Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.4369

Introduced by. Hon. Joey Sarte Saleeda

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 Phi clear 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 eleven 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/radioaetive materials, and licensing of nuclear facilities, 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 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 conflict
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
fone can be shared in undertaking several tasks. Any proposal to dissipate this mass of nuclear
expertise to several agencies will 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 exper
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 PNRI, be created. The PNRI, the sole government entity
mandated to promote and regulate the peaceful 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
airborne and water contamination, food and agriculture, and the exportimport of commodities,
among others, The Food and Drug 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.

During the 16th Congress the substitute bill of House Bill No. 147 was approved by the
‘Technical working group chaired by Hon, Maximo Rodriguez, Vice Chairman of the Committee
on Reorganization and submitted to the Joints Committees on Government Reorganization and
Science and Technology.


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.

The immediate passage of this bill in both Congress is therefore earnestly requested.

Representative, 2" District, Albay


yee

sans

Pompe?

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Seventeenth Congress
First Regulation Session

House Bill No, 4369

Introduce by. Hon, Joey Sarte Saleeda

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR
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 Nuclear
Regulation Act of 2016”.

Section. 2. Declaration of Policy. —It is hereby declared to be the policy of the State to:

(a) Harness 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 that could result from
improper use, accidents, and/or malicious acts;

(c) Protect individuals, society and the environment from the potentially harmful effects of
ionizing radiation, including those that could result from improper use, accidents or
malicious acts;

(d) 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;

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


(0)

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.

Section 3. Objectives, — The objectives of this Act are:

(a) To provide a legal framework that adequately protects public health and
environment against the harmful effects
security of radiation sources;

fety and the
of ionizing radiation, and for the safety and

(b) To establish the Philippine Nuclear Regulatory Commission (PNRC), hereinafter
referred to as the Commission, for the purpose of exercising, regulatory control over the
peaceful uses of ionizing radiation in the territory or under the jurisdiction or control of
the Republic of the Philippines anywhere, including, but not limited to the production,
possession, use, import, transport, transfer, handling and management of radioactive
materials, or any other activities or practices identified by the Commission;

(6) To establish and maintain a regulatory system for the formulation and/or adaptation of
regulations and guides 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 fulfil its obligations under relevant international
instruments entered into by the Philippines, in particular, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear Weapon-
Free Zone; Comprehensive Test Ban Treaty; the Agreement between the Philippines and
the International Atomic Energy Agency (IAEA) for the Application of Safeguards in
Connection with the NPT (the Safeguards Agreement); Additional Protocol to
Safeguards Agreement; Vienna Convention on Civil Liability for Nuclear Damage;
Agreement on the Privileges and Immunities of the IAEA; Convention on the Physical
Protection of Nuclear Material, UN Resolutions on Nuclear Security, and other relevant
international instruments entered into by the Republic of the Philippines.

Seetion 4. Scope.

(a) This Act shall apply to all activities and practices involving ionizing radiation sources,
including nuclear and other radioactive materials, facilities and radiation generating
equipment.

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

Section 5. Definitions. — As used in this Act
(a) Activity refers to the amount of radionuclide in a given energy state at a given time;
(b) Activities. refer to the production, manufacture, distribution, sale, acquisition, ownership,

possession, import, export, handling, use, transport, and transfer of nuclear and
radioactive materials; siting, construction, operation, and decommissioning of

cilities;


management of radioactive waste; mining and processing of radioactive ores; and such
other activities as the Commission shall from time to time determine;

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

(4) Commission refers to the Philippine Nuclear Regulatory Commission (PNRC), as the
nuclear regulatory body for purposes of this Act;

(c) Decommissioning refers to the administrative and technical actions taken to allow the
removal of some or all of the regulatory controls from a facility to ensure the long term
protection of the public and the environment, and typically 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;

(f) 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 emer;
serves as the basis for the development of other plans, procedures and checklists;

(2) Emergency preparedness. refers to the capability to take actions that will effectiv.
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 refer to the deliberate exclusion 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 control through the regulatory instrument in question.

