NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No.2 301

EXPLANATORY NOTE

Nuclear technological risks in the Philipines are so high yet safeguards against them
are so little, Although science and technology can cushion its impact, it can ruin lives, property,
‘environment and ecology. Nuclear technology disaster is something the country cannot afford,

In order to develop the programs that can help not only the Government but also the

private sector in making decisions on nuclear technological choices, a comprehensive nuclear

regulatory framework is needed and at the same time, the establishment of the Philippine
Atomic Regulatory Commission is necessary.

The thrust of this bill is in consonance with the Constitutional mandate of the State to
protect and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. The Philippine Atomic Regulatory Commission shall be
responsible for nuclear radiation protection of the general public and thereby prevent or
decrease the risks which such activities pose to life, property and ecology.

Immediate approval of this measure is earnestly sought.


NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 23.21

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

ARTICLE |
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policy. — It is hereby dectared to be the policy of the State to:

a) Harness the peaceful uses of atomic energy that can provide important benefits

in the fields of health and medicine, energy production, scientific research,
agriculture, industry, and education;

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

c) Protect individuals, society, 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 of radiation sources, atomic material, and any other
radioactive material;

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

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

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

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

b)To establish the Philippine Atomic Regulatory Commission (PARC) for the
purpose of exercising regulatory control over the peaceful uses of ionizing
radiation in the territory or area under the jurisdiction or control of the Republic of
the Philippines, including the production, possession, use, import, export,



transport, transfer, handling, and management of radioactive materials, atomic
materials or other activities or practices identified by the PARC;

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

4d) To enable the Philippines to implement relevant international legal instruments
entered into by the Philippines, in particular the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear Weapon-Free
Zone; Comprehensive Test Ban Treaty; the Agreement between the Philippines
‘and the Intemational Atomic Energy Agency (IAEA) for the Application of
Safeguards in Connection with the NPT (the Safeguards Agreement); Additional
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability for
Nuclear Damage: Agreement on the Privileges and Immunities of the IAEA,
Convention on the Physical Protection of Nuclear Material, United Nations
Resolutions on Nuclear Security, and other relevant interns tional instruments
entered into by the Republic of the Philippines.

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

SEC. 4. Scope, Exemption and Exclusion: -

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

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

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

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

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

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

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

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

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


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Authorization refers to a written permission granted by the PARC to a person
who has submitted an application involving atomic and radioactive materials and
associated facilities, and ionizing radiation generating equipment. The
wuthorization can take the form of a registration, or a license;
Decommissioning refers to the administrative and technical actions taken to
allow the removal of some or all of the regulatory controls from a facility to ensure
the long term protection of the public and the environment, and typically includes
reducing the levels of residual radionuclides in the materials and on the site of the
facility so that the materials can be safely recycled, reused, or disposed of as
exempt waste or as radioactive waste and the site can be released for unrestricted
use or otherwise reused;

plan refers to a description of the objectives, policy, and concept of
operations for the response to an emergency and of the structure, authonties and
responsibilities for a systematic, coordinated and effective response. The
emergency plan serves as the basis for the development of other plans,
procedures and checklists;
Emergency preparedness refers to the capability to take actions that will
effectively mitigate the consequences of an emergency for human health and
safety, quality of life, property, and the environment;
Emergency response refers to the performance of actions to mitigate the
consequences of an emergency for human health and safety, quality of life,
property, and the environment;
Exclusion refers to the deliberate excluding of a particular category of exposure
from the scope of an instrument of regulatory control on the grounds that it is not
considered amenable to regulatory control through the regulatory instrument in
question
Exposure refers to the state or condition of being subject to irradiation;
Exemption refers to the determination by the PARC that a source or practice
need not be subject to some or all aspects of regulatory control on the basis that
the exposure, including potential exposure, due to the source or practice being
too smail to warrant the application of those aspects or that this is the optimum
option for protection irrespective of the actual level of the doses or risks;
Facilities refer to atomic installations or radiation facilities in which people may
be exposed to ionizing radiation. These include:
1) uranium mining and raw material processing facilities such as uranium mines;
2) enrichment facilities and atomic fuel fabrication facilities;
3) atomic power plants;
4) other reactors such as research reactors and critical assemblies;
5) conversion facilities used to generate uranium hexafluoride (UF6);
6) spent fuel reprocessing plants;
7) radioactive waste management facilities;
8) radiation generator installations and facilities;
9) irradiation installations;
10) atomic and radiation facilities for medical, industrial, research, and education

