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

Ninetcenth Congress
First Regular Session

HOUSE BILL Ko: 542

Introduced by Honorable Dan S. Fernandez

EXPLANATORY NOTE

The Science Act of 1958 created National Science Development Board (NSDB) now
known as the Department of Science and Technology (DOST). The same law created the
Philippine Atomic Energy Commission (PAEC) now known as the Philippine Nuclear
Research Institute (PNRI) to promulgate rules and regulations to ensure the safe use and
application of radioactive materials in different fields of application. This law was enacted
with the objective of protecting the public health, safety. security and the environment from
potential damage resulting from activities involving radiation and nuclear/radioactive
materials. Ten years later when the government decided to pursue the nuclear power option,
the Atomic Energy Regulatory and Liability Act of 1958 or Republic Act No. 5207 was
enacted to provide the licensing and regulation of atomic energy facilities and materials,
establishing the rules on liability for nuclear damage and other purposes.

In 1987. Executive Order No. 128 was enacted reorganizing PAEC and renamed
Philippine Nuclear Research Institute (PNRI) which was placed under the Department of
Science and Technology (DOST) of the new government (Reorganizing the National Science
and Technology Authority). Up until now. the PNRI oversaw both promotional and
regulatory activities in the country. Given this dual responsibilities, there has been increasing
concerns on whether the PNRI is effective and objective in regulating all nuclear materials
and activities for peaceful purposes in the country.

On the other hand, the Center for Device Regulation, Radiation Health and
Research/CDRRHR (formerly Bureau of Health Devices and Technology/BHDT) was
created under the Food and Drug Administration (FDA) of the Department of Health (DOH)
through Republic Act No. 971]. The Radiation Health Division of the CDRRHR was
established given the following powers and functions, among others, over the use of radiation
devices to regulate the use of ionizing and non-ionizing radiation devices in medicine,
dentistry, veterinary medicine, commerce and industry, education and training, research, ant
crime, security, house hold activities, and all other facilities/establishments and activities
where radiation devices are used.

The need for a separate organization, whose sole concern would be nuclear safety,
security and safeguards, separate from promotional, political and economic influences,
becomes apparent. The Philippines through the PNRI has been considering revisions to the


country’s nuclear and radiation laws, The primary purpose of these revisions would be to
reflect internationally acceptable practices and to ensure that the Philippine national
legislative and regulatory framework is consistent with the nation’s obligations under relevant
international instruments. Furthermore, it must ensure and provide an adequate basis for
further development of nuclear technology for peaceful purposes.

The proposed bill will provide a legal framework for conducting activities related to
nuclear energy and ionizing radiation in a manner which adequately protects individuals,
property and the environment. The proposed bill will address all the gaps and omissions
identified in reviewing the current legislative framework (under RA 5207) in the areas of
system of physical protection, safeguards. nuclear security, nuclear/radiological emergency
preparedness and response, radioactive waste management, licensing of nuclear facilities,
nuclear materials and radioactive sources, including those in PNRI, and transport of
nuclear/radioactive materials. The proposed creation of a single regulatory body, the
Philippine Nuclear Regulatory Commission (PNRC). will ensure effective independence of
the regulatory functions for control of all sources of ionizing radiation for the safety and
security of the public, and for protection of the environment, This will harmonize with the
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. The proposed law will modernize the current Jaws governing the control of
nuclear, radioactive. ionizing radiation sources. It will ensure consistency with the nation’s
obligations under relevant international instruments.

Under the FDA Law or "Food and Drug Administration Act of 2009", CDRRHR's
mandate is only limited to the regulation of devices emitting ionizing and non-ionizing
radiation in both non-medical and medical applications. It will not address the elements
included in the proposed bill such the issues on nuclear security. physical protection,
radioactive waste management, among others.

‘The PNRI proposes for the creation of a single nuclear regulatory body with effective
independence - the Philippine Nuclear Regulatory Commission (PNRC) under the
Department of Science and Technology (DOST). The proposed bill provides the most
appropriate and effective approach for the Philippines to modernize and strengthen its legal
framework for nuclear safety, security and safeguards. The proposed legislation will provide
for the establishment of a regulatory framework that will decide on issues affecting public
health and the protection of the environment, safety, nuclear security and safeguards, outside
of the influences of other groups with political, economic or social interests. These main
issues of regulatory independence will generate in the public higher levels of trust and
confidence in the application of nuclear technologies, which is a requisite for the continued
use of nuclear energy and radioactive materials in the country.

‘This bill has been approved on Third Reading in the Seventeenth (17) Congress.

In view of the foregoing reasons, the early passage of this bill is camestly sought.

