Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City i

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 3 71

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY
FRAMEWORK, CREATING FOR THE PURPOSE THE
PHILIPPINE ATOMIC REGULATORY COMMISSION,
AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks to create a single, independent nuclear regulatory body that is
focused in the control and peaceful uses and application of nuclear energy in the
country, to be known as the Philippine Nuclear Regulatory Commission (PNRC), under
the Department of Science and Technology for policy direction, coordination and
technical supervision.

The proposed establishment of the PNRC envisions to harmonize with the
regulatory structure in most countries, especially in the Asia-Pacific region, such as
China, Indonesia, South Korea, Japan, Malaysia, Thailand, Pakistan, India, Australia,
New Zealand, Singapore and Vietnam. Most importantly, it will ensure consistency
with the nation’s obligations under relevant international instruments

The bill covers the cleven fundamental principles of nuclear law according to
current international standards. It addresses all the gaps and omissions identified in the
old RA 5207 which are present in the areas of physical protection, safeguards, nuclear
security, nuclear/radiological emergency preparedness and response, radioactive waste
management, transport to nuclear/radioactive materials, and licensing of nuclear
ilities, materials. and licensing of nuclear facilities, materials and radioactive sources
owned and operated by PNRI. The proposed legislation will modernized the nuclear
civil liability and compensation regime in line with internationally-accepted levels. As
proposed in the bill, the PNRC covers the areas of nuclear and radioactive material
applications and requires a well-structured legal framework necessary in meeting the

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technical and management standards designed to protect public health, safety. and
security and the integrity of the environment.

The proposed legislation will grant the formation of an independent regulatory
framework that will decide on issues affecting public health and safety, protection of
the environment, and nuclear security and safeguards, beyond the reach of entities with
self-motivated interests. The resolution of these main issues within an autonomous
regulatory structure will generate in the public a higher level of trust and confidence in
the application of nuclear technologies. Such a mindset in the public is imperative for
the continued and improved utilization of nuclear energy and radioactive materials in
the country. The dichotomy of PNRI’s regulatory functions from its promotion and
research functions is needed to eliminate the conilict of interests and underscores its
independence the discharge of its regulatory functions.

It must be stressed that the country’s nuclear legislation should provide for all
the key elements needed for an effective nuclear regulatory system. Setting-up a
regulatory body alone. without ensuring that it possesses the ability to exercise the
necessary regulatory functions. including its faithful commitment to international
nuclear safety and security obligations, merely creates the illusion, not the reality. of
such a system. and will not solve the problem that the proposed bill tries to address.

At present, the number of nuclear scientists and engineers in the Philippines is
relatively small. This small mass of nuclear experts is currently under one roof such that
the expertise of one can be shared in undertaking several tasks. Any proposal to
dissipate this mass of nuclear expertise to several agencies wil] be counterproductive,
especially considering that it takes time to develop or build specialized capabilities and
expertise.

It is primordial that. for an organization to be given the responsibility of
regulating complex nuclear technologies and practices, and natural radiation sources. it
should be equipped with the necessary scientific, engineering, technical management,
financial and legal expertise. Such expertise cannot be acquired in a short period of
time, Under the proposed legislation, a new Philippine Nuclear and Radiation Safety
Commission that will build on the extensive experience. competencies, and capabilities
of the previous Philippine Atomic Energy Commission (PAEC). and now PNRIL. will
be created. The PNRI, the sole government entity mandated to promote and regulate the
peacefull uses of nuclear energy. is manned by highly-trained and competent regulatory
staff whose expertise covers wide-ranging technical areas in the peaceful applications
of nuclear energy. The expertise it offers is unique and has been honed by years of
experience and capacity-building.

The PNRI’s handling of the 2011 Fukushima Nuclear Reactor accident is an
immediate case in point. Faced with mounting apprehension and anxiety from the
public. the PNRI was on top of the situation all the time. taking responsibility in all
areas of concern, such as safety in airborne and water contamination. food and

agriculture, and the export/import of commodities, among others. The Food and Drug

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Administration (FDA) relied on PNRI for support in its regulatory actions, including
the latter’s existing regulation to control the level of radioactivity in imported food
products during nuclear emergencies. At the time of the nuclear accident, and even
beyond its occurrence, the country was able to rely on PNRI as the major source of
inputs and actions pertaining to appropriate response in the aftermath of the nuclear
emergency.

This was not the first time that PNRI has shown and demonstrated to the nuclear
emergency. This was not the first time that PNRI has shown and demonstrated to the
public and the environment form the harmful effects of uncontained radiation.

In view of the foregoing, the passage of this bill is eat

ARTE SALCEDA

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

71

HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

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 I
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) Hamess 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;

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e) Manage radioactive waste in a manner that protects current and future generations
from undue impacts: and

f) 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 control 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:

©) 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 legal 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 Damag
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,

e) To take cognizance of the conventions signed by the Philippine Government such
as Amendment to the Convention on Physical Protection of Nuclear Material
Intemational 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.

