political or
administrative entity, or other persons designated in accordance with
national legislation who or which has responsibility and authority for
any action having implications for protection and safety;

y) Physical protection refers to a technical and organizational measures
for protection from atomic material or authorized facilities designed to
prevent unauthorized access to atomic installations, atomic materials
and other radioactive materials

z) Practices refer to activities that introduce additional sources of
exposure or exposure pathways or extends exposure to additional
people or 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,

aa) Radiation facility refers to a facility that utilizes radicactive materials;
particle accelerator facility, and other such facility that the PARC shall

determine from time to time

bb) Radiation generating equipment or radiation generator refers to. an
equipment or device that generates ionizing radiation when energized
such as x-ray generating equipment or that would, if assembied or
repaired, be capable of producing ionizing radiation when energized
or any equipment that the PARC shall determine as such from time to
time

cc) Radiation protection refers to the protection of people and the
environment from the harmful effects of ionizing radiation,

Page 7 of 27


dd) Radiation source refers to a radiation generator, or a radioactive
source, or other radioactive material outside the atomic fuel cycles of
research and power reactors:

ee) Radioactive material refers to any material designated in national law
or by a regulatory body as being subject to regulatory control because
of its radioactivity which includes sealed and unsealed sources and
radioactive waste;

ff) Radioactive source refers to a radioactive material used as a source
of radiation such as those sources used for medical applications or in
industrial instruments,

99) Radioactive waste refers to a 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.

hh) Radioactive waste disposal refers to the permanent emplacement of
radioactive waste into areas, facilities or installation without intent to
retrieve it;

99) Radioactive waste and spent fuel storage refers to the holding of
radioactive sources, spent fuel or of radioactive waste in a facility that
provides for their containment, with the intention of retrieval at a future
date;

hh) Radionuclide refers to an unstable form of a chemical element that
radioactively decays, resulting in the emission of atomic radiation;

ii) Registrant refers to the holder of a current registration;

jj) Registration refers to a form of authorization for practices of low or
moderate risks whereby the person responsible for the practice has
prepared and submitted a safety assessment of the facilities and
equipment to the PARC created under Article Il, Sec. 6 of this Act, and
has complied with the legal requirements. The requirements for safety
assessment and the conditions or limitations applied to the practice
should be less severe than those for licensing,

Typical practices that may be registered are those undertaken in
facilities whose design and equipment ensure safety. or those whose
operating procedures are simple and easy to follow, those that require
minimal safety training, or those that historically have produced minimal
safety problems;

kk) Safeguards refer to measures undertaken to ensure that the tomic

i)

material, non-atomic material, services, equipment, facilities,
information, and certain items are not used for the manufacture of
atomic weapons or any other atomic explosive devices or to further
any military purpose;

Safety refers to the protection of people and the environment against
radiation risks, and of facilities and activities that give rise to radiation
risks;

mm) Security refers to the prevention and detection of and response

to theft, sabotage, unauthorized access, illegal transfer or other
malicious acts involving atomic material, other radioactive
substances or their associated facilities;

Page 8 of 27


nn) Source refers to anything that may cause radiation exposure such as
by the emission of ionizing radiation or by the release of radioactive
substances or material that can be treated as a single entity for
protection and safety purposes

00) Special Drawing Right, hereinafter referred to as SDR, refers to the
unit of account defined by the International Monetary Fund and used
by it for its own operations and transactions:

pp) Special fissionable materials reter to Plutonium-239, Uranium-233,
Uranium enriched in the isotopes 235 or 233 and materials containing
one or more of the foregoing in concentration or amount exceeding
values established by the Philippine Atomic Regulatory Commission,

qq) Spent fuel refers to atomic fuel that has been irradiated in and
permanently removed from a reactor core; and

tr) Technical and scientific support organization refers to an external
organization or group of experts whom it may seek advice or
recommendations.

ARTICLE II
THE PHILIPPINE ATOMIC REGULATORY COMMISSION

SEC. 6. Creation and Mandate of the Philippine Atomic Regulatory
Commission. — There is hereby created an independent atomic regulatory
body to be known as the Philippine Atomic Regulatory Commission (PARC)
which shall have the sole and exclusive authority for exercising regulatory
control over all aspects of safety, security, and safeguards involving sources of
ionizing radiation, atomic materials and other radioactive materials, facilities,
and activities, and radiation generating equipment

All functions relating to atomic activities lodged in, or performed by other
departments, agencies, or offices of the government are hereby transferred to
the PARC,

SEC. 7. Regulatory Policy. — In issuing authorizations and other
Tegulations under this Act, the PARC shall:

a) Impose the minimum requirements to protect the health and safety of
the public and the environment, and ensure the security of atomic and
radioactive material, radiation sources and their associated facilities;

b) Prevent the spread of atomic weapons and prevent atomic or
radiological terrorism consistent with the obligations of the Philippines
under relevant international instruments,

c) Establish and implement regulations, rules and orders consistent with
relevant international standards and best practices; and

d) Ensure that operators are technically and financially qualified to

engage in the proposed activities in accordance with the requirements
of this Act and the PARC’s regulations, and has financial protection to
fulfill obligations on liability for atomic and radiation damage
SEC. 8. Functions of the PARC. - The PARC shal!
Page 9 of 27


g)
h)

id

k)

™m)

n)