(j) Exemption refers to the determination by a Commission 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;
2) enrichment and fuel manufacturing plants;
3) nuclear power plants;
4) other reactors such as research reactors and critical assemblies;
5) spent fuel reprocessing plants;
6) radioactive waste management facilities;
7) radiation generator installations and facilities;
8) irradiation installations:



9) nuclear and radiation facilities for medical, industrial, research and education
purposes; and
10) such other facilities as the Commission shall determine from time to time;

() Facility operators or operators refer to any organization or person applying for
authorization or authorized and/ 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, This includes, 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 Commission in the conduct of
its regulatory functions;

(n) Individual operator refers to any individual who manipulates the controls of a nuclear
installation and radiation facili

(0) Installation operator or Operator refers to any person, organization, or government
entity licensed or authorized to undertake the operation of a nuclear or radiation facility

(p) Institute refers to the Philippine Nuclear Research Institute;

(q) Ionizi
producing ion pairs directly or indi

ng radiation refers to electromagnetic or particulate radiation capable of
ats

(8) Ionizing radiation sources. refer to nuclear and other radioactive materials facilities and
radiation generating equipment;

(8) License refers to a legal document issued by the Commission granting authorization to
perform specified activitics related to facilities or activities; or any authorization
aranted by the Commission to the applicant to have the responsibility for the siting,
design, construction, commissioning, operation or decommissioning of a nuclear
installation;

(t) 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 activiti

(u) 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);

(v) 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;

(w) Nuclear damage refers to loss of life, any personal injury or any loss, or damage (0, 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



(x)

y)

(2)

(aa)

(bb)

(dd)

mental injury, sickness or disease, death whether caused directly by a physical trauma ot
otherwise;

Nuclear incident refers to any occurrence or series of occurrences having the same
origin which causes nuclear damage or, but only with respect to preventive measures,
creates a grave and imminent threat of causing such damage;

Nuclear installation refers to any of the following:

1) a nuclear reactor for research or production of nuclear materials for industri
medical use (including critical and sub-critical assemblie:

2) a plant for preparing or storing fuel for use in a nuclear reactor as described in
paragraph (1);

3) a nuclear 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;

4) 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

5) 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;

Nuclear material refers 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,
either 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;

Nuclear or radiological emergency refers to a non-routine situation that 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; ot (b)
Radiation exposure or adverse consequences for human health and safety, quality of life,
property or the environment;

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;

Official Gazette refers to the official journal of the Philippine government where this
Act and the Commission’s regulations may be published; the journal reports all laws,
actions and decisions issued by the government and other information on things such as
hearing and tribunals, proposed changes and any thing else the government feels should
be told to the public;

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

5


(cc) 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;

(£9 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;

(gg) Radiation facility refers to a facility that utilizes radioactive materials; particle
accelerator facility; and other such facility that the Commission shall determine from
time to time;

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

Radiation protection eters to the protection of people and the environment from the
harmful effects of ionizing radiation;

(jj) Radiation source vefers to a radiation generator, or a radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power reactors:

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

(Il) 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 include material encapsulated for disposal, or nuclear material
within the nuclear fuel cycles of research and power reactors;

(mm)Radioactive waste refers to waste substances, objects or equipment for which no 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;

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

(00) 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;

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


(qq) Registrant refers to the holder of a current registration;

(rt) 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 Commission 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 facilities and equipment;
(2) the operating procedures are simple to follow;

G3). the safety training requirements are minimal; and

(4) there is a history of few problems with safety in operations;

Regulatory Body relers to an organization designated by the government as having legal
authority for exercising regulatory control with respect to ionizing radiation sources,
including issuing authorizations, and thereby regulating one or more aspects of the safety
or security of radioactive sources.

(i) 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 devices or
to further any military purpo

(au) Safety refers to measures intended to minimize the likelihood of accidents involving
radiation sources, nuclear material and their associated facilities;

(vv) Security refers 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;

(ww)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;

(xx) 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;

(yy) 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 Commission;

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

1) Technical and Scientific Support Organization refers to external organization or experts
who are not part of the Commission’s permanent staff from whom the Commission may
seek advice or recommendations in the conduct of its regulatory responsibilities


ARTICLE Il — THE PHILIPPINE NUCLEAR REGULATORY COMMISSION

Section 6. Creation of the Philippine Nuclear Regulatory Commission. ~ Vere is
hereby created the Philippine Nuclear Regulatory Commission, hereinafter referred to as the
Commission, that shall be an attached agency of the Department of Science and Technology for
policy direction, coordination, technical and administrative supervision

Section 7. Mandate of the Commission, — The Commission shall exercise authority
over all aspects of safety, security and safeguards involving nuclear materials and other
radioactive materials, facilities and radiation generating equipment,

Section 8. Regulatory Policy of the PNRC. ~ In issuing authorizations and regulations
under this Act, the Commission shall

(a) Impose the minimum requirements to protect the health and safety of the public and the
environment, and ensure the security of ionizing radiation sour

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

(c) Establish and implement regulations 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 Commission's
regulations, and has financial protection to fulfill obligations on liability for nuclear and

ation damage.