DAN S. FERNANDEZ
Lone District of Santa Rosa City


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

Nineteenth Congress
First Regular Session

HOUSE BILL KO;_542

Introduced by Honorable Dan S. Fernandez

AN ACT
PROVIDING FOR COMPREHENSIVE ATOMIC REGULATION, 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 I. 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
(a) Hamess the peaceful uses of nuclear energy that can provide important benefits in

many fields, including 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, and/or malicious acts, as well as determine the doses of
radiation for which these ill-effects disappear or become beneficial;

(c) Protect individual and the environment from the potentially harmful effects
of ionizing radiation, including those resulting from improper use, accidents or
malicious acts;

(4) Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses involving radiation sources, nuclear material, and any other
radioactive material;

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 nuclear
material, other radioactive sources. or associated facilities 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 against the harmful effects of ionizing radiation, and for the safety
and security of radiation source:

(b) To establish the Philippine Atomic Regulatory Commission (PARC), for thepurpose:
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, nuclear materials or any other
activities or practices identified by the PARC:

(c) To establish and maintain a regulatory system for the formulation and/or adoption of
regulations and guides 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 fulfill its obligations under relevantinternational
instruments entered into by the Philippines, in particular, theTreaty 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, UN Resolutions on
Nuclear Security, and other relevant international instruments entered into by the
Republic of the Philippines.

(e) To take cognizant on the pending conventions signed by the Philippine Government
such as the 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.

Sec. 4. Scope, Exemptions and Exclusion.
(a) This Act shall apply to all activities and practices involving the peaceful uses of
nuclear energy and other radioactive materials, facilities and radiation generating

‘equipment.

(b) This Act shall not apply to activities or practices involving exposures that have been
excluded from regulatory control through regulations established by the PARC.


(c) This Act shall not apply to regulations of sources of non-ionizing radiation,
Sec. 5. Definitions. As used in this Act:

(a) Activity or radioactivity refers to the amount of radionuclide produced in a given
energy state at a given time:

(b) Activities refer to the design, manufacture. construction, import, export distribution,
sale, loan, commissioning, use, operation, maintenance, repair, transfer,
decommissioning or possession of nuclear materials andradiation sources for
industrial. energy production, education, research, agriculture and medical purposes;
the transport of radioactive materials; the mining and processing of radioactive ores;
the closing down of associated facilities: the clean-up of sites affected by the
residues from the past activities: and radioactive waste management activities such
as the discharge of effluents and such other activities as the PARC shall from time
to time determine;

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

(d) Authorization refers to a written permission granted by the PARC to a person who
has submitted an application involving nuclear and radioactive materials and
associated facilities, and ionizing radiation generating equipment. The authorization
can take the form of a notification, a registration, or a

(e) 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 typicaily include 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:

() 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 scrves as the basis for the development of other plans, procedures and
checklists:

(g) Emergency preparedness refers to the capability to take actions thatwill effectively
mitigate the consequences of an emergency for human health and safety, quality of
life, property, and the environment;

(h) 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;

(i) 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.

(j) 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 is 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

(k) Facilities refer to nuclear 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:
enrichment and fuel manufacturing plants;
nuclear power plants:
other reactors such as research reactors and critical assemblies:
spent fuel reprocessing plants;
radioactive waste management facilities;
radiation generator installations and facilities:
irradiation installations;
nuclear and radiation facilities for medical, industrial, research and education
purposes; and
10. such other facilities as the PARC shail determine from time to tim«

Peavey

(I) Facility operators refer to any organization or person applying for authorization or
authorized or responsible for nuclear, radiation, radioactive waste or transport safety
when undertaking activities or in relation to any nuclear facilities or sources of
ionizing radiation. Thisincludes, inter alia, private individuals, governmental bodies
consignors or carriers, licensees, hospitals, self-employed persons, etc.:

(m)Income refers to the fees and other payments given to the PARC in the conduct of its
regulatory functions;

(n) Installation operator refers to any person authorized to undertake the operation of a
nuclear or radiation facility:

(0) Ionizing radiation refers to clectromagnetic or particulate radiation capable of
producing ion pairs directly or indirectly:

(p) License refers to a legal document issued by the PARC granting authorization to
perform specified activities related to facilities or activitie,

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

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

(s) Nuclear accident refers to any unintended event. including operating errors,


equipment failures and other mishaps, the consequences or potential consequences
of which are not negligible from the point of view of protection or safety;

() Nuclear damage refers to loss of life, any personal injury or any loss, or damage to.
or loss of use of property, which arises out of or results from the radioactive, toxic,
explosive or other hazardous properties, or any combination thereof, of nuclear fuel
or radioactive products or any waste in, or of nuclear materials coming from,
originating in, or sent to, a nuclear installation or from the ionizing radiation emitted
by any other sources of radiation inside a nuclear installation. Personal injury
includes any physical or mental injury. sickness or disease, death whether caused
directly by a physical trauma or otherwis

(u) Nuclear incident refers to any occurrence or series of occurrences having the same
origin which causes nuclear damage or, but only withrespect to preventive
measures, creates a grave and imminent threat of causing such damage:

(v) Nuclear installation refers to any of the following:

1, A nuclear power plant;

2. a nuclear reactor for research or production of nuclear materials for industrial
or medical use, including critical and sub-critical assemblies;

3. aplant for preparing or storing fuel for use in a nuclear reactor asdescribed in
paragraph (1);

