Radiation and Nuclear Protection Proclamation No.1025 -2017

 Proclamation No. 1025 /2017

PROCLAMATION TO PROVIDE FOR RADIATION AND NUCLEAR PROTECTION

 

WHEREAS, the use of radiation and nuclear technology in the nations socio-economic development has been increasing from time to time with the attendant risks of damage to health, property and the environment, caused by radiation, unless proper and effective protection schemes are introduced;

Whereas, it is essential to regulates and supervises radiation sources, nuclear material and related activities subject to regulatory systems in order to protect individuals, the society and the environment in current and future generation against the harmful effect of radiation, while  such sources and related activities are used for the benefit of the public;

Whereas, it is found essential to strengthen radiation sources and nuclear material protection system which comply with international standards by enacting laws to make persons, who are responsible for safety and security of radiation sources and nuclear materials acutely aware of their legal responsibilities and to take appropriate measure commensurate with the radiation hazard against anyone who causes radiation exposure in excess of the acceptable level;

NOW, THEREFORE, in accordance with the Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE

GENERAL

1.    Short Title

This Proclamation may be cited as the"Radiation and Nuclear Protection Proclamation No.1025 /2017”.

2.    Definition

In this Proclamation:

1/  "accident" means any unintended event which may cause hazard and includes operating errors, apparatus failures or transportation risk or other calamities with respect to radiation sources and nuclear materials, the consequences or potential consequences of which are not trivial from the perspective of safety;

 

2/  "activities" means the production, use, import and export of radiation sources for industrial energy production, research and medical purposes; the transport of radioactive material; the sitting, construction, commissioning, operation and decommissioning of facilities for peaceful purpose; radioactive waste management activities and site rehabilitation and also include the activities stated in Article 5(2) of this Proclamation;

3/  "atomic energy" means a type of energy emitted from radioisotopes, nuclear reactions, nuclear reactor, x-ray generator, or other technical apparatus emitting ionizing radiation;

4/  "Authority" means the Ethiopian Radiation Protection Authority; The Authority shall be accountable to the ministry of Science and Technology;

5/  "authorization" means a written permission issued by the Authority for an operator to perform a specified activity and may include license or registration;

6/  "decommissioning" means all steps leading to the release of a facility, other than a disposal facility, from regulatory control of the Authority; these conditions include the processes of dismantling or removal of essential equipment or material.

7/  “discharge" means planned and controlled releases into the environment, as a legitimate practice, within limits authorized by the Authority, of solids, liquid or gaseous radioactive materials that originate from regulated nuclear facilities and activities during normal operation;

 

8/  "disposal" means the emplacement of spent fuel or radioactive waste in an appropriate facility without the intention of retrieval;

 

9/ "dose limit" means the value of the effective dose or the equivalent dose to individuals from controlled practice that shall not be exceeded;

10/ "nuclear or radiological emergency" means an emergency in which there is, or is perceived to be, a hazard due to the energy resulting from a nuclear chain reaction or from the decay of the products of a chain reaction; or radiation exposure;

11/ “exclusion" means the deliberate exclusion of a particular category of exposure from the scope of application in this proclamation on the grounds that it is not considered amenable to regulatory control; 

12/ "exemption" means the determination by the Authority that radiation 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 radiation 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;

13/ "facilities" means irradiation installations including x-ray generators, nuclear facilities where activities utilizing nuclear material are conducted; Uranium/Thorium mining and milling facilities, radioactive waste management facilities and any other facility determined by the Authority where radioactive material or nuclear material is produced, processed, used, handled, stored or disposed of, on such a scale that consideration of protection, security and safety is required;

14/ "inspector" means an employee designated by the Authority to supervise the proper observance and enforcement of the provision of this Proclamation, and regulation and directives issued hereunder by the authorized person;  

15/ "intervention" means any action intended to reduce or avert exposure or the likelihood of exposure to radiation sources which are not part of a controlled activities or which are out of control as a consequence of an accident;