Define, formulate, develop, and issue policies, regulations, orders and
rules, standards, regulatory guides, and other issuances necessary for
the implementation of this Act and its implementing rules and
regulations;
Issue, amend, and revoke rules, regulations and orders including
those pertaining to the financial capability of facility operators to cover
liability for atomic damage;
Establish and implement a system of authorization in the form of
registration, and licensing, including the modification, amendment,
suspension, and revocation of such authorization;
Review and assess submissions on safety assessments and security
plans from the facility operators prior to authorization and periodically
thereafter, as required,
Inspect, monitor, and assess facilities, activities, and practices to
ensure compliance with applicable regulations, and the terms and
conditions of authorizations,
Undertake enforcement measures as provided for under Section 22 of
this Act in the event of non-compliance with applicable regulations or
the terms and conditions of authorizations;
Define exemptions and exclusions from regulatory control;
Ensure the application of safeguard, safety and security requirements
consistent with national and international commitments;
Hold hearings and conduct investigations, and for these purposes,
administer oaths and affirmations and issue subpoenas to any person
to appear and testify, or to appear and produce documents at any
designated time and place;
Cooperate with other governmental or nongovernmental bodies
having competence in areas such as health and safety, environmentat
protection, security, and transportation of atomic and related
dangerous goods:
Act as the national authority on atomic safety, security and regulatory
matters relative to the international Atomic Energy Agency (IAEA),
foreign governments, ministries, departments, and agencies, relevant
regional and international organizations, including law enforcement
and intelligence agencies;
Participate in relevant regional and international conferences,
meetings, workshops, seminars and trainings related to safety,
security, and safeguards —_of atomic and other radioactive materials
and safety of radiation generating equipment;
Obtain experts’ advice and opinions necessary to perform its
functions, including the hiring of consultants, contracting of specific
projects, establishing Technical and Scientific Support Organizations,
and ad hoc advisory bodies;
Collaborate with other relevant government agencies to establish and
maintain a national radiological emergency preparedness and
response pian;
Carry out or contract research activities on radiation safety and
security;

Page 10 of 27


Establish appropriate mechanisms and procedures for informing and
consulting the public and other stakeholders about the regulatory
process and the safety, health, and environmental aspects of
regulated activities and practices, including incidents, accidents, and
abnormal occurrences;
Exercise regulatory control with respect to ionizing radiation sources,
including the issuance of authorization;
1) Establish and maintain a national register of radiation sources
s) Establish and maintain a national register of persons authorized to
carry out activities or practices under this law,
t) Cooperate with the IAEA in the application of safeguards in
accordance with the Safeguards Agreement, and any protocols
thereto, between the Republic of the Philippines and the IAEA
including conducting inspections and visits, carrying out
complementary access and providing any assistance or information
required by designated IAEA inspectors in the fulfillment of their
responsibilities;
Establish and maintain a State System of Accounting for and Control
of atomic material and a national system for the registration of licenses
for atomic material, and to establish the necessary reporting and
record keeping and requirements pursuant to the Safeguards
Agreement, and any protocols thereto, between a State and the IAEA;
v) Receive contributions, grants, bequests, gifts, and donations, in cash
or in kind, whether from local or foreign sources: provided, that
acceptance of grants, bequests, contributions, and donations from
foreign governments shall be subject to the approval of the President
of the Philippines, upon the recommendation of the Commissioner of
the PARC and the Secretary of the Department of Foreign Affairs
(DFA),
Perform such other relevant functions necessary to implement the
provisions of this Act.

P)

q)

u)

w)

SEC. 9. Management System. — The PARC shall establish, implement,
and assess a management system that is aligned with its safety goals and
contributes to its achievement. The PARC shall ensure that regulatory control is
stable and consistent.

SEC. 10. Organizational Structure. —The PARC shall be headed by a
Commissioner who shall be appointed by the President of the Philippines for a
term of five (5) years with a rank equivalent to an Undersecretary. The
Commissioner shall be assisted by four (4) Deputy Commissioners who shall be
appointed by the President with a rank equivalent to Assistant Secretary, and
who shail serve a term of five (5), four (4), three (3) and two (2) years,
respectively. Thereafter, the successors shall be appointed to serve for five (5)
years. The four (4) Deputy Commissioners shall represent the following sectors:
(a) health, (b) energy, (c) defense and security, and which shail include research,
academe, agriculture, and the environment. The Commissioner may come from
any of the aforesaid sectors.

Page 11 of 27


The Commissioner or at least one (1) Deputy Commissioner shall have
the necessary scientific and technical qualifications, preferably an advanced
degree in natural sciences or engineering or a broad professional background
in any of the said fields,

The members of the PARC shall not be removed from office except for just
cause and after due process as provided for by law.

For the proper management and effective implementation of the
objectives of the PARC, an Executive Director shall be appointed by the
President upon the recommendation of the Commissioner, and shall perform the
following functions:

a) Assist the Commissioner in the discharge of the executive and
administrative functions,

Coordinate and direct the activities of the staff and be responsible for
the day-to-day management of the affairs and activities of the PARC;

c) Recommend and develop plans to achieve the PARC's objectives; and

d) Perform such other relevant functions necessary to implement the

provisions of this Act.

Ail other officials and employees of PARC shall be appointed by the
Commissioner subject to the civil service laws, rules and regulations.

b

SEC. 11. Official Site of PARC. — A land area equivalent to at least ten
(10) hectares out of the lands under the administration of the Bases Conversion
and Development Authority (BCDA) within the Clark Special Economic Zone in
Pampanga and Tarlac, shall be allocated exclusively for the PARC office’
Provided, That the PARC shall establish additional offices in strategic areas as
it may deem necessary: Provided further, That the boundaries and technical
descriptions of the ten hectares of land in the Clark Special Economic Zone to
be designated for the use of the PARC shall be determined by an actual and
joint group survey.