4. anuclear waste storage or disposal facility with an activity that is greater than
the activity level prescribed by regulations made for the purposes of this law;

5. a facility for production of radioisotopes with an activity that is greater than
the activity level prescribed by regulations made for the purposes of law this,
section: and

6. any other facility that is prescribed for the development, production or use of
nuclear energy or the production, possession or use of a nuclear substance,
prescribed equipment or prescribed information;

(w) Nuclearmaterialrefers to:
1. nuclear fuel, other than natural uranium and depleted uranium, capable of
producing energy by a self-sustaining chain process of nuclear fission outside
a nuclear reactor, cither alone or in combination with some other materials;
and
2. Plutonium except that with isotopic concentration exceeding 80% in
plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233:
uranium containing the mixture of isotopes as occurring in nature other than
in the form of ore or ore residue;any material containing one or more of the
foregoing:

(a) Nuclear or radiological emergency refers to a non-routine situationthat necessitates
prompt action primarily to mitigate a hazard due to (a) The energy resulting from a
nuclear chain reaction or from the decay of the products of a chain reaction; or (b)
Radiation exposure or adverseconsequences for human health and safety, quality of
life, property or the environment;

(b) Nuclear safety refers to the achievement of proper operating conditions of nuclear
installations, proper handling and use of nuclear material, prevention of accidents or


mitigation of consequences of accidents resulting in protection of workers, the
public, and the environment from undue radiation hazards;

(©) Person refers to (1) Any individual, organization, corporation, partnership, firm,

(aa)

(bb)

(cc)

(dd)

(ee)

(ff)

(gg)

(bh)

(ii)

association, trust, estate, public or private institution, group. political or
administrative entity or other person designated in accordance with national
legislation, who or which has responsibility and authority for any action taken under
this Act; and (2) any legal successor, representative, agent, or agency of the
foregoing. It can also mean any individual who works, whether full time, part time,
temporarily, for a licensee and who has recognized rights and duties in the license in
relation to occupational radiation protection:

Physical protection refers to technical and organizational measures for
protection of nuclear material or authorized facilities designed to prevent
unauthorized access with nuclear installations, nuclear materials and other
radioactive materials;

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:

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:

Radiation generating equipment or radiation generator refers toan equipment
or device that generates ionizing radiation when energized (e.g., x-ray gencrating
equipment) or that would, if assembled orrepaired, be capable of producing
ionizing radiation when energized as the PARC shall from time to time determine;

Radiation protection refers to the protection of people and the environment
from the harmfiul effects of ionizing radiation:

Radiation source refers to a radiation generator. or a radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power
reactors;

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

Radioactive source refers to a radioactive material permanently sealed in a
capsule or closely bonded and in a solid form and which is not exempt from
regulatory control. This also includes any radioactive material released if the
radioactive source is leaking or broken, but does not inchide material
encapsulated for disposal, or nuclear material within the nuclear fuel cycles of
research and power reactors:

Radioactive waste refers to waste substances, objects or equipment for which no


Gi)

(kk)

ay

(mm)

(nn)

(09)

(pp)

(aq)

further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values permitting their discharge into the
environment, these values shall be set out in an implementing regulation;

Radioactive waste disposal refers to a permanent emplacement of radioactive
waste into areas, facilities or installation without the intention of its retrieval:

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/its
containment. with the intention of retrieval:

Radionuclide refers to an unstable form of a chemical element that radioactively
decays, resulting in the emission of nuclear radiation:

Registrantrefers to the holder of a current registration;

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 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 are amenable to registration are those
for which

1. safety can largely be ensured by the design of the facili

2. the operating procedures are simple to follow:

3. the safety training requirements are minimal; and

4. there is a history of few problems with safety in operations:

ies andequipment;

Regulatory Bodyre‘ers to the Philippine Atomic Regulatory Commission:

Safeguards refer _to measures undertaken to ensure that the nuclear material,
non-nuclear material. services, equipment. facilities. information.and certain
items are not used for the manufacture of nuclear weapons or any other nuclear
explosive devicesor to further any military purpose:

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

(rr) Secarityrefers to the prevention and detection of and response to, theft, sabotage,

unauthorized access. illegal transfer or other malicious acts involving nuclear
material, other radioactive substances or their associated facilities;

(ss)Source refers to anything that may cause radiation exposure such as by emitting

ionizing radiation or by releasing radioactive substances or material and can be
treated as a single entity for protection and safety purposes:

(tt) Special Drawing Right, hereinafter referred to as SDR. refers to theunit of account

defined by the International Monetary Fund and used by it for its own operations
and transactions:


(uu) 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 PARC;

(vv) Spent fuel refers to nuclear fuel that has been irradiated in and permanently
removed from a reactor core; and

(ww) Technical and scientific support organization refers to external organization or
experts who are not part of the PARC's permanent staff from whom the PARC
may seck advice or recommendations in the conduct of its regulatory
responsibilities.