Section. 9, Functions of the PNRC. - The Commission shall:

(a) Define and formulate policies, regulations, standards, and other issuances as a basis for
its regulatory actions on nuclear and radiation safety, security and safeguards;

(b) Develop and issue regulations and standards, regulatory guides and other documents
necessary for the implementation of this Act and its implementing rules and regulations;

(c) Issue, amend and revoke rules, regulations and orders pertaining to the financial
capability of operators to cover liability for nuclear damage;

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

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

(£) Inspect, monitor and assess activities and practices to ensure compliance with applicable
regulations, and the terms and conditions of authorizations;


(g) 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;

(h) Define exemptions and exclusions from regulatory control;

@

sure the application of safety, safeguard and secu
national and international commitments;

iy requirements consistent with

(j) 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;

(k) Cooperate with other governmental or non-governmental bodies having competence in
such areas as health and safety, environmental protection, security and transportation of
nuclear and related dangerous goods;

(1) Cooperate with and act as the national competent authority on nuclear safety, security
and regulatory matters for the International Atomic Energy Agency, foreign
governments, ministries, departments, and agencies, relevant regional and international
organizations, including law enforcement and intelligence agencies;

(m)Participate in relevant regional and international conferences related to safety,
and safeguards of nuclear and other 1%
generating equipment;

ecurity
dioactive materials and safety of radiation

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

(0) Cooperate with other relevant government agencies to establish and maintain a national
radiological emergeney preparedness and response plan;

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

(q) 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;

(r) Establish and maintain a national register of radiation sources;

tablish and maintain a national register of persons a
practices under this Law;

thorized to carry out activities or

(8) Cooperate with the International Atomic Energy Agency in the application of safeguards
in accordance with the Safeguards Agreement, and any protocols thereto, between the
Republic of the Philippines and the International Atomic Energy Agency, including
conducting inspections and visits, carrying out complementary access and providing any
assistance or information required by designated IAEA inspectors in the fulfilment of
their responsibilities;

9


(u) Establish and maintain a State System of Accounting for and Control of nuclear material
and a national system for the registration of licenses for nuclear material, and to establish
the necessary reporting and record keeping and requirements pursuant to the Safeguards
‘Agreement, and any protocols thereto, between member states and the International
Atomic Energy Agency;

(v) 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,
materials or any activity jointly with the authorized representatives of the Commission when the
national security of the state is involved.

Section 10. Management System. ~ The Commission shall establish, implement, and
assess a management system that is aligned with its safety goals and contributes to its
achievement. The Commission shall ensure that regulatory control is stable and consistent,

Section 11. Organizational Structure of the Commission. ~ The Commission 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 two
Associate Commissioners who shall be appointed by the President with a term of four (4) years
and three (3) years respectively. Thereafter, the successors shall be appointed for five (5) years.

The commissioner or at least one (1) of the two (2) associate 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 Commissioner shall not be removed from service for political considerations, but for
just cause which includes misconduct, demonstrated lack of competence, unlawful behavior,
inability to perform assigned duties, and the like.

‘The head of the Commission shall draw up its organizational structure to be submitted to
the Department Secretary for approval

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

The Commission shall also be authorized to:

(a) 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 Commission deems appropriate; and

(b) Use 100% of its income, donations, bequests, grants, and all sums which may be
appropriated for upgrading its physical and human resources, for the conduct of its
activities, and for augmentation of its budget in case of shortfalls.

Section 13, Technical and Scientific Support Organizations, — The Commission is
authorized to seck expert opinion and recommendations from independent technical and
seientifie support organizations whose technical advice will not have conflict of interest or

10


improper influence on its regulatory decision making. Any advice offered shall not relieve the
Commission of its responsibilities under this Act, other relevant laws and applicable regulations.

Section 14. Establishment of an Advisory Board. — Upon the recommendation of the
Commission, the Department of Science and Technology shall establish an advisory board to
assist and advise the Commission 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 shall be
composed of experts from other government agencies or from the academia and/or non-
Government entities or both, not exceeding eleven (11) in number: Provided, however, that the
Commission shall have the final decision and responsibility with respect to such matters,

ARTICLE II — REGULATION AND AUTHORIZATION OF NUCLEAR
INSTALLATIONS AND RADIATION FACILITIES

Section 15. Requirement for Authorization.