SEC. 12. Fees and Charges. — The PARC is authorized to charge and
collect reasonable fees in the performance of its regulatory functions: Provided,
That such fees shall be imposed by regulation on the basis of such published
criteria as the PARC deems appropriate. The fees and charges collected by the
PARC shall be deposited with the Bureau of the Treasury as income of the
General Fund pursuant to Section 44, Chapter 5, Book VI of Executive Order
No. 292, s. 1987

SEC. 13. Radioactive Waste Management Fund. - A portion of the
payment of the electricity generated from the use of atomic energy shall be set
aside to establish a Radioactive Waste Management Fund in view of the
importance of atomic waste disposal and spent fuel. The Fund shall be held in
escrow and can only be utilized for the decommissioning of atomic facilities
including the safe management disposal of the atomic waste and spent fuel
which shall include siting research, transporting to the chosen disposal site, and
final geological disposal. The portion of the payment shall be determined by the
PARC based on international practice

Page 12 of 27


SEC. 14. Technical and Scientific Support Organizations. —The
PARC is authorized to seek expert opinion and recommendations from
independent technical and scientific support organizations that do not pose a
conflict of interest, or improperly influence the PARC’s regulatory decision
making. Any advice offered shall not relieve the PARC of its responsibilities
under this Act, other relevant laws, and applicable regulations.

SEC. 15, Establishment of an Advisory Board.- There shall be
established an Advisory Board to assist and counsel the Commissioners on
safety and security matters arising from the use of atomic and radioactive
materials and from the operation of atomic installations and radiation facilities,
and on regulations applicable to such authorizations. The Advisory Board shall
be composed of not more than twelve (12) members as follows:

a) Secretary of the Department of Science and Technology, as

Chairperson;

b) Secretary of the Department of Health, as Vice Chairperson;

c) Secretary of the Department of Energy:

d) Secretary of the Department of Environment and Natural Resources:

e) Secretary of the Department of Nationa! Defense;

f) Secretary of the Department of Trade and Industry;

g) Secretary of the Department of Agriculture;

h) Secretary of the Department of Foreign Affairs; and

i) Amaximum of four (4) experts from the academe and nongovernment

organizations

The advice of the Board may be considered by the PARC in its decisions
or resolutions: Provided, however, That the decision of the PARC shall prevail
The PARC shall be ultimately accountable for its decisions and actions

The Advisory Board may be convened anytime by the Chairperson, or upon
the request of the PARC.

ARTICLE Ill
REGULATION AND AUTHORIZATION OF FACILITIES AND ACTIVITIES

SEC. 16. Activities Subject to Authorization. — It shall be unlawful for
any person to transfer, construct, receive, own, possess, operate, import or
export any atomic installation and radiation facility except under an authorization

issued by the PARC. ‘A person or organization shall be required
specific authorization from the PARC to conduct any of the following activities or
practices:

a) Transfer, receipt, acquisition, ownership, possession, or use of atomic

or radioactive material for medical, industrial, agricultural, and research

applications;

Manufacture and distribution of radioactive materials or products

containing radioactive materials to other licensees or persons exempt

from the requirements for a license;

¢) Production of radioactive materials from particle accelerators;

d) Operation and maintenance of ionizing radiation facilities for scientific
research, industrial, and medical purposes;

Page 13 of 27

b)


) Siting, construction, commissioning, operation, _ dismantling,
decommissioning, and closure of atomic installations;

) Transport of atomic or radioactive materials to, within, and from the
Philippines; and

g) Engage in or provide atomic technical services.

SEC. 17. Requirement for Authorization. -

a) Any person who intends to engage in any activity or practice
mentioned in the immediately preceding section shall submit an
application to the PARC indicating the intention to carry out such
activity or practice in the form and within the time limits prescribed by
the PARC;

b) No authorization to acquire, own, or operate any atomic installation
and radiation facility shall be issued to any foreign government or
person, natural or juridical. Only a person 60% of whose capital stock
is owned by Filipino citizens shall be granted an authorization to
acquire, own, or operate an atomic installation and radiation facility.

SEC. 18. Licensing Process and Conditions for Issuance of
Authorization. — The PARC shall provide for the licensing process and the
conditions for the issuance of the appropriate authorization in the rules and
regulations (IRR) to be issued to implement this Act.

SEC. 19. Responsibilities of the Authorized Person. —

a) Any person to conduct the activities or practices specified in Section
16 shall have the primary responsibility for the safe and secure
conduct of those activities or practices and for ensuring compliance
with this Act and all applicable regulatory requirements and conditions
of the authorization related to those activities or practices.

b) Any person authorized to conduct activities or practices that require
appropriate competencies shall provide the PARC with any requested
assistance in the performance of its regulatory functions.

©) Any person authorized shall timely notify the PARC of any relevant
accident or emergency;

d) Any person who intends to discontinue the conduct of activities so
authorized by the PARC shall duly inform the latter at least six (6)
months prior to actual cessation of those activities or practices.

SEC. 20. Provisional Authorization. — In all cases of application for
authorization to construct a facility, if the PARC finds that, on the basis of the
technical information and data so far made available to it, there is reasonable
assurance that the proposed facility can be constructed and operated at the
proposed location without undue risk to the health, safety, and security of the
public and the environment, it shall issue the appropriate authorization to
operate the facility. Provided, That in cases where there is insufficient data or
information on health, safety, and security, or if there is a need to generate or
validate such data or information, the PARC may issue a provisional authority
to operate such facility for as long as in its determination, there is reasonable

Page 14 of 27


assurance that questions of health, safety, and security will be so resolved as to
warrant the issuance of an authorization to operate the facility: Provided,
however, That the provisional authority to operate the facility shall cover a period
not to exceed one (1) year.