ARTICLE I
‘The Philippine Atomic Regulatory PARC

Sec. 6. Creation and Mandate of the Philippine Atomic Regulatory Commission
(PARC). There is hereby created an independent central nuclear regulatory body to be known
as the Philippine Atomic Regulatory Commission (PARC) which shall exercise authority
over all aspects of safety, security, and safeguards involving nuclear materials and other
radioactive materials, facilities and radiation generating equipment.

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 secutity of ionizing radiation sources:

(b) Prevent the spread of nuclear weapons and prevent nuclear or radiological terrorism
consistent with the obligations of the Philippines under relevant
internationalinstruments:

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

(d) Ensure that facility operators are technically and financially qualified to engage in the
proposed activities in accordance with the requirements of this Act and the PARC’
regulations, and has financial protection to fulfill obligations on liability for nuclear
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 pertaining to the financial
capability of facility operators to cover liability for nuclear damage:

(©) Establish and implement a system of authorization in the form of notification,
registration, and licensing, including modifications, amendments, suspension, and
revocation of such authorizations;

(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 as ess activities and practices ensure compliance with applicable
regulations. and the terms and conditions of authorizations:


(f) Take enforcement measures as provided for under Section 21 of this Act in the event
‘of non-compliance with applicable regulations or the terms and conditions of
authorizations;

(g) Define exemptions and exclusions from regulatory control;

(h) Ensure the application of safety, safeguard and security requirements consistent with
national and international 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 and act as the national competent authority on nuclear safety, security
and regulatory matters for the International Atomic Energy Agency (IAEA), foreign
governments, ministries, departments, and agencies. relevant regional and
international organizations, including law enforcement and intelligence agencies:

(k) Participate in relovant regional and international
conferences/meetings/workshops/seminars/trainings related to safety, security, and
safeguards of nuclear and other radioactive materials and safety of radiation
generating equipment:

(1) Obtain experts’ advice and opinions necessary to perform its functions. including the
hiring of consultants, contracting of specific projects, or establishing Technical and
Scientific Support Organizations (TSOs) or ad hoc advisory bodies:

(m)Conduct or contract out research activities on radiation safety and security;

{n) 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 in
incidents, accidents, and abnormal occurrences;

(0) Establish and maintain a national register of radiation source

(p) Establish and maintain a national register of persons authorized to carry out activities
or practices under this law;

(q) 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:

(r) Establish and maintain a State System of Accounting for and Control ofnuclear
material and a national system for the registration of licenses for nuclear material,
and to establish the necessary reporting and recordkeeping and requirements
pursuant to the Safeguards Agreement. and any protocols thereto, between a State
and the IAEA;

(s) Perform such other relevant functions necessary to implement —_the
provisions of this Act.

Nothing in this Act shall preclude the authorized agents of the Department of
National Defense and other law enforcement agencies to conduct inspections of atomic
energy facilities, and materials or any activities jointly with the authorized representatives of
the PARC when the national security of the State is involved.

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 achievernent.
‘The PARC shall ensure that regulatory control is stable and consistent.


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

‘The Commissioner or at least one (1) of the four (4) Deputy Commissioners 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 as may be
provided 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 PARC, and shall perform the following functions:
(a) Assist the Commissioner in the discharge of the executive and administrative
functions;
(b) Coordinate and direct the activities of the staff and be responsible for the day-to-day
management of the affairs and activities of the PAR
(c) Recommend and develop plans to achieve the PARC's objectives:
(d) Provide secretariat services to the PARC; and
(©) Perform such other relevant funetions necessary to implement the
provisions of this Act.

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 area of lands which are 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 arcas as it may deem necessary: Provided further, That
the boundaries and technical descriptions of these land areas shal! be determined by an actual
and joint group survey.

Sec. 12. Use of Income. The budget of the PARC, based on an annual appropriation
from Congress, shall ensure that the PARC has the financial and human resources necessary
to fulfill its assigned responsibilities under this Act.

The PARC shall also be authorized to:

(a) Charge and collect reasonable fees In the performance of Its regulatory
functions; Provided, that such fees shalt be imposed by regulation on the basis
of such published criteria as the PARC deems appropriate and in compliance
with existing rules and regulations; and

(b) Use of its income, donations, bequests, grants, and all sums which may be
appropriated for upgrading its physical and human resources.with due


consideration to the PARC’s independence and impartiality for the conduct of
its activities, and for augmentation of its budget in case of shortfalls, The
PARC, as an independent and impartial PARC may also solicit, receive and
retain donations, bequests, and grants.