purposes; and

11) such other facilities as the PARC shail determine from time to time;
Facility operator refers to any organization or person applying for authorization
or authorized or responsible for atomic, radiation, radioactive waste or transport
‘safety when undertaking activities or in relation to any atomic facility of source of
ionizing radiation. This includes, inter alia, private individuals, govemmental
bodies, consignors or carriers, licensees, hospitals, and self-employed persons;
Income refers to the fees and other payments made to the PARC in the conduct

of its regulatory functions,



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

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

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

.) Jonizing radiation sources refer to atomic and other radioactive materials
facilities and radiation generating equipment,

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

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

u) Natural sources refer to naturally occurring sources of radiation. such as the
Sun and stars as sources of cosmic radiation; and rocks and soil as terrestrial
‘sources of radiation,

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

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

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

y) 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 of the likelihood of exposure of people, or the number of people
®

xposed;

2) Radiation facility refers to a facility that utlizes radioactive materials: particle
accelerator facility; and other such facility that the PARC shall determine from
time to time;

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

bb) Radiation protection refers to the protection of people and the environment
from the harmful effects of ionizing radiation;

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

reactors;

dd) Radioactive material refers to any material designated in national law or by @
regulatory body as being subject to regulatory contro! because of its radioactivity
which includes sealed and unsealed sources and radioactive waste,

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


ff) Radioactive waste refers to a material for which no further use is foreseen that
contains, or is contaminated with, radionuclides at activity concentrations greater
than clearance levels as established by the regulatory body.

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

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

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

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

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

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

kk) Safeguards refer to measures undertaken to ensure that the tomic material,
non-atomic material, services, equipment, facilities, information, and certain
items are not used for the manufacture of atomic weapons or any other atomic
‘explosive davices or to further any military purpose;

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

mm) Security refers to the prevention and detection of and response to: theft,
sabotage, unauthorized access, illegal transfer or other malicious acts involving
atomic material, other radioactive substances or their associated facili

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

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

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

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

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

ARTICLE II
THE PHILIPPINE ATOMIC REGULATORY COMMISSION

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

All functions relating to atomic activities lodged in, or performed by other

departments, agencies, or offices of the government are hereby transferred to the PARC.

6


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 securty of atomic and radioactive maternal,
radiation sources and their associated facilities;

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

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

4) Ensure that operators are technically and financially qualified to engage in the

activities in accordance with the requirements of this Act and the
PARC’s regulations, and has financial protection to fulfil obligations on liability
for atomic and radiation damage.
SEC. 8. Functions of the PARC, - The PARC shall:

a) Define, formulate, develop, and issue policies, regulations, orders and rules,
standards, regulatory guides, and other issuances necessary for the
implementation of this Act and its implementing rules and regulations,

b) Issue, amend, and revoke rules, regulations and orders including those
pertaining to the financial capability of facility operators to cover liability for
atomic damage;

c) Establish and implement a system of authorization in the form of registration,
‘and licensing, including the modification, amendment, suspension, and
revocation of such authorization;

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

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

f) Undertake enforcement measures as provided for under Section 22 of this Act
in the event of non-compliance with applicable regulations or the terms and
conditions of authorizations;

2) Define exemptions and exclusions from regulatory control;

h) Ensure the application of safeguard, safety 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 other govermental or nongovernmental bodies having
competence in areas such as health and safety, environmental protection,
security, and transportation of atomic and related dangerous goods;

k) Act as the national authority on atomic safety, security and regulatory matters
relative to the International Atomic Energy Agency (|AEA), foreign governments,
ministries, departments, and agencies, relevant regional and international
organizations, including law enforcement and intelligence agencies;

1) Participate in relevant regional and international conferences, meetings,
workshops, seminars and trainings related to safety, security, and safeguards
‘of atomic and other radioactive materials and safety of radiation generating
equipment,

Obtain experts' advice and opinions necessary to perform its functions, including
the hiring of consultants, contracting of specific projects, establishing Technical
and Scientific Support Organizations, and ad hoc advisory bodies;

m)