(a) Any person who intends to engage in an activity or practice shall submit a notification to
the Commission of its intention to carry out such activity or practice in the form and
within the time limits required by the Commission

(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 if at least sixty percent (60%) of its capital stock is
owned by Filipino citizens.

Section 16. 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 Commission under this Act. A
person or organization shall be required specific authorization issued by the Commission 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 and research applications;

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

(©) Produce of radioactive materials from particle accelerators;

(d) Operate nuclear installations and ionizing radiation facilities for research, commercial
power, and other purposes;

(e) Site, construct, commission, operate, dismantle, decommission, close radioactive waste
management facilities;

(f) Transport of nuclear or radioactive materials to, within, and from the Philippines; and

(g) Engage in ot providing nuclear technical services.

Section 17. Licensing Process and Conditions for Issuance of Authorization. — The
Commission shall provide for the licensing process and the conditions for issuance of
authorization specified in the Implementing Rules and Regulations issued under this Act.

ul


Section 18. 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 Commission
with any requested assistance in the performance of its regulatory functions.

(c) Any person ceasing authorized activities or practices shall inform the Commission prior
to the cessation of those activities or practices.

isional Authorization. ~ In all cases of application for authorization to
construct a facility, if the Commission 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 Commission 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 Commission 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. However, the provisional authorization provided herein
shall not exceed one (1) year.

Section 20. Additional Requirements in Case of Nuclear Installation for
Commercial Power: Exemptions. — 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 the Board of Investments (BOI) Act.

Section 21. Inspections and Enforcement. —

(a) The Commission shall implement a system of inspection of nuclear and radia
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 Commission 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.

(c) Where the Commission 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 16, or other requirements that do not
constitute a criminal offense under Sections [57 and 58] of this Act, the Commission
may impose by order any of the following penalties in conformity with the proceedings

12


provided for in Section 22: suspension, modification, and revocation of authorization, or
imposition of a civil monetary penalty

Section 22. Suspension, Modification, and Revocation of Authorizations, ~ Any
authorization issued pursuant to this Act may be suspended, modified or revoked by the
Commission 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 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 Commission 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 Commission shall, after
securing full information, find that such transfer, assignment, encumbrance, or other disposition
is in accordance with the purposes and provisions of this Act and shall give its consent in
writing,

Upon the suspension, revocation, or expiration of an authorization which is not renewed,
and pursuant to Commission 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 Commission 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
Section 23. Regulatory Control to Ensure Radiation Safety.

(a) ‘The Commission 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 being taken into account; and

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

(b) The Commission shall establish dose limits for persons that may not be exceeded in
conducting activities under regulatory control.

(c) The Commission shall identify sources or practices to be exempted from regulatory
control.

(a) The Commission shall establish clearance levels below which radioactive material within
authorized activities and practices can be released from regulatory control.

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

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() The Commission 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.

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

Section 24, 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 i

(b) Authorized persons shall ensure compliance with the requirements and dose limits
established by the Commission 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 acount 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 ~ EMERG

ENCY PREPAREDNE

AND RESPONSE

Section 25. 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 Commission :

Section 26, Emergency Preparedness and Response. ~ The Commission shall:

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

(b) Coordinate the task of the radiological emergency response organization of the
Commission 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.

ARTICLE VI- TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE
MATERIAL

Section 27. Regulation in the Transport of Nuclear and Other Radioactive Material. ~
The Commission 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 in coordination with relevant national government agencies and consistent with the
International Atomic Energy Agency (IAEA) regulations for the safe and secure transport of
radioactive material.

14


Section 28. Requirements for Authorization. ~ No person shall engage in the transport
of radioactive material without an authorization issued by the Commission.

ARTICLE VIl- IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

Section 29. Export or Import Control, ~ The Commission shall:

(a) Establish regulatory requirements and relevant guides for the exportation and
importation of nuclear and other radioactive materials which require licensees, inter alia’

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

(2) 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

(3) 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; and

(b) Coordinate with relevant agencies of government and establish appropriate formal
mechanisms for coordination to effectively implement these import/export control
measures for nuclear and other radioactive material including devices that produce
ionizing radiation. :

ARTICLE VIII— MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE

Section 30. Regulation of Radioactive Waste and Spent Nuclear Fuel Management.