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

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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.

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

4) The uses of atomic energy and ionizing radiation in the country shall be for peaceful
uses only. Any activities or practices related to the aequisition 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;

c) Atomic refers to any process related to the atom, the basic building block of matter;

4) Atomic accident refers 10 any unintended event, including 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:

¢) 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 facilities, and ionizing radiation generating equipment. The authorization
can take the form of a registration, or a license;

£) 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
Jong term protection of the public and the environment, and typically includes
reducing the levels of residual radionuclides in the materials and on the site of the
facility so that the materials can be safely recycled, reused, or disposed of as exempt
waste or as radioactive waste and the site can be released for unrestricted use or
otherwise reused:

g) Emergency plan refers to @ description of the objectives, policy, and concept of
operations for the response to an emergency and of the structure, authorities and

Page |3


responsibilities for a systematic. coordinated and effective response, The
emergency plan serves as the basis for the development of other plans. procedures
and checklists;

h) 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;

i) 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:

j) 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 it is not
considered amenable to regulatory control through the regulatory instrument in
question.

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

1) 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 on the 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;

m) Facilities refer to atomic installations or radiation facilities in which people may be
exposed to ionizing radiation. These include:

1) uranium mining and raw material processing facilities such as uranium mines:

2) enrichment facilities and atomic fuel 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;

n) 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 an atomic facility or
source of ionizing radiation. This includes, inter alia, private individuals,
governmental bodies. consignors or carriers. licensees. hospitals, and self-employed
persons;

0) Income refers to the fees and other payments made to the PARC in the conduct of
its regulatory functions:

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

q) Jnstailation operator refers to any person. organization, or government entity
licensed or authorized to undertake the operation of an atomic or radiation facility;

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

s) Jonizing radiation sources refer to atomic and other radioactive materials facilities
and radiation generating equipment;

1) 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
toa 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 activiti

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:

2) 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 radioactive materials: particle

accelerator facility; and other such facility that the PARC shall determine from time
to time:

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

ce) Radiation protection refers to the protection of people and the environment from
the harmful effects of ionizing radiation:

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 contro! 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;

gg) 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 i

ii) 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;

ji) Radionuclide refers to en unstable form of a chemical clement that radioactively
decays, resulting in the emission of atomic radiation;

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

Il) 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 II,
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 Jess 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;

mm) Safeguards refer to measures undertaken to ensure that the atomic material, non-
atomic material, services, equipment, facilities, information, and certain items are

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not used for the manufacture of atomic weapons or any other atomic explosive
devices or to further any military purpose:

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

00) 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;

pp) 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:

qq) 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;

11) Special fissionable materials refer 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:

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

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

ARTICLE 0
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. Alll 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 regulations 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:

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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 shall:
a) 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:

b) 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;

d) Review and assess submissions on safety assessments and security plans from the
facility operators prior to authorization and periodically thereafter, as required;

e) Inspect. monitor, and assess facilities, activities. and practices to ensure compliance
with applicable regulations. and the terms and conditions of authorizations:

f) 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:

h) Ensure the application of safeguard. safety and security requirements consistent
with national and intemational commitments:

i) 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;

j) Cooperate with other governmental or nongovernmental bodies having competence
in areas such as health and safety. environmental protection, security. and
transportation of atomic and related dangerous goods:

k) Act as the national authority on atomic safety, security and regulatory matters
relative to the International Atomic Energy Agency (IAEA), foreign governments.

Page 18



ministries, departments. and agencies. relevant regional and international
organizations. including law enforcement and intelligence agencies:

1) 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;

m) 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;

n) Collaborate with other relevant government agencies to establish and maintain a
national radiological emergency preparedness and response plan;

0) Carry out or contract research activities on radiation safety and security;

p) 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:

g) Exercise regulatory control with respect to ionizing radiation sources. including the
issuance of authorization:

r) 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:

1) 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:

u) 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):

Ww) Perform such other relevant functions necessary to implement the provisions of this
Act.

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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 shall 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 shall include research, academe, agriculture.
and the environment. The Commissioner may come from any of the aforesaid sectors.

‘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
afier 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:

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:

¢) 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.

a)

Dd

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

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

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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.

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 conilict 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;

©) Secretary of the Department of Energy;

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

e) Secretary of the Department of National Defense;

1) 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) A maximum 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.

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ARTICLE IL
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;

b) 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;

©) 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.

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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;

4) 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 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 Requiremems 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. 21-A. Tax and Duty Free Importation. — Upon certification by the PARC,
importations of atomic fuel for use in the facilities of registered business enterprises may be
free from taxes and duties in accordance with Title XII (Tax Incentives) of the National
Internal Revenue Code of 1997, as amended.

SEC. 22. 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.

Poge | 13


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. 23. 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 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, afier
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 PROTECTIO!