SEC. 21. Additional Requirements in Case of Atomic Installation for
Commercial Power. - Nothing in this Act shall be construed to exempt the
operator of an atomic facility designed primarily for the generation of electricity
for commercial purposes from complying with other requirements provided by
existing laws, such as securing a franchise, a certificate of public convenience
and necessity, and obtaining approval for rates and services from the
appropriate agency.

SEC. 22. Tax and Duty Free Importation. - Upon certification by the
PARC, importations of atomic fuel for use in the faciities of registered business
enterprises may be free from taxes and duties in accordance with Title XIII (Tax
Incentives) of the National Internal Revenue Code of 1997, as amended

SEC. 23. Inspections and Enforcement. —

a) The PARC shall implement a system of inspection of atomic and
radiation facilities and activities based on the provisions of this Act to
verify compliance with the applicable requirements and conditions of
any authorization issued under Section 16

b) The PARC shall implement a system of verification of the safety and
security of atomic and other radioactive material through safety and
security assessments; monitoring and verification of compliance with
any authorization issued under Section 16; inspections; and the
maintenance of appropriate records by licensees. The verification
system shall be provided for in the regulations to be issued pursuant
to this Act

c) Where the PARC has established that any person has committed a
violation of relevant atomic safeguards, safety, and security,
regulations issued under this Act. the conditions of an authorization
issued under Section 16, or other requirements that do not constitute
a criminal offense under Sections 63 and 64 of this Act, it may impose
by order any of the following penalties in conformity with the
proceedings provided for in Section 23: appropriate enforcement
actions such as suspension, modification or revocation of
authorization, or a civil monetary penalty.

SEC. 24. Suspension, Modification, and Revocation of
Authorizations — Any authorization issued pursuant to this Act may be
suspended, modified or revoked by the PARC in the event of a violation of its
conditions, when circumstances in which the public interest, health, safety, or
security so requires, or when the conditions under which it was issued are no
longer complied with, or in any circumstance that continued activity under the
authorization shall pose an unacceptable risk to people or the environment
Provided, That the licensee shall have been accorded an opportunity to

Page 15 of 27


demonstrate or achieve compliance with the requirements. In all instances, the
PARC shall provide information to the public on the procedures and
requirements for suspension, modification, renewal, revocation, or
relinquishment of authorizations.

No authorization shall be transferred, assigned, encumbered, or in any
manner disposed of, either voluntarily, or involuntarily, directly or indirectly,
unless the PARC shall, after securing full information, find that such transfer.
assignment, encumbrance, or other disposition is in accordance with the
purposes and provisions of this Act and shall give its consent in writing

Upon the suspension, revocation, or expiration of an authorization which
is not renewed, and pursuant to the order of the PARC, the licensee shall be
required to take such measures as may be necessary to protect the health and
safety of the public and the environment from the harmful effects of radiation,
and ensure security of radioactive material and facilities.

Whenever practicable, the PARC may take temporary custody of any
atomic and other radioactive material and facility held by the licensee pending
their appropriate and lawful disposition.

ARTICLE IV
RADIATION PROTECTION

SEC. 25, Regulation to Ensure Radiation Protection. —

a) The PARC shall take the appropriate steps to ensure that:

1) No activity or practice shall be authorized unless it produces
‘sufficient benefit to the exposed person or to the society in a
manner that offsets the radiation harm that it may cause;

2) The magnitude of individual doses, the number of persons
exposed, and the likelihood of incurring exposures shall all be kept
as low as reasonably achievable, economic and social factors
considered; and

3) No individual shail be exposed to ionizing radiation doses which
exceed prescribed national dose limits;

b) The PARC shail establish dose limits for persons that may not be
exceeded in conducting activities under regulatory control;

c) The PARC shall identify sources or practices to be exempted from
regulatory contro!

d} The PARC shall establish clearance levels below which radioactive
material within authorized activities and practices can be released from
regulatory control;

e) The PARC shall ensure that authorized facilities maintain a record of
exposure of the public, patients, and of workers occupationally
exposed to ionizing radiation at their work: and

f) The PARC shall promulgate appropriate regulations and related
guidelines to address all issues and concerns related to exposure to
ionizing radiation from natural sources.

SEC. 26. Responsibilities of Authorized Persons in Radiation Protection.

Page 16 of 27


a) The authorized person shall bear the prime responsibility of ensuring

the safety and security of the facility and of all activities and practices

associated with it;

Authorized persons shall ensure compliance with the requirements

and dose limits established by the PARC and shall ensure that

radiation doses to workers and the public, including doses from

releases to the environment, are as low as reasonably achievable,

taking into account social and economic factors;

©) Persons authorized to conduct activities utilizing ionizing radiation for
medical purposes shall ensure the overall patient protection and safety
in the prescription of, and during the delivery of, medical exposures

b)

ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 27. Emergency Plan. - No authorization or license to conduct an
activity or practice, operate a facility or possess or use a source may be granted
unless and until an appropriate emergency preparedness and response plan has
been developed by the applicant and approved by the PARC.

In the event of an atomic or radiological emergency, the authorized
person shall implement the approved emergency preparedness and response
plan.