To ensure the safe and secure management of radioactive waste and spent fuel, the

Commission shall establish:

(a) Applicable safety and security requirement:
and the environment from adverse imp:
management 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.

and regulations for the protection of people
of radioactive waste and spent fuel

ARTICLE IX ~ SAFEGUARDS, PHYSICAL PROTECTION AND SECURITY

Section 31. Safeguards, — The Commission 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;

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(b) Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the Safeguards
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

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

Section 32. Physical Protection and security of nuclear and other radioactive
material.

(a) The Commission shall have the authority to issue regulations 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) The Commission shall establish requirements under the regulations issued under this Aet
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) The Commission shall also have the authority under this Act to issue regulations for the
protection of individuals, society and the environment from the deleterious effects of
radioactive sources. :

(4) The Commission shall also 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 X= ADME

ISTRATIVE PROCEDURE AND JUDICIAL REVIEW

ction 33, Notice and Conduct of Hearing.

(a) In any proceeding under this Act for the grant, suspension, revocation or amendment of
any authorization, or upon the issuance of an order, the Commission 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.

(b) Commission hearings 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 22 shall
become effective until after the licensee has had notice for a hearing and opportunity to
be heard

(a) Where an order suspending, revoking or modifying an authorization, or an order issued
under Section 22 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
Commission’s final decision in the proceeding,



Section 34. Orders and Decisions. ~ All orders and decisions of the Commission shall
be in writing, stating clearly and distinctly the facts and issues involved and the reasons on
which the Commission's order or decision is based, and shall be made available to the public.

See. 35. Judicial Review. ~ The Court of Appeals is hereby given the power of judicial
review over any final order or decision of the Commission 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 Commission 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
Commission may rule or prescribe but not exceeding thirty 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.

Section 36, Notice of Regulation. ~ No regulation adopted by the Commission shall be
effective less than fifteen days after publication of the regulation in the Official Gazette, except,
that if the Commission 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
upon furnishing copies of the regulation to the persons affected.

Section 37. 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
Commission shall be admitted as evidence in any suit or action for damages growing out of any
matter mentioned in such report.

ARTICLE XI - CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE

Section 38. The Operator Liability. ~The operator shall be liable for nuclear damage
upon proof that such damage has been caused by a nuclear incident:

(®) In his nuclear installation; ot
(b) Involving nuclear material coming from or origi
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, or

(2) Inthe absence of such express terms, before another installation operator has taken
charge of the nuclear material; or

(©) Involving nuclear material sent to his nuclear installation, and occurring:

(1) After liability with regard to nuclear incidents involving the nuclear material has
been assumed by him, pursuant to the express terms of a contract in writing, from
another installation operator; or

(2) In the absence of such express terms, after he 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

ig in his nuclear installation, and

7


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,
(a) 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

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

(©) 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, for purposes of this Act, 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 liable in connection with that emission of ionizing radiation.

Section 39. Absolute and Exclusive Liability.

(a) 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

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

Section 40. Recourse Action:
recourse only:

The installation operator shall have a right of

(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 ineident results from an aet or omi
against the individual who ha

on done with intent to cause damage,
acted or omitted to act with such intent.

ction 41. 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 his obligation to pay compensation in respect of the
damage suffered by such person.

Section 42. Exceptions to Liability. ~ No installation operator shall be liable for any
nuclear damage caused by a nuclear accident directly due to an act of armed conflict, hostilities,
civil war or insurrection,

Section 43. 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) (roughly equivalent to 400 million US dollars), for
any one nuclear incident, exclusive of an interest or costs which may be awarded by the Court in
actions for compensation of such nuclear damage. The amount maybe subject to change, as

18


determined by the Commission, in accordance with international conventions ratified by the
Philippines.

Section 44. Exemption from Liabili
under this Act for nuclear damage:

, — ‘The installation operator shall not be liable

(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.

Section 45, Exclusions. —- The Commission 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 XIII. 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

Section 46. Certificate to Carrier. ~ In accordance with such regulations as the
mmission 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 finaneial security.

Section 47. Liability of Several Installation Operators. - Where nuclear damage
engages the liability of more than one installation operator, the following rules shall appl

(a) In so far as damages attributable to cach 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 amount applicable 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 43
hereof.

Section 48. 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 with respect to him pursuant to Section
43.

Section 49. Carrier or Handler of Nuclear Material as Installation Operator. ~ The
Commission, 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, at his request and
with the consent of the installation operator concerned, as installation operator in the place of
that 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 installation
operator for the purpose of this Section,

19


Section 50. 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.