Sec. 13. Nuclear Waste Management Fund, In view of the great importance of
nuclear waste disposal and spent fuel, a portion of the payment of the electricity generated
from the use of nuclear energy shall be set aside to establish a Nuclear Waste Management
Fund. The Fund shall be held in escrow and can only be utilized for the decommissioning of
nuclear facilities and for the safe disposal of the nuclear waste, which includes siting
research, transports and final geological disposal. ‘The portion of the payment shall be
determined by the PARC comparable to 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 whose technical advice does not have any conflict of interest or improper
influence on its 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 advise the Commissioners on the safety and security matters arising from
the use of nuclear and radioactive materials and from the operation of nuclear installations
and radiation facilities, and on regulations applicable to such authorizations. ‘The advisory
board, not exceeding thirteen (13) members, shall be composed of the following:

(a) Secretary of the Department of Science and Technology, as Chairperson;

(b) Secretary of Department of Health, as Vice Chairperson:

(c) Secretary of the Department of Energy, as Member;

(d) Secretary of Department of Environment and Natural Resources, as Member:

{e) Secretary of Department of National Defense, as Memb

(f) Secretary of Department of Trade and Industry. as Member

(g) Secretary of the Department of Agriculture. as Member;

(h) Secretary of Department of Labor and Employment; and

G) Five ) experts from the academe and related industry and/or professional
associations.

The advice of the Board shall not be disregarded by the PARC in its decisions or
resolutions: Provided, however, That the PARC shall have the final decision and shall be
ultimately accountable to their decisions and actions.

‘The Advisory Board may be convened anytime by any of its Chairpersons, or upon
the request of the PARC.

ARTICLE HE
Regulation and Authorization of Nuclear Installations
And Radiation Facilities

Sec. 16, Requirement for Authorization,
(a) Any person who intends to engage in activities or practices shail submit application to
the PARC of its intention to carry out such activities or practices in the form and



within the time limits required by the PARC.

(b) No authorization to acquire, own, or operate any nuclear installations and radiation
facilities shall be issued to an alien, or any corporation or other entity which is
owned or controlled by an alien, a foreign corporation, or a foreign government.
For purposes of this Act, a corporation or entity is not owned or controlled by an
alien, a foreign corporation of a foreign government unless at least sixty percent
(60%) of its capital stock is owned by Filipino citizens.

Sec. 17. Activities Subject to Authorization. It shall be unlawful for any person to
transfer. construct. receive, own, possess. operate, import or export any nuclear installations
and radiation facilities except under an authorization issued by the PARC under this Act. A.
person or organization shall be required specificauthorization issued by the PARC under this
Act to conduct any of the following activities:

(a) Transfer, receive, acquire. own, possess, or use nuclear or radioactive material for
medical, industrial, agricultural, energy production and research applications:

(6) Manufacture and distribute of radioactive materials or products containing radioactive
materials to other licensees or persons exempt from the requirements for a license;

(c) Produce radioactive materials from particle accelerators:

(d) Use of ionizing radiation devices in medicine, dentistry, veterinary medicine,
commerce and industry, education and training, research, anti-crime,
security household activities and all other facilities/establishments;

(c) Site, construct, commission, operate. dismantle, decommissioning, and closure of
nuclear installation

(8) Transport nuclear or radioactive materials to, withi

(g) Engage in or provide nuclear technical services.

. and from the Philippines; and

Sec, 18. Licensing Process and Conditions for Issuance of Authorization. The
PARC shall provide for the licensing process and the conditions for issuance of authorization
specified in the Implementing Rules and Regulations (IRR) issued under this Act.

Sec. 19. Responsibilities of the Authorized Person.

(a) Any person authorized to conduct activities or practices 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 shall provide the PARC
with any requested assistance in the performance of its regulatory functions,

(c) Any person ceasing authorized activities or practices shall inform the PARC prior
to the 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, the PARC shall initially issue a provisional
license to the applicant. Such a provisional authorization may be granted even if the
information on health. safety, and security then available is less than would be needed for an
authorization to operate provided that the PARC is satisfied that 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. The provisional authorization provided herein shall
not exceed one (1) year.

Sec. 21, Inspections and Enforcement

(a) The PARC shall implement a system of inspection of nuclear and radiation facilities
and transport, through regulations issued under 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
nuclear 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 issued under this
Act.

() Where the PARC has established that any person has committed a violation of
relevant nuclear safety, security and safeguards regulations issued under this Act,
the conditions of an authorization issued under Section 18, or other requirements
that do not constitute a criminal offense under Sections 59 and 60 of this Act, the
PARC may impose by order anyof the following penalties in conformity with the
proceedings provided for in Section 23: suspension, modification, and revocation of
authorization, or imposition of a civil monetary penalty.

Sec. 22. Additional Requirements in Case of Nuclear Installation for Commercial
Power: Nothing in this Act shall be construed to exempt the operator of a
nuclear 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, obtaining approval for rates and
services and others, from the appropriate agency having jurisdiction: Provided, however, that
upon certification by the Commission, importations of nuclear fuel for use in these facilities
shall be free from all taxes and duties in accordance with incentives under the pertinent
provisions of RA 5186, Investment Incentives Act.

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 willful violation of its conditions, when circumstances in which the
public interest, health, safety, or security so requires. when the conditions under which it was
issued are no longer complied with, or in any circumstance that continued activities 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.
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


renewed, and pursuant to PARC order, 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 nuclear and
other radioactive material and facilities held by the licensee pending their appropriate and
lawful disposition by or for the licensee.