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

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

p) Establish appropriate mechanisms and procedures for informing and consulting
the public and other stakeholders about the regulatory process and the safety,
health, and environmental aspects of regulated activities and practices,
including incidents, accidents, and abnormal occurrences,

@) Exercise regulatory control with respect to ionizing radiation sources, including
the issuance of authorization;

1) Establish and maintain a national register of radiation sources;

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

1) Cooperate with the IAEA in the application of safeguards in accordance with the
Safeguards Agreement, and any protocols thereto, between the Repubiic of the
Philippines and the IAEA, including conducting inspections and visits, carrying
out complementary access and providing any assistance or information required
by designated IAEA inspectors in the fulfillment of their responsibilities:

u) Establish and maintain a State System of Accounting for and Control of atomic
material and a national system for the registration of licenses for atomic material,
and to establish the necessary reporting and record keeping and requirements

to the Safeguards Agreement, and any protocols thereto, between a
‘State and the IAEA;

v) Receive contributions, grants, bequests, gifts, and donations, in cash or in kind,

whether from local or foreign sources: provided, that acceptance of grants,

bequests, contributions, and donations from foreign governments shall be
subject to the approval of the President of the Philippines, upon the
recommendation of the Commissioner of the PARC and the Secretary of the

Department of Foreign Affairs (DFA):

Perform such other relevant functions necessary to implement the provisions of

this Act.

w

SEC. 9. Management System. — The PARC shall establish, implement, and assess 2
management system that is aligned with its safety goals and contributes to its achievement
The PARC shall ensure that regulatory control is stable and consistent.

SEC. 10. Organizational Structure. —The PARC shall be headed by a Commissioner
who shall be appointed by the President of the Philippines for a term of five (5) years with
‘@ rank equivalent to an Undersecretary. The Commissioner shall be assisted by four (4)
Deputy Commissioners who shall be appointed by the President with a rank equivalent to
Assistant Secretary, and who shall serve a term of five (5), four (4), three (3) and two (2)
years, respectively. Thereafter, the successors shall be appointed to serve for five (5) years.

The four (4) Deputy Commissioners shall represent the following sectors: (a) health, (b)
energy, (c) defense and security, and which shail include research, academe, agriculture,
and the environment. The Commissioner may come from any of the aforesaid sectors,

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

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

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

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

functions;


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 PARC:
©) Recommend and develop plans to achieve the PARC’'s objectives; and
4) Perform such other relevant functions 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 lands under the administration of the Bases Conversion and Development Authority
(BCDA) within the Clark Special Economic Zone in Pampanga and Tarlac, shall be
allocated exclusively for the PARC office: Provided, That the PARC shall establish
additional offices in strategic areas as it may deem necessary: Provided further, That the
boundaries and technical descriptions of the ten hectares of land in the Clark Special
Economic Zone to be designated for the use of the PARC shall be determined by an actual
and joint group survey.

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

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

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

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

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

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

¢) Secretary of the Department of Energy:

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

¢) Secretary of the Department of National Defense;

1) Secretary of the Department of Trade and Industry,

2) Secretary of the Department of Agriculture;

h) Secretary of the Department of Foreign Affairs; and

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

organizations.


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

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

ARTICLE Ill
REGULATION AND AUTHORIZATION OF FACILITIES AND ACTIVITIES

SEC. 16. Activities Subject to Authorization. — it shall be unlawful for any person to
transfer, construct, receive, own, possess, operate, import or export any atomic installation
and radiation facility except under an authorization issued by the PARC. A
person or organization shail be required specific authorization from the PARC to conduct
any of the following activities or practices:

a) Transfer, receipt, acquisition, ownership, possession, or use of atomic or
radioactive material for medical, industrial, agricultural, and research
applications;

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

¢) Production of radioactive materials from particle accelerators;

4) Operation and maintenance of ionizing radiation facilities for scientific research,
industrial, and medica! purposes:

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

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

2) Engage in or provide atomic technical services.