Section 51. Intervention of Commission in Court Proceedings. ~ When, after 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 Commission, upon its petition, to intervene in the proceedings with respect to
technical issues, at any time before final judgment.

Section 52. Compulsory Processes. ~ After the occurrence of a nuclear ineident
for which it appears compensation may be payable under this Act, the Commission 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 Commission within three 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.

Section 53. Investigation of Nuclear Incidents, ~ ‘The Commission shall make an
investigation 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
Section $4. The Philippine Nuclear Research Institute.

(a) The regulatory funetion of the of the Philippine Nuclear Research Institute hereinafter
referred to as the Institute, is hereby transferred to the Commission;

(b) The development, promotion and use of nuclear energy for peaceful applications shall
remain the responsibility of the Institute, whereupon the Director of the Institute shall
draw up its new organizational structure to be submitted to the President through the
Department of Science & Technology Secretary for approval;

(c) The Institute shall be the scientific nuclear organization in the country and continue 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 Institute shall be allowed to use 100% of its income to augment and
hire additional human resources and upgrade its facilitie:

(e) The regulatory functions of the Institute which were inherited from the former Philippine
Atomic Energy Commission by virtue of R.A. No, 2067, as amended and R.A. No. 5207,
as amended, EO. 128 and E.O. 366 are deemed transferred to the Commission.

(f) Previous regulatory issuances ~ all regulations, rules, orders previously established by
the Philippine Nuclear Research Institute shall remain in force until superseded by the
Commission,



Section 55. The Center for Device Regulation, Radiation, Health and Research.

(a) The regulatory functions of the Center for Device Regulation, Radiation, Health and
Research hereinafter referred to as the CORRHR of the Department of Health over
devices generating ionizing radiation by virtue of R.A. 9711 are deemed transferred to
the Commission.

(b) This Act shall in no way prevent the Department of Health 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.

(c) The Center for Device Regulation, Radiation, Health and Research shall remain with the
Department of Health.

(d) Previous regulatory issuances ~ all regulations, rules, orders pertaining to ionizing
radiation previously established by the Center for Device Regulation, Radiation, Health
and Research shall remain in force until superseded by the Commission.

Section 56. Human Resources. ~ All plantilla positions of the Nuclear Regulatory
Division of the PNRI, Department of Science and Technology (DOST) are hereby transferred to
the Commission, 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 Commission. All plantilla positions of the Radiation Regulation Division of
the Center for Device Regulation, Radiation, Health and Research (CDRRHR) of the
Department of Health (DOH) which have responsibilities solely in ionizing radiation regulation
are also hereby transferred to the Commission. Thereafter, all powers, functions and duties,
records, files, and assets of these organizational units shall be transferred to the Commission.

‘There shall be no diminution of rank, salaries, allowances and benefits’ of all personnel
transferred to the Commission. 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 Commission shall be entitled to the same allowances and benefits as the transferred
employees.

‘The head of the Commission shall draw up i
the Department Secretary for approval.

organizational structure to be submitted to

ARTICLE XII -PENAL PROVISIONS

Section 57. Violation of Specific Provisions of th
violates, attempts 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 or a
fine of not more than one million pesos (PHP 1,000,000.00) or both.

e Act. ~ Any person who willfully

Section 58. 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

2


ARTICLE XIV — FINAL PROVISIONS

Section 59. Appropriations. — The amount needed for the initial implementation of this
Act shall be taken from the current year’s appropriations of the Nuclear Regulatory Division of
the PNRI. ‘Thereafter, such sums as may be necessary for its continued implementation shall be
included in the annual General Appropriations Act.

Section 60. Implementing Rules and Regulations, — ‘The Commission, in consultation
with the Department of Science and Technology shall issue the rules and regulations necessary
to implement the provisions of this Act.

Section. 61. Repealing Clause. — The pertinent provisions of Republic Act No, 2067 as
amended, otherwise known as the Science Act of 1958, Republic Act No. 5207 as amended,
otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, Republic Act No.
9711 otherwise known as the Food and Drug Administration Act of 2009, Executive Order No,
128 Series of 1987 on Reorganizing the National Science and Technology Authority, rules and
ulations and other issuances or parts thereof which are inconsistent with this Act are hereby
repealed, amended or modified accordingly.

Section 62. 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.

Section 63, Effectivity Clause, ~ This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

22