SEC. 28. Emergency Preparedness and Response. — The PARC
shall:

a) Develop and maintain a national emergency plan for responding to
potential atomic or radiological emergencies;

b) In the event of an atomic and radiological emergency, coordinate the
task of the radiological emergency response organization of the PARC
within the framework of the National Disaster Risk Reduction and
Management Council (NDRRMC) of the Department of National
Defense; and

©) Provide for an emergency response center and for an international
exchange of information on the radiation situation, consistent with the
Philippines’ obiigations under the Convention on Early Notification of
an Atomic Accident and the Convention on Mutual Assistance in the
Case of an Atomic Accident or Radiological Emergency.

d) Define the radiation levels at which protective and other response
actions shall be considered

ARTICLE VI
TRANSPORT OF ATOMIC AND OTHER RADIOACTIVE
MATERIAL

SEC. 29. Regulation in the Transport of Atomic and Other
Radioactive Material. — The PARC shall establish and implement safety and
security requirements for the transport of atomic and other radioactive material
to, from and within the jurisdiction of the Philippines consistent with the

Page 17 of 27


International Atomic Energy Agency (IAEA) regulations for the safe and secure
transport of radioactive material.

SEC. 30. Requirements for Authorization. — No person shall engage in
the transport of radioactive material without an authorization issued by the PARC.

ARTICLE VII
IMPORT AND EXPORT OF ATOMIC
AND OTHER RADIOACTIVE MATERIALS

SEC. 31. Import and Export Control. — The PARC shall
a) Establish regulatory requirements, procedures and relevant guides for

b)

the importation and exportation of atomic and other radioactive
materials including radioactive sources which require licensees, inter
alia to’

1) Secure an authorization from the PARC prior to importation or
exportation with the assurance of applying safeguards and
physical protection measures to protect public health. safety and
security,

Ensure before importation that the exporter has an authorization
from the competent authority of the exporting country to export
such materials to the Philippines in accordance with laws and
regulations of that country; and that a recipient is authorized to
receive such materials and has the capacity to ensure their safety
and security; and

Ensure before exportation that a recipient is authorized to receive
such materials and that the importing country has the necessary
and appropriate technical and administrative capability, resources
and regulatory infrastructure to ensure the safe and secure
management of such materials, particularly disused sources.
Coordinate with relevant agencies of government and establish
appropriate formal mechanisms for coordination to effectively
implement these import and export control measures for atomic and
other radioactive material as well as radioactive sources.

2

3

ARTICLE Vill
MANAGEMENT OF SPENT FUEL AND OTHER
RADIOACTIVE WASTE

SEC. 32. Regulation of Radioactive Waste and Spent Atomic Fuel
Management. — To ensure the safe and secure management of radioactive
waste and spent fuel, the PARC shall establish:

a) Applicable safety and security requirements and regulations for the

protection of people and the environment from adverse impacts of
radioactive waste and spent fuel management activities including
relating to predisposal management of radioactive waste, and
generation characterization, classification, pre-treatment, treatment,
conditioning, packaging and storage as appropriate;

Page 18 of 27


b) A system of authorization of radioactive waste and spent fuel
management activities;

©) A system of regulatory inspection, documentation, and reporting for
radioactive waste and spent fuel management activities, and in the case
of disposai, a system of institutional control;

d) A system of enforcement to ensure compliance with applicable
regulations and the terms and conditions of authorizations for
radioactive waste and spent fuel management activities; and

e) The PARC shall ensure the continuous regulatory control over
radioactive waste from its generation to final disposal, including
institutional control.

ARTICLE IX
ATOMIC SAFETY AND DECOMMISSIONING

Sec. 33. Licensing Process of Atomic Installations.
a) Any person who intends to construct or operate an atomic installation or
to conduct related activities shall obtain an authorization from PARC
consistent with the terms of this Act and applicable regulations.
b) The PARC shall establish requirements for the regulatory control of
atomic installations to include the following:
1) Regulations for siting, design, construction, commissioning, operation
maintenance and decommissioning;
2) Regulations for public information, management system, and
authorization of installation operators;
3) Assessment and verification of safety and security by the facility
operator and by PARC;
4) Financial and human resources necessary to ensure safety and
security; and
5) Human factors to be taken into account by the facility operator during
the lifetime of the atomic installation;

Sec, 34, Responsibility of Authorized Person for Atomic Safety. - The
authorized person shal! bear the prime responsibility of ensuring atomic safety
and security of the atomic installation and of all activities and practices associated
with it

Sec. 35. Decommissioning. - The PARC shall:
a) Establish requirements for the decommissioning of atomic installations or
radiation facilities, including
1) Safety and environmental criteria, including conditions on the end
state after decommissioning;
2) Limits and conditions for the removal of regulatory control for atomic
installations or radiation facilities containing radionuclides;
3) Regulations for the clearance of radioactive material during and
following decommissioning

Page 19 of 27


4) Allocation of adequate financial resources by the licensee that shall
be available when needed, to cover the costs associated with safe
decommissioning, including management of the resulting waste

(b) Ensure that relevant documents and records prepared by the facility

operator are maintained for a specified period of time before, during, and
after decommissioning.

Sec. 36. Decommissioning Plan.-
(a) At the design stage of an atomic installation, the applicant for

authorization to construct and operate an atomic installation shall
prepare an initial decommissioning plan for approval by the PARC. The
plan shall be commensurate to the type and status of the atomic
installation and the hazard that may be associated with the
decommissioning.

(b) The PARC shall require the facility operator to provide periodic reviews

and updates of the decommissioning plan and shall specify the
maximum time intervals between such reviews and updates.