SEC. 17. Requirement for Authorization, -

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

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

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

SEC. 19. Responsibilities of the Authorized Person. —

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

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

10


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

emergency;

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

SEC. 20. Provisional Authorization. — \n all cases of application for authorization to
construct a facility, ifthe PARC finds that, on the basis of the technical information and data
so far made available to it, there is reasonable assurance that the proposed facility can be
constructed and operated at the proposed location without undue risk to the health, safety,
and security of the public and the environment, it shall issue the appropriate authorization
to operate the facility: Provided, That in cases where there is insufficient data or information
‘on health, safety, and security, or if there is a need to generate or validate such data or
information, the PARC may issue a provisional authority to operate such facility for as long
as in its determination, there is reasonable assurance that questions of health, safety, and
security wil be so resolved as to warrant the issuance of an authorization to operate the
facility: Provided, however, ‘That the provisional authority to operate the facility ‘shall cover
‘@ period not to exceed one (1) year

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

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

SEC. 23. Inspections and Enforcement. —

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

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

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

SEC. 24. Suspension, Modification, and Revocation of Authorizations — Any
‘authorization issued pursuant to this Act may be suspended, modified or revoked by the
PARC in the event of a violation of its conditions, when circumstances in which the public


interest, health, safety, or security so requires, or when the conditions under which it was
issued are no longer complied with, or in any circumstance that continued activity under the
authorization shall pose an unacceptable risk to people or the environment: Provided, That
the licensee shall have been accorded an opportunity to demonstrate or achieve
compliance with the requirements. In all instances, the PARC shall provide information to
the public on the procedures and requirements for suspension, modification, renewal,
revocation, or relinquishment of authorizations.

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

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

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

ARTICLE IV
RADIATION PROTECTION
SEC. 25. Regulation to Ensure Radiation Protection. —

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

4) 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
likelinood of incurring exposures shall all be kept as low as reasonably
achievable, economic and social factors considered; and

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

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

©) The PARC shall identify sources or practices to be exempted from regulatory
control:

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

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

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

SEC. 26, Responsibilities of Authorized Persons in Radiation Protection
a) The authorized person shall bear the prime responsibility of ensuring the safety
and security of the facility and of all activities and practices associated with it;
b) Authorized persons shall ensure compliance with the requirements and dose
limits established by the PARC and shall ensure that radiation doses to workers
and the public, including doses from releases to the environment, are as low as
reasonably achievable, taking into account social and economic factors;


¢) Persons authorized to conduct activities utilizing ionizing radiation for medical
purposes shall ensure the overall patient protection and safety in the prescription
of, and during the delivery of, medical exposures
dy
ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE

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

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

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

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

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

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

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

ARTICLE Vi
TRANSPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIAL

SEC. 29. Regulation in the Transport of Atomic and Other Radioactive Material. — The
PARC shall establish and implement safety and security requirements for the transport of
atomic and other radioactive material to, from and within the jurisdiction of the Philippines
consistent with the Intemational Atomic Energy Agency (IAEA) regulations for the safe and
‘secure transport of radioactive material

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

ARTICLE Vil
IMPORT AND EXPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIALS

SEC. 31. Import and Export Control, — The PARC shall:

a) Establish regulatory requirements, procedures and relevant guides for the
importation and exportation of atomic and other radioactive materials including
radioactive sources which require licensees, inter alia to:

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

2) Ensure before importation that the exporter has an authorization from the
competent authority of the exporting country to export such materials to the
Philippines in accordance with laws and regulations of that country, and that

B


‘a recipient is authorized to receive such materials and has the capacity to
ensure their safety and security; and
3) Ensure before exportation that a recipient is authorized to receive such
materials and that the importing country has the necessary and appropriate
technical and administrative capability, resources and regulatory
infrastructure to ensure the safe and secure management of such materials,
particularly disused sources.

b) Coordinate with relevant agencies of government and establish appropriate
formal mechanisms for coordination to effectively implement these import and
export control measures for atomic and other radioactive material as well as
radioactive sources.

ARTICLE VII
MANAGEMENT OF SPENT FUEL AND OTHER RADIOACTIVE WASTE

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

2) Applicable safety and security requirements and regulations for the protection of
people and the environment from adverse impacts of radioactive waste and spent
fuel management activities including relating to predisposal management of
radioactive waste, and generation characterization. classification, pre-treatment,
treatment, conditioning, packaging and storage as appropriate;

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

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

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

©) The PARC shall ensure the continuous regulatory control over radicactive waste
from its generation to final disposal, including institutional contro!