SEC. 24. 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 shall be exposed to ionizing radiation doses which exceed
prescribed national dose limits:

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b) The PARC shall 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
control;

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. 25. Responsibilities of Authorized Persons in Radiation Protection. —

a) The authorized person shall bear the prime respo: of ensuring the safety and
security of the facility and of all activities and practices associated with it;

b) 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.

ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 26. 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. 27. Emergency Preparedness and Response. - The PARC shall:

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

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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:

¢) Provide for an emergency response center and for an international exchange of
information on the radiation situation, consistent with the Philippines’ obligations
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; and

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

considered,

ARTICLE V1
TRANSPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIAL

SEC. 28. 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 International Atomic Energy Agency (IAEA) regulations for the safe and
secure transport of radioactive material.

SEC. 29. Requirements for Authorization. No person shall engage in the transport of
radioactive material without an authorization issued by the PARC

ARTICLE VIL
IMPORT AND EXPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIALS,

SEC. 30. Import and Export Control. — The PARC shall

a) Establish regulatory requirements. procedures and relevant guides for 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;

2) 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

3) 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

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b) 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.

ARTICLE VHIL
MANAGEMENT OF SPENT FUEL AND OTHER RADIOACTIVE WASTE

SEC. 31. 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;

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 disposal, 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. 32. 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:

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3) Assessment and verification of safety and security by the facility operator and
by PAR

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. 33. Responsibility of Authorized Person for Atomic Safety.—The authorized person
shall bear the prime responsibility of ensuring atomic safety and security of the atomic
installation and of all activities and practices associated with it.

Sec. 34, 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.

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. 33. 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.

») 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. 36. Safeguards. - The PARC shall:
a) Maintain a system of accounting for and control of atomic materials and establish

requirements thereon;

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b) Ensure unimpeded access by designated IAEA inspectors and duly 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;

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

d) 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. 37. Physical Protection and Security of Atomic and other Radioactive Material.
~ The PARC shall:

a) 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

b) 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 Protection of Nuclear Material, the
Amendment thereto, and other international treaties and conventions:

c) 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 international
cooperation to effectively implement these security measures.

ARTICLE XII
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 38. 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

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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. 39. 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. 40. 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 until 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.

SEC. 41, 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. that if the PARC finds that health, safety. and securit
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. 42. 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 XII
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE

SEC. 43. 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:

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1) 1) 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.

¢) 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

2) 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.

d) 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 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.

¢) 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, stich
other damage shall, to the extent that it is not reasonably separable from the atomic
amage, 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. 44. Absolute and Exclusive Liability. —
a) The liability 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.

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

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SEC. 45. 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 @ written contract with
the other installation operator: or

b) 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. 46. 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. 47. 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. 48. 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 may be subject to change, as determined by the PARC, in
accordance with international conventions ratified by the Philippines.

SEC. 49. 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. 50. 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 XIII: Provided, That maximum limits 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. 51. Certificate 10 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. 52. Liability of Several Installation Operators. ~ Where atomic damage is
attributed 10 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:

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b) Incase 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 concerned
operators. and in accordance with Section 44 of this Act: and

) Inneither of the cases referred to in paragraphs (a) and (b) of this Section shall the
liability of any one installation operator exceed the amount established in Section
48 hereof.

SEC. 53. 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 48 of this Act.

SEC. 54. 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 installation operator concerned, to act as installation operator in
respect of such atomic material or radioactive waste, respectively

SEC. 55. 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. 56, 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. 57. Compulsory Processes. — After 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. 58. Investigation of Atomic Incidents. - The PARC shall 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.

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ARTICLE XIV
TRANSITORY PROVISIONS

SEC. 59. 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. 60. 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 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 exercise administrative
supervision over the CDRRHR. All regulations, rules, orders pertaining to
ionizing radiation previously established by the CDRRURR shall remain in force
until superseded by the PARC.

b)

This Act shall in no way prevent the DOH or its line agencies from imposing
additional requirements for the regulation of medical and health-related devices in
the interest of public health and safety as provided for by law.

SEC. 61. 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. 6656. 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

law, 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).

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SEC. 62. 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 $ & T
personnel in the Government.”

ARTICLE XV
PENAL PROVISIONS

SEC. 63. Violation of Specific Provisions of the Act. - Any person who willfully
violates, attempis to violate, or conspires to violate. any provision of Section 16 of this Act
shall upon conviction thereof, suffer the penalty of imprisonment of not more than five (5)
years ora fine ranging from One million pesos (PHP 1,000,000.00) to Five million pesos (PHP
5,000,000.00), or both.

SEC. 64. 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 $00,000.00), or both.

ARTICLE XVI
FINAL PROVISIONS:

SEC. 65. 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 CDRRER responsible in
ionizing radiation regulation. Thereafter, the funding of which shall be included in the annual
General Appropriations Act.

SEC, 66. 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. 67. 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. 68. Repealing Clause. ~ Sec. 16, Sec. 16-a. Sec. 16-b, Sec. 17, See. 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.

Page | 25


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

Approved.

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