16/ "licensee" means a person holding valid authorization issued by the Authority for an activity or practice;

 

17/ "notification" means a document submitted to the Authority by a person to notify an intention to carry out an activity or other use of radiation source;

18/ "nuclear material" means plutonium except that with isotopic concentration not exceeding 80% in plutonium 239; 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 residue; any material containing one or more of the foregoing; 

19/ “nuclear safeguards” means regulating import, export and use of nuclear material (plutonium, uranium, and thorium); non-nuclear material such as nuclear grade graphite, heavy-water; and equipment that have dual-use–equipment that can be used in nuclear fuel cycle activities (NFC) and in other technologies within Ethiopia and its jurisdictions;

 

20/ "nuclear or radiological emergency plan" means a description of the objectives, policy, concept of operations and a set of procedures to be applied during  emergency  and  of  the  structure,  authorities  and  responsibilities  for  a systematic, coordinated and effective response serving as the base for the introduction of other plans and  procedures;

 

 

21/ “operator" means any person applying for an authorization, or that is authorized or responsible for nuclear, radiation, radioactive waste or transport safety when undertaking activities or in relation to any nuclear facility or radiation source,

 

22/ "orphan radioactive source" means a radioactive source which is not under Authority control, either because it has never been under Authority  control or because it has been abandoned, lost, misplaced, stolen or transferred without proper authorization;

23/ "physical protection" means a system of technical and organizational measures preventing unauthorized activities with nuclear installations, radioactive materials and selected items;

 

24/ "radiation" means energy which is capable or incapable of producing ion pairs when it interacts with matter;

 

 

25/ "radiation source" means a radiation generator, or a radioactive source or other radioactive material; outside the nuclear fuel cycles of research and power reactors;

 

26/ "radioactive material" means any material designated as being subject to regulatory control by the Authority;

 

27/ "radiation worker" means an individual competent and experienced in radiation protection, safety or security and assigned by the authorized person.

 

28/ "safety" means the protection of people and the environment against radiation risk, and the safety of facilities and activities that give rise to radiation risk;

29/ "spent fuel" means nuclear fuel that has been irradiated permanently or temporarily removed from a reactor core;

 

30/ "person" means any natural or juridical person;

31/ any expression in the masculine gender includes the feminine.

 

3.    Objectives

 

This Proclamation shall have the following objectives:

1/  regulate in respective to the safety, security and safeguards to ensure the peaceful use of radiation and nuclear technologies to support the national socio-economic and technological development;

 

2/  protect individuals, the society, and the environment as well as current and future generations from radiation hazards;

 

3/  Undertake and promote research and development in the subject areas of regulating radioactive materials and related activities.

 

4.    Scope of Application

1/  This Proclamation shall be applicable to natural or artificial nuclear and radioactive materials or in respect of any other activity which involves a risk or harm arising from radiation within the territory of Federal Democratic Republic of Ethiopia.

 

2/  Without prejudice to the generality of sub-article (1) of this Article, the application of this Proclamation shall not include radiation sources or activities which are excluded and exempted from regulatory control.

 

PART TWO

NOTIFICATION AND AUTHORIZATION

5.    General

1/  No activities shall be adopted, advertised, conducted, discontinued or ceased except in accordance with the requirements established by the Authority unless the exposure to such practice is excluded or the activity is exempted from the requirements.

 

 

2/  No radiation source shall be as applicable be mined or milled, manufactured, constructed or assembled, processed, possessed, transferred or transited, imported, exported, distributed, sold, loaned, hired, stored, operated, used, decommissioned, maintained, disassembled, transported, disposed except in accordance with the requirements, established by the Authority unless the exposure to such source is excluded from such requirement, or the radiation source exempted from the requirements.

 

6.    Notification

1/  Any person who intends to engage in an activity specified in this Proclamation shall submit a notification to the Authority of his intention to carry out such activity or practice in the form prescribed for such purpose and shall submit his plan to the Authority within the time limits provided in the regulations.

 

2/  Without prejudice to sub-article (1) of this Article, the Authority shall determine the radiation sources and activities requiring only notification. 