ARTICLE X
SAFEGUARDS

SEC. 37. Safeguards. - The PARC shall:

a)

) Maintain a system of accounting for and control of atomic materials and
establish requirements thereon,

b) Ensure unimpeded access by designated IAEA inspectors and duly

©)

d

Radio
a

b

authorized representatives of the Philippine government agencies to
any location or facility provided for under the Safeguards Agreement
and any protocols thereto, with a view to conducting the verification
activities authorized by these instruments;

Ensure full cooperation and support to the IAEA by all national
government agencies and authorized persons in the application of
safeguards measures; and

Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the
Safeguards Agreement, and related international treaties, conventions,
agreements and protocols thereto

ARTICLE XI
PHYSICAL PROTECTION AND SECURITY

SEC. 38. Physical Protection and Security of Atomic and other
active Material. — The PARC shall:

) Issue regulations to implement effective measures to prevent, detect,
and respond to unauthorized acts involving atomic and other radioactive
material that may cause injury to persons, property or the environment
or otherwise jeopardize national security;

Establish requirements for the physical protection of atomic material, in
accordance with the provisions of this Act, and in compliance with the
country's obligations as a party to the Convention on the Physical

Page 20 of 27


Protection of Nuclear Material, the Amendment thereto, and other
international treaties and conventions;

©) Issue regulations for the protection of individuals, communities and the
environment from the deleterious effects of radioactive sources;

d) Coordinate with the relevant agencies of government and seek
intemational cooperation to effectively implement these security
measures

ARTICLE XIt
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 39. Notice and Conduct of Hearing. —

In any proceeding for the grant, suspension, revocation or amendment of
any authorization, or upon the issuance of an order, the PARC shall hold a
hearing upon the request of any person whose interest may be affected and shall
admit such person as a party to the proceeding

The hearings of the PARC may be open to the public and relevant
stakeholders, except where warranted by considerations of security, national
defense, or proprietary matters.

Except in cases where immediate action is required in order to protect the
health and safety of the public or the national interest, no order issued under
Section 23 of this Act shall become effective until after the licensee has been
given prior notice for a hearing and the opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an
order issued under Section 23 is made effective without prior notice for a hearing
and opportunity to be heard, the order shall only be temporary pending the
hearing and issuance of the PARC's final decision in the proceeding

SEC. 40. Orders and Decisions. — All orders and decisions of the PARC
shall be in writing, stating clearly and distinctly the facts and issues involved and
the reasons on which the PARC's order or decision is based. Such order and
decisions shall be made available to the public.

SEC. 41. Judicial Review. — The Court of Appeals shall have the power
of judicial review over any final order or decision of the PARC rendered under
Section 39 of this Act and shall modify or set aside such order or decision when
it clearly appears that there was no evidence before the PARC to reasonably
support such order or decision, or that the same is contrary to law. Any such final
decision or order may be reviewed by the Court of Appeals on the application of
any party or other person affected thereby, by certiorari in appropriate cases, or
by petition for review, in accordance with the Rules of Court, within such period
as the PARC may rule or prescribe but not exceeding thirty (30) days from notice
of such order or decision. An appeal shall not suspend the grant of authorization,
but shall maintain the suspension or revocation of authorization unti after the final
disposition of the appeal by the Court of Appeals, unless said Court determines
otherwise. Only questions of law on such order or decision may be reviewed by
the Supreme Court.

Page 21 of 27


SEC. 42. Notice of Regulation. — No regulation adopted by the PARC
shall be effective less than fifteen (15) days after publication of the regulation in
the Official Gazette or in any newspaper of general circulation, except, thatif the
PARC finds that health, safety, and security considerations or the national interest
require otherwise, the regulation may be made effective immediately upon
publication in the Official Gazette or in a newspaper of general circulation, or upon
furnishing copies of the regulation to the persons affected.

SEC. 43. Incident Reports. — No report by any licensee of any incident
arising out of or in connection with authorized activities made pursuant to any
requirement of the PARC shall be admitted as evidence in any suit or action for
damages growing out of any matter mentioned in such report.

ARTICLE XIll
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE

SEC. 44. Liability of the Operator. — The operator shall be liable for
atomic damage upon proof that such damage has been caused by an atomic
incident under the following circumstances:

a) When the incident occurred in the operator's atomic installation.

b) When the incident involved atomic material which came or originated
from the operator's atomic installation, and occurred in either of the
following circumstances
|) before liability with regard to atomic incidents involving the atomic

material has been assumed, pursuant to the express terms of a
contract in writing, by another installation operator, or

2) in the absence of such express terms, before another installation

operator has taken charge of the atomic material.

c) When the incident involved atomic material that was sent to the
operator's atomic installation, and occurred in either of the following
circumstances:

1) after the liability with regard to atomic incidents involving the atomic
material has been assumed by the operator pursuant to the express
terms of a contract in writing, from another installation operator, or
in the absence of such express terms, after the operator has taken
charge of the atomic material: Provided, That if atomic damage is
caused by an atomic incident that occurred in an atomic installation
and which involved atomic material stored therein incidental to the
carriage of such material, the provisions of paragraph (a) of this
Section shall not apply where another installation operator or person
is solely liable pursuant to the provisions of paragraph (b) or (c) of
this Section.