ARTICLE IV
Radiation Protection

Sec. 24. Regulation to Ensure Radiation Safety.
(a) The PARC shall take the appropriate steps to ensure that:

{a)No activities or practices 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;

(b) 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 being taken into account; and

(c)No individual shall be exposed to ionizing radiation doses which exceed
prescribed national dose limits;

(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:

(©) The PARC shall maintain a national system for registration of licensees, registrants,
imported and exported selected items, and ionizing radiation sources;

(0) 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: andThe PARC shall promulgate appropriate regulations. rules, orders and
related guidelines to address all issues and concerns related to exposure to ionizing
radiation from natural sources.

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

(a) The authorized person shall bear the prime responsibility for 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;

(c) 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 activities or
practices. 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.

Sec. 27, Emergency Preparedness and Response. The PARC shall:

(a) Develop and mainiain a national emergency plan for responding to potential nuclear
or radiological emergencies,

(b) 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 in the event of a
nuclear and radiological emergency: and

(c) Provide for the activities of 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 a Nuclear Accident and
the Convention on Mutual Assistance in the Case of a Nuclear Accident or
Radiological Emergency

(d) Define the radiation levels at which evacuation should be considered.

ARTICLE VI
Transport of Nuclear and Other Radioactive Material

Sec. 28. Regulation in the Transport of Nuclear and Other Radioactive Material.
‘Toe PARC shall establish and implement safety and security requirements for the transport of
nuclear 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 Nuclear and Other Radioactive Materials

Sec. 30. Export or Import Control. The PARC shall establish regulatory
requirements and relevant guides for the exportation and importation of nuclear and other
radioactive materials which require licensees, inter alia:

(a) To secure an authorization from the PARC prior to export or import with the
assurance of applying safeguards and physical protection measures to protect public
health, safety and security:

(b) To ensure before import 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

(c) To ensure before export that the importing country has the appropriate technical and
administrative capability, resources and regulatory infrastructure needed for the safe
and secure management of the requested nuclear and other radioactive material,
particularly disused sources.


ARTICLE Vill
Management of Spent Nuclear Fuel And Other Radioactive Waste

Sec. 31. Regulation of Radioactive Waste and Spent Nuclear 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
fuelmanagement activities:

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

(c) 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; and

(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.

ARTICLE IX
Nuclear Safety and Decommissioning

Sec. 32. Nuclear Safety

(a) Any person who intends to construct or operate a nuclear 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 nuclear

installations to include the following:

1. Regulations for siting. design, construction, commis
maintenance and decommissioning:

2. Regulations for public information, management system and authorization of
installation operato

3. Assessment and
by PARC;

4, Financial and human resources necessary to ensure safety and security

5. Human factors to be taken into account by the facility operator during the
lifetime of the nuclear installation;

ioning, operation

rif

ation of safety and security by the facility operator and

Section 33. Responsibility of Authorized Person for nuclear safety. Toe authorized
person shal! bear the prime responsibility for ensuring nuciear safety and security of nuclear
installation and of all activities and practices associated with it.

Section 34. Decommissioning of nuclear installation.
(a) The PARC shall establish requirements for the decommissioning of nuclear
installations, including:
1. Safety and environmental criteria, including conditions on the end stateof the
decommissioning:
2. Limits and conditions for the removal of regulatory control for nuclear


installations containing radionuclides;
3. Regulations for the clearance of radioactive material during and following
decommissioning.

(b) The PARC shall ensure that relevant documents and records prepared by the
facility operator are maintained for a specified period of time before, during and
afterdecommissioning.

Sec. 35, Decommissioning Plan

(a) At the design stage of a nuclear installation, the applicant for authorization to
construct and operate a nuclear installation shall prepare an initial decommissioning
plan for approval by the PARC. The plan shall be commensurate with the type and
status of the nuclear 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, Physical Protection, and Security

Sec. 36, Safeguards. The PARC shall:

(a) Maintain a system of accounting for and control of nuclear materials and establish
requirements for accounting for and methods for control of nuclear material;

(b) Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, theSafeguards
Agreement, and related international treaties, conventions, agreements and protocols
thereto;

(c) 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; and

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

Sec. 37. Physical Protection and Security of Nuclear and Other Radioactive
Material. The PARC:

(a) Have the authority to issue regulations, rules and orders under this Act to implement
effective measures to prevent, detect, and respond to unauthorized acts involving
nuclear and other radioactive material that may cause injury to persons. property or
the environment in the Republic of the Philippines or otherwise jeopardize national
security:

(b) Establish requirements under the regulations issued under this Act for the physical
protection of nuclear material, and shall fulfill the Republic of the Philippines’
obligations as a party to the Convention on the Physical Protection of Nuclear
Material. the Amendment thereto, and other international treaties and conventions;

(c) Have the authority under this Act to issue regulations, rules and orders for the
protection of individuals. society and the environment from the deleterious cffects
of radioactive sources:

(d) Have the authority under this Act to coordinate with the relevant agencies of


government and seek international cooperation to effectively implement these
security measures.

