S.I. No. 123/2004 - Containment of Nuclear Weapons Act, 2003 Regulations, 2004

The Minister for the Environment, Heritage and Local Government. in exercise of the powers conferred on him by section 13 of the Containment of Nuclear Weapons Act 2003 (No. 35 of 2003), and in consultation with the Minister for Enterprise, Trade and Employment and the Revenue Commissioners, hereby makes the following Regulations.

1. These Regulations may be cited as the Containment of Nuclear Weapons Act, 2003 Regulations, 2004.

2. In these Regulations:—

(a)  a reference to an article is a reference to an article of these Regulations,

(b)  a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

(c)  a reference to an Annex by number is a reference to the Annex so numbered to the Protocol set out in the Schedule to the Act,

(d)  the “National Authority” means the Radiological Protection Institute of Ireland

3. No person shall:

(a)  engage in the manufacturing activities listed in Annex 1 without supplying information to the National Authority, which gives a description of the scale of operations at each location where such activities occur,

(b)  produce, use, acquire, transfer, import, export or process the equipment or material specified in Annex 1 or Annex II without supplying information to the National Authority on the identity, quantity and location of the equipment or material, and, in addition, in the case of imports and exports, the date of import or export, or, as appropriate, expected date of import or export, of the equipment or material and the location of intended use of the imported equipment or material in the state or of the exported material in the recipient state.

4. (a) A person who at the coming into operation of these Regulations is carrying out any activity referred to in article 3(a) or 3(b) shall forward the information referred to in relation to that activity in article 3(a) or 3(b) to the National Authority within 28 days after the coming into operation of these Regulations.

(b)  A person who intends to engage in any activity referred to in article 3(a) or 3(b) shall forward the information referred to in relation to that activity in article 3(a) or 3(b) to the National Authority not later than 28 days before the date of commencement of that activity.

(c)  The information to be forwarded to the National Authority in relation to an activity referred to in article 3(a) or 3(b) shall be made on the appropriate application form obtainable from the National Authority and, without prejudice to the provisions of article 3(a) and 3(b), shall contain the particulars required by that form.

5.  (a) A person who engages in the manufacturing activities referred to in article 3(a) or who produces, uses, acquires, transfers, imports or exports or processes the equipment or material referred to in article 3(b) shall keep and maintain all documents relevant to the said activities and to such equipment and material at the person's place of business in the State.

(b)  The documents mentioned in paragraph (a) shall be maintained by the person involved in a safe and secure condition, suitable for inspection on request by an authorised officer, at the person's place of business until the National Authority notifies that person in writing that maintenance of the documents is not required.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Regulation provides the regulatory basis to enable Ireland to implement its obligations under the Protocol Additional to the 1977 Nuclear Safeguards Agreement between the 13 non-nuclear weapons states of the European Atomic Energy Community, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA). The Safeguards Agreement was made in implementation of Article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons.

The Safeguards Agreement is the means by which the IAEA verifies, through a system of inspections, etc., that Contracting Parties to the Agreement are acting in compliance with their international non-proliferation obligations. The Protocol is aimed at strengthening the effectiveness of the safeguards system by broadening the scope of the Agreement to include the collection and reporting by Contracting Parties of information in relation to specified nuclear and non-nuclear materials relating to the nuclear industry.