 

7.    Authorization

No person shall carry out any of the activities specified in this Proclamation without fulfilling the requirements and granted with authorization unless the practices or activities are exempted or excluded from the regulatory control.

 

8.    Authorization of nuclear facility

Application for authorization under Article 7 of this Proclamation shall submit the safety-case which contains the following:

1/  assessment and verification of safety;

2/  financial capacity;

3/  management systems;

4/  human resources;

 

5/  radiation protection;

6/  emergency preparedness;

7/  sitting

 

8/  design, construction and commissioning;

9/ operation, maintenance, modification and utilization;

10/  extended shutdown and,

11/decommissioning including financial arrangements for decommissioning.

9.    Mining or processing of radioactive materials

 

The application for mining and processing of radioactive materials under Article 7 shall contain the following:

 

 

1/  site characteristics, including geology and mineralogy;

2/  sitting or construction plans;

3/  conceptual design of the mining or processing facility;

4/  proposed work activities, extraction techniques  and types of equipment involved ;

5/  transport of the ore;

 

6/  exposures and dose  limit to workers;

 

7/  measures to be taken for radiation protection;

 

8/  procedures for radiation accident prevention;

 

9/  plans and procedure for the management     of radioactive waste discharge to the environment;

10/ procedures for dealing with accidental releases of radioactive or nonradioactive contaminants into the environment, including mitigation of hazards;

 

11/ impacts on public health and safety and the environment;

 

12/ sitting of tailings and storage facilities or stockpiles of ore and waste rock;

 

13/ proposed decommissioning plans, including financial arrangements for decommissioning;

 

14/ security conditions.

 

10.Control of Radioactivity in Food Stuffs and Non food Items

The Authority shall, in consultation with the appropriate organs establish a system and control of radioactive materials in food stuffs and non-food items.

 

11.Control of Export and Import of Goods and Items Containing Nuclear and Radiation Substances

The Authority shall control fulfillment of  the following conditions for exporting and importing of goods and items containing nuclear and radiation sources and issue permit:

1/  to export any nuclear material, that is subject to regulatory control the applicant shall provide the necessary information of the end user;

2/  to import any nuclear material and radioactive sources the technical and administrative capability and resources to use the imported material, equipment or technology of the end users shall be demonstrated; and

3/  other detail conditions specified in regulations and directives issued hereunder shall be verified.

12.Issuance and Content of Authorization

1/  The Authority shall grant certificate of authorization to a person that meets specific requirements subject to particular activities and code of conduct specified in this Proclamation, and Regulations and Directives issued hereunder.

2/  Any certificate of authorization may contain necessary condition in relation to radiation and nuclear regulation.

 

3/  The license shall be issued in the form prescribed for same.

13. Renewal of Certificate of Authorization

1/  The application for renewal of certificate of authorization shall be submitted to the Authority within the period upon fulfilling conditions prescribed in the regulations issued pursuant to this Proclamation.

 

2/  Certificate of authorization may be renewed with or without amendment of its content.

 

3/  Re-application for certificate of authorization, during the validity period of the certificate, shall be required when the use of different radioactive material or activities thereof or change or modification of premises that could cause change in the radiation exposure occurs.

 

4/  The Authority shall issue renewed certificate of authorization if the application meets appropriate requirements. 

 

14. Responsibility of the Authorized Person and other concerned parties

 

1/  Any authorized person shall have the primary responsibility for the safe and secure conduct of that activity or practice and for ensuring compliance with this Proclamation and Regulation, Directives issued hereunder and other necessary requirements and conditions of the authorization related to that activity or practice.

2/  Any authorized person shall have duty to cooperate with the Authority when requested by the Authority for the performance of its regulatory functions.

 

3/  Any authorized person shall inform his activity or practice to the Authority prior to the cessation of his authorized activity or practice.

4/  Any authorized person shall ensure that exposure for radiation resulting directly or indirectly from the authorized activity to be kept as low as reasonably achievable below the prescribed limits. The details will be enacted in the regulation.