ARTICLE IX
ATOMIC SAFETY AND DECOMMISSIONING

Sec. 33. Licensing Process of Atomic installations.

a) Any person who intends to construct or operate an atomic installation or to conduct
related activities shail obtain an authorization from PARC consistent with the terms
of this Act and applicable regulations.

b) The PARC shall establish requirements for the regulatory contro! of atomic
installations to include the following:

1) Regulations for siting, design, construction, commissioning, operation
maintenance and decommissioning,

2) Regulations for public information, management system, and authorization of
installation operators,

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

4) Financial and human resources necessary to ensure safety and security; and

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


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

Sec. 35. Decommissioning. ~ The PARC shall:
a) Establish requirements for the decommissioning of atomic installations or radiation
facilities, including:

1) Safety and environmental criteria, including conditions on the end state after
decommissioning:

2) Limits and conditions for the removal of regulatory control for atomic
installations or radiation facilities containing radionuclides;

3) Regulations for the clearance of radioactive material during and following
decommissioning.

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

(b) Ensure that relevant documents and records prepared by the facility operator are
maintained for a specified period of time before, during, and after
decommissioning.

Sec. 36. Decommissioning Plan.-
(a) At the design stage of an atomic installation, the applicant for authorization to
construct and operate an atomic instalistion shall prepare an_ initial
decommissioning plan for approval by the PARC. The plan shall be
commensurate to the type and status of the atomic installation and the hazard that
may be associated with the decommissioning.
(b) The PARC shall require the facility operator to provide periodic reviews and
updates of the decommissioning plan and shall specify the maximum time intervals
between such reviews and updates.

ARTICLE X
SAFEGUARDS

SEC. 37. Safeguards, - The PARC shall:

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

b) Ensure unimpeded access by designated IAEA inspectors and duly authorized
representatives of the Philippine government agencies to any location or facility
provided for under the Safeguards Agreement and any protocols thereto, with @
view to conducting the verification activities authorized by these instruments;

¢) Ensure full cooperation and support to the IAEA by all national government

‘agencies and authorized persons in the application of safeguards measures; and
Fuffil the Philippines’ obligation to the Non-Proliferation Treaty, the Safeguards
Agreement, and related international treaties, conventions, agreements and
Protocols thereto.

r)

ARTICLE X!
PHYSICAL PROTECTION AND SECURITY

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

a) Issue regulations to implement effective measures to prevent, detect, and respond

to unauthorized acts involving atomic and other radioactive material that may


cause injury to persons, property or the environment or otherwise jeopardize

national security;

b) Establish requirements for the physical protection of atomic material, in
accordance with the provisions of this Act, and in compliance with the country’s
obligations as a party to the Convention on the Physical Protection of Nuclear
Material, the Amendment thereto, and other intemational treaties and
conventions;

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

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

ARTICLE Xil
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 39. Notice and Conduct of Hearing. —

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

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

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

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

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

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

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



effective immediately upon publication in the Official Gazette or in a newspaper of general
circulation, or upon furnishing copies of the regulation to the persons affected.

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

ARTICLE XiIll
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE

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

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

b) When the incident involved atomic material which came or originated from the
operator's atomic installation, and occurred in either of the following
circumstances:

1) before liability with regard to atomic incidents involving the atomic material has
been assumed, pursuant to the express terms of @ contract in writing, by
another installation operator, or

2) in the absence of such express te
taken charge of the atomic mater

©) When the incident involved atomic material that was sent to the operators atomic
installation, and occurred in either of the following circumstances:

1) after the liability with regard to atomic incidents involving the atomic material
has been assumed by the operator pursuantto the express terms of a contract
in writing, from another installation operator; or

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

d) Any provision in this Section to the contrary notwithstanding, the installation
operator shall be liable for atomic damage upon proof that such damage has been
caused by an atomic accident involving atomic material in the course of carriage
either to an atomic installation located in the territory of a State that is not a party
to an international convention on civil liability for atomic damage to which the
Philippines is a party; or when the atomic material was being transported from the
Philippines to an operator in another country that is a Contracting Party to the
‘Vienna Convention.