ARTICLE XL
Administrative Procedure and Judicial Review

Sec. 38. Notice and Conduct of Hearing. In any proceeding under this Act 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 shall become
effective until after the licensee has had notice for a hearing and 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’ 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, and shall be made available to the public.

Sec. 40. Judicial Review. The Court of Appeals is hereby given the power of
judicial review over any final order or decision of the PARC rendered under Section 34 and
shall modify or set aside such order or decision when it clearly appears that there was no
evidence before the PARC to support reasonably 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 ot revocation of authorization until afier the final disposition of the appeal by the
Court of Appeals, unless said Court determines otherwise. Only questions of Jaw 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 any newspaper of
general circulation, except, that if the PARC finds that the health, safety, and security or the
national interest requires, 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 Nuclear and Radiation Damage

Sec. 43. The Operator Liability. Toe operator shall be liable for nuclear damage

upon proof that such damage has been caused by a nuclear incident:
(a) In the operator's nuclear installation;
(b) Involving nuclear material coming from or originating in the operator's nuclear

installation, and occurring:
1, Before liability with regard to nuclear incidents involving the nuclear
material has been assumed, pursuant to the express terms of a contract in
writing, by another installation operator;
2. Inthe absence of such express terms, before another installation operator has
taken charge of the nuclear material.

(c) Involving nuclear material sent to the operator's nuclear installation, and occurring:

()

1. After liability with regard to nuclear incidents involving the nuclearmaterial
has been assumed by him. 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 nuclear material: Provided, that if nuclear damage is caused by a nuclear
incident occurring in a nuclear installation and involving nuclear material
stored therein incidentally 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.

R

Any provision in this Section to the contrary notwithstanding, the installation
operator shall be liable for nuclear damage upon proof that such damage has been
caused by a nuclear accident involving nuclear material in the course of carriage:

1. To a nuclear installation located in the territory of a state not party to an
international convention on civil liability for nuclear damage to which the
Philippines is a party: or

2. ‘To international transport between the Philippines and an operator in another
Contracting Party to the Vienna Convention.

(e) For the purpose of this Act, whenever both nuclear damage and damage other than

nuclear damage have been caused by a nuclear incident or jointly by a nuclear
incident and one or more other occurrences, such other damage shall, to the extent
that it is not reasonably separable from the nuclear damage be deemed to be nuclear
damage caused by that nuclear incident. Where, however, damage is caused jointly
by nuclear 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 nuclear damage or by way of recourse or
contribution, of any person who may be held tiable in connection with that emission
of ionizing radi

Sec. 44, Absolute and Exclusive Liability


(2) The liability of the installation operator for nuclear damage shall be absolute:

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

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

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 a written contract with the
other installation operator; or
(b) If the nuclear incident results from an act or omission done with intent tocause
damage, against the individual who has acted or omitted to aet with such intent.

Sec. 46. Gross Negligence or Intentional Act of Claimant If the nuclear 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 in respect of the
damage suffered by such person.

Sec. 47. Exceptions to liability. An installation operator shail not be liable for any
damage caused by a nuclear accident directly due to an act of armed conflict,
s. civil war or insurrection.

nucle:
hosti

Sec. 48. Limit of Liability. The liability of the installation operator for nuclear
damage under this Act shall be limited to an amount in Philippine pesos which is equivalent
to 300 million Special Drawing Rights (SDRs) or roughly equivalent to 400 million US
dollars, for any one nuclear incident, exclusive of interest or costs which may be awarded by
the Court in actions for compensation of such nuclear 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 nuclear damage:
(a) To the nuclear 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
(b) To the means of transport upon which the nuclear material involved was located at the

time of the nuclear 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 quantities of nuclear material from
the application of the provisions in this Article XI: Provided. that (a) maximum limits for the
exclusion of such quantities have been established by the Board of Governors of the
International Atomic Energy Agency: and (b) any exclusion must be within the limits so
established.

See. 51. 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 nuclear 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 nuclear damage engages
the liability of 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 nuclear incident occurs in the course of carriage of nuclear 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 nuclear installation and causes nuclear damage which
engages the liability of more than one installation operator. the total liability shall
not exceed the highest amountapplicable with respect to any one of them pursuant to
Section 43 of this Act: and

(c) In neither 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 44
hereof.

See. 53. Operator of Several Installations. Subject to the provisions of Section 47,
where several nuclear installations of one and the same installation operator are involved in
one nuclear incident, such installation operator shall be liable in respect of each nuclear
installation involved up to the amount applicable pursuant to Section 43.

See. 54, Carrier or Handler of Nuclear Material as Installation Operator. The PARC.
subject to such terms and conditions as it may by regulation or order prescribe, designate a
carrier of nuclear material or a person handling radioactive waste, upon the carrier's request
and with the consent of the installation operator concerned, as installation operator in the
place of the installation operator in respect of such nuclear material or radioactive waste
respectively. Upon such designation, such carrier or such person shall be considered as an
insiallation operator for the purpose of this Section.