 

5/  Any authorized person shall assign qualified and experienced person in radiation health and safety as radiation worker.

 

6/  Any authorized person shall ensure that the radiation workers are given proper instruction on radiation safety and receive a periodic medical checkup every six months.

 

7/ Any authorized person shall ensure that workers are supplied with dose limit monitoring device accessories and professional risk allowance necessary to carry out radiation work with the lowest reasonable achievable risk that commensurate with the level of potential risk expected from the authorized source, or activities and radiation.

 

 

8/ Any authorized person shall ensure safe management of and control over all nuclear or radiation sources.

 

9/  Any authorized person shall establish clear lines of responsibility and accountability for protection and safety for radiation sources for which authorization is granted.

 

10/     Any authorized person shall not employ a radiation worker, who does not have proper training or is under 18 years of age or is not found by medical examination to be free from disease or weakness which could be considered to make him/her particularly vulnerable to the health hazards involved in the work.

 

11/ without prejudice to the Provision of sub article 10 of this article, the license shall deploy pregnant workers in a position that ensure protection of the infant from radiation hazard since the date of notification their pregnancy.  Other related issues will be enacted in the regulation.

12/ without affecting the rights to request compensation as per the civil code, the licensee shall have the responsibility to immediately make arrangement for the medical examination to any person who because of his/her work may have otherwise been exposed to radiation, shows sign of injury which may be suspected of having been caused by such radiation.

13/     Any person who wants to send abroad a radioactive residue waste or spent fuel generated within the country shall obtain authorization from the Authority.

 

14/ Any person engaged in radiation work shall, in addition to the periodic examination prescribed under Article (6) of this Proclamation, undergo medical examination as may be required by the Authority.

 

15/ The authorized person, the radiation worker or any other person shall notify to the Authority forth with any lose, theft, diversion for unauthorized use of the radiation source; or when over exposure of radiation or any accident occurs in not later than 24 hours after such an occurrence has come to his knowledge, and fully comply with any emergency measures as may be prescribed by the Authority.

 

16/ On the death of the authorized person, any person responsible for the administration of the estate shall promptly notify the Authority the death of the authorized person and ensure the compliance of radiation protection and safety requirements as well as the security of the radiation source under his possession.

 

17/ On the death of the authorized person, the authorization shall remain valid, in so far as it confers the right to possess the authorized radiation source for the deceased’s estate until three months after death.  

18/     The operator of a waste disposal facility shall prepare a plan for the closure of the facility that includes effective institutional controls; and the Authority shall approve this plan before authorization.

 

PART THREE

 

INSPECTION AND ENFORCEMENT

15.  Designation of Inspectors

 

The Authority shall assign inspectors possessing the appropriate qualifications, training and experience; and issue identification card which show their responsibilities.

 

16.  Power and Responsibility of Inspectors

The inspectors shall have the following powers and responsibilities:

 

1/  verify compliance of the authorized person with the provisions of this Proclamation and regulations, directives, requirements and conditions issued hereunder and conduct other necessary examination related with inspection;

 

2/  without prejudice to the generality of sub-article (1) of this Article enter any time to all parts of the premises or part there of vehicle, boat air craft or facilities where activities or practices are carried out and reasonable cause to believe that, with a view to:

 

 

a)  obtain information about the status of their radiation safety and security;

 

b)  examine the authorization, notice or documents with related to activities to inspect, examine or take a copy there of and take sample for examination;

 

c)   investigate any incident or accident involving nuclear material or radiation sources; and

d)  summon and question any person who acted as representative of the authorized person and found pertinent to the inspection being carried out.

3/  prepare documents and record applicable for inspection purposes;

4/  prepare inspection result reports to relevant officials and authorized person;

5/  ensure that accountancy and operational record are in place and maintained accurately by the authorized body;

6/       ensure that any nuclear material and radiation sources and facility  are registered; their whereabouts at any time is known, that it is protected from diversion, miss use, theft,  or other similar actions.