Any provision in this Section to the contrary notwithstanding, the
installation operator shall be liable for atomic damage upon proof that
such damage has been caused by an atomic accident involving atomic
material in the course of carriage either to an atomic installation located
in the territory of a State that is not a party to an international convention
on civil liability for atomic damage to which the Philippines is a party, or

Page 22 of 27

2

d)


when the atomic material was being transported from the Philippines to
an operator in another country that is a Contracting Party to the Vienna
Convention.

e) For the purpose of this Act, whenever the damage, whether it was
caused purely by an atomic incident or by an atomic incident and one
or more other occurrences, such other damage shall, to the extent that
it is not reasonably separable from the atomic damage, be deemed to
be atomic damage caused by that atomic incident. Where the damage
is caused both by atomic incident covered by this Section and by an
emission of ionizing radiation not covered by it, nothing in this Section
shall limit or otherwise affect the liability, either as regards any persons
suffering atomic damage or by way of recourse or contribution of any
person who may be held liable in connection with that emission of
ionizing radiation

SEC. 45. Absolute and Exclusive Liability. —

a) The lability of the installation operator for atomic damage shall be
absolute.

b) The installation operator shall not be liable for atomic damage caused
by an atomic incident directly due to a grave natural disaster of an
exceptional character,

c) Except as otherwise provided in this Act, no person other than the
installation operator shall be liable for atomic damage.

SEC. 46. Recourse Actions. — The installation operator shall have a right
of recourse only:
a) If there is such a right pursuant to the express provision of a written
contract with the other installation operator; or
0) if the atomic incident results from an act or omission done with intent to
cause damage against the individual who has acted or omitted to act
with such intent.

SEC. 47. Gross Negligence or Intentional Act of Claimant. — If the
atomic damage resulted wholly or partly either from the gross negligence of the
person suffering the damage or from an act or omission of such person done with
intent to cause damage, the Court may relieve the installation operator from the
obligation to pay compensation for the damage suffered by such person

SEC. 48. Exceptions to Liability. — An installation operator shall not be
liable for any atomic damage caused by an atomic accident directly due to
hostilities, armed conflict, civil war or insurrection

SEC. 49. Limit of Liability. — The liability of the installation operator for
atomic damage under this Act shall be limited to an amount in Philippine pesos
which is equivalent to Four hundred (400) million Special Drawing Rights (SDRs)
for any one atomic incident, exclusive of interest or costs which may be awarded
by the Court in actions for compensation of such atomic damage. The amount

Page 23 of 27


may be subject to change, as determined by the PARC, in accordance with
international conventions ratified by the Philippines.

SEC. 50. Exemption from Liability. — The installation operator shall not
be liable under this Act for atomic damage either to the atomic installation itself
or to any property on the site of that installation which is used or to be used in
connection with that installation, or to the means of transport upon which the
atomic material involved was located at the time of the atomic incident

SEC. 51. Exclusions. —The PARC may, if it determines that the small
extent of the risk involved so warrants, exclude by regulation any small quantity
of atomic material from the application of the provisions in this Article XII
Provided, That maximum jimits for the exclusion of such quantities have been
established by the Board of Governors of the International Atomic Energy Agency:
Provided, further, That any exclusion must be within the limits so established

SEC. 52. Certificate to Carrier. —In accordance with such regulations as
the PARC may issue, the appropriate installation operator shall provide the carrier
which furnishes carriage of atomic material, with a certificate issued by or on
behalf of the insurer or other financial guarantor furnishing the financial security.

SEC. 53. Liability of Several installation Operators. — Where atomic
damage is attributed to more than one installation operator, the following rules
shall apply:

a) In so far as damages attributable to each installation operator are not
reasonably separable, the installation operators involved shall be jointly
and severally liable:

b) In case the atomic incident occurs in the course of carriage of atomic
material, either in one and the same means of transport, or, in the case
of storage incidental to the carriage, in one and the same atomic
installation, and causes atomic damage for which is attributable to more
than one installation operator, the total liability shall not exceed the
highest amount applicable with respect to any of the concemed
operators, and in accordance with Section 44 of this Act; and

©) In neither of the cases referred to in paragraphs (a) and (b) of this
Section shail the liability of any one installation operator exceed the
amount established in Section 48 hereof.

SEC. 54. Operator of Several Installations. - Subject to the provisions of
Section 52 where several atomic installations of one and the same installation
operator are involved in one atomic incident, such installation operator shall be
liable in respect to each atomic installation involved, up to the amount applicable
provided in Section 49 of this Act

SEC. 55. Carrier or Handler of Atomic Material as Installation
Operator. — The PARC may, subject to such terms and conditions as it may
subscribe by regulation or order, designate a carrier of atomic material or a person
handling radioactive waste, upon the carrier’s request and with the consent of the

Page 24 of 27


installation operator concemed, to act as installation operator in respect of such
atomic material or radioactive waste, respectively.

SEC. 56. Court Having Jurisdiction. —The Regional Trial Court having
jurisdiction over the place where the atomic incident occurs shall have jurisdiction
to determine claims for compensation for any atomic damage.

SEC. 57. Intervention of PARC in Court Proceedings. —When, after the
occurrence of an atomic incident. it appears that the Government will have
indemnify a person for damages, the Court having jurisdiction over the claims for
compensation arising from the atomic incident shall, at any time before final
judgment, allow the PARC to, upon its petition, intervene in the proceedings with
respect to technical issues.

SEC. 58. Compulsory Processes. —AVter the occurrence of an atomic
incident for which it appears compensation may be payable, the PARC may adopt
such measures as may be appropriate to determine the persons who were or
might have been exposed to ionizing radiation resulting from such atomic incident,
which measures may include summons to such persons to submit themselves to
examination before such authority or body as shall be designated by the PARC
within three (3) months from the date of summons. In determining the amount of
damages or the right to recover damages, the Court may, in its discretion, take
into account the inexcusable failure of the claimant to fulfill or comply with the
foregoing obligation

SEC. 59. Investigation of Atomic Incidents. - The PARC shail investigate
the cause and extent of any atomic incident for which it appears compensation
may be payable under this Act, and its finding shall be made available to the
public, to the parties involved, and to the Courts.

