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19 DE FEVEREIRO DE 1998

662-(3)

CHAPTER 2 Obligations a) General provisions

Article 4 Implementing measures

Each Contracting Party shall take, within the framework of this national law, the legislative, regulatory and administrative measures and other steps necessary for implementing its obligations under this Convention.

Article 5

Reporting

Each Contracting Party shall submit for review, prior to each meeting referred to in article 20, a report on the measures it has taken to implement each of the obligations of this Convention.

Article 6 Existing nuclear installations

Each Contracting Party shall take the appropriate steps to ensure that the safety of nuclear installations existing at the time the Convention enters into force for that Contracting Party is reviewed as soon as possible. When necessary in the context of this Convention, the Contracting Party shall ensure that all reasonably praticable improvements are made as matter of urgency to upgrade the safety of the nuclear installation. If such upgrading cannot be achieved, plans should be implemented to shut down the nuclear installation as soon as practically possible. The timing of the shut-down may take into account the whole energy context and possible alternatives as well as the social, environmental and economic impact.

6) Legislation and regulation

Article 7 Legislative and regulatory framework

1 — Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations.

2 — The legislative and regulatory framework shall provide for:

i) The establishment of applicable national safety requirements and regulations;

ii) A system of licensing with regard to nuclear installations and the prohibition of the operation of a nuclear installation without a licence;

iii) A system of regulatory inspection and assessment of nuclear installations to ascertain compliance with applicable regulations and of the terms of licences;

iv) The enforcement of applicable regulations and of the terms of licences, including suspension, modification or revocation.

Article 8 Regulatory body

1 — Each Contracting Party shall establish or designate a regulatory body entrusted with the implementation of the legislative and regulatory framework referred to in article 7, and provided with adequate authority, competence and financial and human resources to fulfil its assigned responsibilities.

• 2 — Each Contracting Party shall take the appropriate steps to ensure an effective separation between the functions of the regulatory body and those of any other body or organization concerned with the promotion or util-. ization of nuclear energy.

Article 9

Responsibility of the licence holder

Each Contracting Party shall ensure that prime responsibility for the safety of a nuclear installation rests with the holder of the relevant licence and shall take the appropriate steps to ensure that each such licence holder meets its responsibility.

c) General safety considerations

Article 10 Priority to safety

Each Contracting Party shall take the appropriate steps to ensure that all organizations engaged in activities directly related to nuclear installations shall establish policies that give due priority to nuclear safety.

Article 11 Financial and human resources

1 — Each Contracting Party shall take the appropriate steps to ensure that adequate financial resources are available to support the safety of each nuclear installation throughout its life.

2 — Each Contracting Party shall take the appropriate steps to ensure that sufficient numbers of qualified staff with appropriate education, training and retraining are available for all safety-related activities in or for each nuclear installations, throughout its life.

Article 12

Human factors

Each Contracting Party shall take the appropriate steps to ensure that the capabilities and limitations of human performance are taken into account throughout the life of a nuclear installation.

Article 13 Quality assurance

Each Contracting Party shall take the appropriate setps to ensure that quality assurance programmes are established and implemented with a view to providing confidence that specified requirements for all activities important to nuclear safety are satisfied throughout the life of a nuclear installation.