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

SEC. 45. Absolute and Exclusive Liability. —
a) The liability of the installation operator for atomic damage shall be absolute.

before another installation operator has

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

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

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

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

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

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

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

SEC. 51, Exclusions. —The PARC may, if it determines that the small extent of the risk
involved $0 warrants, exclude by regulation any small quantity of atomic material from the
application of the provisions in this Article XIll: Provided, That maximum limits for the exclusion
‘of such quantities have been established by the Board of Governors of the International
‘Atomic Energy Agency: Provided, further, That any exclusion must be within the limits so
established.

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

SEC. 53. Liability of Several Installation Operators. — Where atomic damage is attributed
to more than one installation operator, the following rules shall apply
‘a) in so far as damages attnbutable to each installation operator are not reasonably
separable, the installation operators involved shall be jointly and severally liable;
b)_ In case the atomic incident occurs in the course of carriage of atomic material,
either in one and the same means of transport, or, in the case of storage incidental
to the carriage, in one and the seme atomic installation, and causes atomic
damage for which is attributable to more than one installation operator, the total


liability shall not exceed the highest amount applicable with respect to any of the
concemed operators, and in accordance with Section 44 of this Act; and

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 48 hereof.

SEC. 54. Operator of Several Installations. - Subject to the provisions of Section 52 where
‘several atomic installations of one and the same installation operator are involved in one
‘atomic incident, such installation operator shall be liable in respect to each atomic installation
involved, up to the amount applicable provided in Section 48 of this Act.

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

SEC. 86. Court Having Jurisdiction. —The Regional Trial Court having jurisciction over the
place where the atomic incident occurs shall have jurisdiction to determine claims for
compensation for any atomic damage

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

SEC. §8. Compulsory Processes. —After the occurrence of an atomic incident for which it
appears compensation may be payable, the PARC may adopt such measures as may be
appropriate to determine the persons who were or might have been exposed to ionizing
radistion resulting from such atomic incident, which measures may include summons to such
persons to submit themselves to examination before such authority or body as shall be
designated by the PARC within three (3) months from the date of summons. in determining
the amount of damages or the right to recover damages, the Court may, in its discretion, take
into account the inexcusable failure of the claimant to fulfil or comply with the foregoing
obligation.

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

ARTICLE XIV
TRANSITORY PROVISIONS

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

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

b) The development, promotion, and use of atomic energy for peaceful applications
shall remain the responsibility of the Institute, whereupon the Director of the
Institute shall, in coordination with the DBM, draw up its new organizational
structure in accordance with existing laws and civil service rules and regulations;

©) Previous regulatory issuances — all regulations, rules, orders previously
established by the PNRI shall remain in force until superseded by the PARC by
appropriate orders or issuances


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

a) The regulatory functions of the Center for Device Regulation, Radiation, Health
and Research (CDRRHR) of the Department of Health (DOH) over devices
‘generating ionizing radiation by virtue of Republic Act No.9711 otherwise known
as "The Food and Drug Administration Act of 2009", are deemed transferred to
the PARC: Provided, that the DOH shall continue to exercise administrative
supervision over the CORRHR. All regulations, rules, orders pertaining to ionizing
radiation previously established by the CORRHRR shail remain in force until
superseded by the PARC.

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

SEC, 82. Human Resources. —All plantiia positions of the Nuclear Regulatory Division of
the PNRI, DOST are hereby transferred to the PARC. Thereafter, all powers, functions and
duties, records, files, and assets pertaining to regulation of atomic and radioactive materials
and facilities of the PNRI shall be transferred to the PARC.

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

Republic Act No. 6856, entitied "An Act To Protect The Security Of Tenure Of Civil
Service Officers And Employees In The Implementation Of Government Reorganization shall
govern the reorganization of the Nuclear Regulatory Division of the PNRI and the Radiation
Regulation Division of the CDRRHR,as this affects their respective personnel

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

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

ARTICLE XV
PENAL PROVISIONS

SEC. 64, Violation of Specific Provisions of the Act. — Any person who wilifully 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
ranging from One milion 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 wilfully violates,
attempts to violate, or conspires to violate any provision of this Act for which no penalty is
specifically provided, or of any regulation, order or authorization issued under this Act shall,
upon conviction thereof, suffer the penalty of imprisonment of not more than two (2) years or
2 fine of not more than Five hundred thousand pesos (PHP 500,000.00), or both.

ARTICLE XVI
FINAL PROVISIONS

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

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

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

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

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

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

Approved,

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