ARTICLE XIV
TRANSITORY PROVISIONS

SEC. 60. The Philippine Nuclear Research Institute (PNRI). -

a) The regulatory function of the PNRI is hereby transferred to the PARC;

b) The development, promotion, and use of atomic energy for peaceful
applications shall remain the responsibility of the Institute, whereupon

the Director of the Institute shall, in coordination with the DBM, draw up

its new organizational structure in accordance with existing laws and

civil service rules and regulations;

Previous regulatory issuances — all regulations, rules, orders

previously established by the PNRI shall remain in force until

superseded by the PARC by appropriate orders or issuances

¢)

SEC. 61. The Center for Device Regulation, Radiation, Health and
Research. —

a. The regulatory functions of the Center for Device Regulation, Radiation,
Health and Research (CDRRHR) of the Department of Health (DOH) over

Page 25 of 27


devices generating ionizing radiation by virtue of Republic Act No.9711
otherwise known as "The Food and Drug Administration Act of 2009", are
deemed transferred to the PARC: Provided, that the DOH shall continue to
have regulatory powers over all other health devices that do not pertain to
ionizing radiation.

b. All regulations, rules, orders pertaining to ionizing radiation previously
issued by the CDRRHRR shall remain in force until superseded by the
PARG; Provided that this will be implemented by PARC.

SEC. 62. Human Resources. — All plantilla positions of the Nuclear
Regulatory Division of the PNRI, DOST are hereby transferred to the PARC.
Thereafter, all powers, functions and duties, records, files, and assets pertaining
to regulation of atomic and radioactive materials and facilities of the PNRI shall
be transferred to the PARC.

All plantilla positions of the Radiation Regulation Division of the Center for
Device Regulation, Radiation, Health and Research (CDRRHR) of the DOH which
have responsibilities solely in ionizing radiation regulation are also hereby
transferred to the PARC. Thereafter, all powers, functions and duties, records,
files, and assets of these organizational units shall be transferred to the PARC.

Republic Act No, 8656, entitled “An Act To Protect The Security Of Tenure
Of Civil Service Officers And Employees In The Implementation Of Government
Reorganization shall govern the reorganization of the Nuclear Regulatory Division
of the PNRI and the Radiation Regulation Division of the CDRRHR,as this affects
their respective personnel

The PARC shall draw up its organizational structure in accordance with
Civil Service taw, rules and regulations, and subject to the evaluation and approval
of the DBM within three (3) months upon submission with the Civil Service
Commission (CSC)

SEC. 63. Magna Carta for Science and Technology Personnel. —
Qualified employees of the PARC and its attached units shall be covered by
Republic Act No. 8439, as amended, otherwise known as the "Magna Carta for
Scientists, Engineers, Researchers and other S & T personnel in the
Government.”

ARTICLE XV
PENAL PROVISIONS

SEC. 64. Violation of Specific Provisions of the Act. — Any person who
willfully violates, attempts to violate, or conspires to violate, any provision of
Section 16 of this Act shali upon conviction thereof, suffer the penalty of
imprisonment of not more than five (5) years or a fine ranging from One million
pesos (PHP 1,000,000.00) to Five million pesos (PHP 5,000,000.00), or both.

Page 26 of 27


SEC. 65. Violation of Other Provisions of this Act. — Any person who
willfully violates, attempts to violate, or conspires to violate any provision of this
Act for which no penalty is specifically provided, or of any regulation, order or
authorization issued under this Act shall, upon conviction thereof, suffer the
penalty of imprisonment of not more than two (2) years or a fine of not more than
Five hundred thousand pesos (PHP 500,000.00), or both.

ARTICLE XVI
FINAL PROVISIONS

SEC. 66. Appropriations. — The amount necessary to cover the initial
implementation of this Act shall be charged against the current year's
appropriations of the Nuclear Regulatory Division of the PNRI and the Radiation
Regulation Division of the CDRRHR responsible in ionizing radiation regulation.
Thereafter, the funding of which shall be included in the annual General
Appropriations Act

SEC. 67. Implementing Rules and Regulations. — The PARC, shall in
consultation with the DOST, DBM, PLLO and the CSC issue within one hundred
eighty (180) days from the effectivity of this Act, the rules and regulations
necessary to effectively implement its provisions.

SEC. 68. Separability Clause. —If any provision of this Act shall be
declared unconstitutional or invalid, the other provisions not otherwise affected
shall remain in full force and effect.

SEC. 69. Repealing Clause. — Sec. 16, Sec. 16-a, Sec. 16-b, Sec. 17,
Sec. 18, and Sec. 19 of Republic Act No. 2067, otherwise known as the Science
Act of 1958, as amended, Sec. 4 of Republic Act No. 5207, as amended by PD
1484 otherwise known as the Atomic Energy Regulatory and Liability Act of 1968,
Sec. 6(h) of Republic Act No. 6969 otherwise known as the Toxic Substances
and Hazardous and Nuclear Wastes Control Act of 1990, Sec. 21 of Executive
Order No. 128 Series of 1987 on Reorganizing the National Science and
Technology Authority, and pertinent provisions of Republic Act No. 9711
otherwise known as the Food and Drug Administration Act of 2009 are hereby
repealed.

All other laws, executive orders, proclamations, rules, regulations, and
other issuances or parts thereof which are inconsistent with the provisions of this
act are hereby repealed or amended accordingly.

SEC. 70. Effectivity. —This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

Page 27 of 27