See, 55. Court Having Jurisdiction. The Regional Trial Court having jurisdiction
‘over the place where the nuclear incident occurs shall have jurisdiction to determine claims
for compensation for such nuclear damage under this Act.

Sec. 56, Intervention of PARC in Court Proceedings. When, afier the occurrence of
a nuclear incident, it appears that the Government will have to pay indemnity, the Court
having jurisdiction over the claims for compensation arising from the nuclear incident, shall
allow the PARC, upon its petition, to intervene in the proceedings with respect to technical
issues, at any time before final judgment.

See. 57. Compulsory Processes. After the occurrence of a nuclear incident for which
it appears compensation may be payable under this Act, 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 nuclear incident, which measures may include a
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 inexcusablefailure of the claimant to fulfill or comply with
the foregoing obligation.

Sec. 58. Investigation of Nuclear Incidents. The PARC shall make aninvestigation
of the cause and extent of any nuclear 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 XII
Transitory Provisions

Sec. 39. The Philippine Nuclear Research Institute.

(a) The regulatory function of the Philippine Nuclear Research Institute (PNRI) is hereby
transferred to the PARC;

(b) The development, promotion and use of nuclear energy for peaceful applications shail
remain the responsibility of the Institute. whereupon the Director of the Institute
shall, in coordination with the Department of Budget and Management (DBM),
draw up its new organizational structure in accordance with the Civil Service Law,
rules and regulations;

(c) The PNRI shall be the scientific nuclear organization in the country andcontinuc to
function as one of the Research and Development Institutes of the Department of
Science and Technology. and continue its mandate to foster nuclear research and
development including nuclear safety research pursuant to the objectives of
Executive Order No. 128, series of 1987,

(d) Under this Act, the PNRI shall be allowed to use 100% of its income to augment and
hire additional human resources and upgrade its facilities.

(e) The regulatory functions of the PNRI which were inherited from the former
Philippine Atomic Energy Commission (PAEC) by virtue of Republic Act No.
2067, as amended by R.A. 3589 and Republic Act No. 5207, as amended by P.D.
1484, Executive Order No.128 and Executive Order No.366 are deemed wansferred
to the PARC.

(0) All regulatory issuances such as regulations. rules, orders previously established by
the PNRI shall remain in force until superseded by the PARC.

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;

(b) The administrative supervision of the CDRRHR shail remain with the DOH; and

(c) All regulations, rules, orders pertaining to ionizing radiation previously established by
the CDRRHR shall remain in force untit superseded by the PARC.

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 nuclear 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. Thereafier. all powers.
functions and duties, records, files, and assets of these organizational units. shall be
transferred to the PARC.

‘The Government Reorganization Act or Republic Act No. 6656 shall govern the
reorganization of the affected personnel of the Nuclear Regulatory Division of PNRI and the
Radiation Regulation Division of the CDRRHR.


There shall be no diminution of rank, salaries, allowances and benefits of all
personnel transferred to the PARC. In case of a difference in the above benefits between the
transferred employees of the two agencies, the higher amount shall be adopted. New
employees of the PARC shall be entitled to the same allowances and benefits as the
transferred employees.

The PARC shall draw up its organizational structure with the necessary
qualification requirements and standards in accordance with the Civil Service Law, rules and
regulations for evaluation and approval of the DBM upon submission to the DBM.

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. $439, known as the
Magna Carta for Scientists, Engineers, Researchers and other science and technology
personnel in the government.

Sec. 63. Signed Conventions. To take cognizant on the pending conventions signed
by the Philippine Government such as the 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.

ARTICLE XIV.
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 17 of this Act
shall upon conviction thereof, suffer the penalty of imprisonment of notmore than five (5)
years or a fine rangingfrom one million pesos (PHP 1,000,000.00) to five million pesos (PHP
5,000,000.00) or both.

Sec. 65. Violation of Other Provisions of this Act Any person who shall willfully
violate, attempt to violate, or conspire to violate any provisions 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 XV
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. such sums as may be necessary for
the continued implementation of this Act shall be included in the annual General
Appropriations Act.

In addition, the PARC is authorized to receive contributions. grants, bequests.
contributions and donations, in cash or in kind, whether trom local of foreign sources:
Provided, that acceptance of grants, bequests, contributions and donations from foreign
government 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).

Sec. 67. Implementing Rules and Regulations. The PARC, in consultation with the
DOST, DBM and the CSC shail issue within one hundred eighty (180) days, the rules and
regulations necessary to implement the provisions of this Act.

Sec. 68. Repealing Clause. If found inconsistent with this Act; The pertinent
provisions of Republic Act No. 2067 as amended by RA3589, otherwise known as the cience
Ad of 1958, Republic Act No. 5207 as amended by PD1484, otherwise known as the Atomic
Energy Regulatory and Liability Ad of 1968, Republic Act No. 9711 otherwise known as the
Food and Drug Administration Ad of 2009, Executive Order No. 128 Series of 1987 on
Reorganizing the National Science and Technology Authority are hereby repealed. All other
laws, executive orders. 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. 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. 70. Effectivity. This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,