 

17.  Enforcement of Law

1/  When the inspector determines that an activity or practice is conducted in violation of this Proclamation and regulations, directives and necessary requirements and conditions of authorization issued hereunder and poses an immediate risk of injury to persons or substantial damage to property or the environment, the inspector as may be necessary shall make enforcement of law by:

a)  order immediate suspension of the activity or practice on temporary basis; or seal the premises of the radiation sources; 

 

b)  order the authorized person to prohibit radiation worker who does not meet applicable requirements from engaging in the activity or practice;

 

 

c)   order that nuclear or radioactive material originating from a suspended activity or practice be safely and securely stored or seized;

 

d)  summon and receive statement or testimony, either alone or in the presence of any other person as he thinks fit, any person with respect to matters under radiation and nuclear regulatory activities; and 

 

e)   require a medical examination to be carried on as may be necessary.

 

 

2/  The order or decision rendered by the inspector pursuant to sub-article (1) of this Article shall be valid and enforced until rectified in accordance with the order and decision by the authorized person.

 

3/  Notwithstanding sub-article (2) of this Article the decision of inspector may not be enforced:

 

a)    when the top official of the Authority takes measure which reverses or modifies the order or decision of the inspector; or

 

 

b)  when complaint handling body reverses the order or decision of the inspector;

4/  In cases of enforcement of law, the inspector shall produce a report containing relevant findings and identifying the evidentiary basis for the findings, including measures as necessary, test results, explanations or other information.

5/  The report produced pursuant to sub-article (4) of this Article shall be submitted to the authorized person and the authorized person has right to ask clarification on the report or lodge his objection to the complaint handling body within 30 days after the receipt of the report.

 

18.  Modification, Suspension and Revocation of Authorizations

1/  The inspector, while exercising his law enforcement powers and duties as provided for under Article 17 of this Proclamation may submit a recommendation to the Authority to modify, suspend or revoke the authorization.

2/  The inspector may submit a recommendation to the Authority for modification, suspension or revocation of the authorization where:

 

a)  the authorized person has contravened the provision of this Proclamation or regulations or directives issued pursuant to this Proclamation;

b)  the authorized person has contravened  terms or conditions of the authorization;

c)   it is proved that the authorized person has given false or misleading information to the Authority for the issuance of the authorization; or

d)  the public interest so requires.

 

3/  Where the inspector recommends to the Authority the modification, suspension or revocation of the authorization pursuant to sub-article (1) and (2) of this Article, he shall submit to the authorized person the written copies of such recommendation together with the reasoning.

4/  Notwithstanding sub-article (3) of this Article, where urgency for the matter so requires, the inspector may forthwith suspend an authorization before submission of his recommendation to the Authority and to the authorized person.

5/  The head of the license issuing department of the Authority shall modify, suspend or revoke the authorization or approve the suspension decision of the inspector based on the recommendation presented to it pursuant to sub-article (3) of this Article.

 

6/  A suspension decision passed pursuant to sub-article (4) of this Article shall have no effect if the head of the license issuing department of the Authority fails to approve within 30 days.

 

7/  Where an authorization is suspended or revoked:

a)  the inspector shall cause seal to be affixed at the authorized person facility, nuclear or radioactive material or devices emitting ionizing radiation for which the authorization was issued in such a way that the facility, the installation or apparatus is incapable of being used without the seal of affixed to them being broken;

b)  the authorized person shall have obligation to report to the Authority up on undertaking corrective measures as may be directed by the inspectors; and

 

c)   the inspector may lift up the seal affixed to the facility in consultation with the license issuing department of the Authority, if the authorized person verifies in writing to rectify the defects considered as grounds for suspension or revocation of the authorization within certain period of time. The details will be enacted in the regulation.

19.  Pleading

1/  Any authorized person objecting decisions passed pursuant to Article 18 of this Proclamation may lodge his pleading to the Director General of the Authority within 30 days after getting copy of the decision, by specifying that the authorization shall not be modified, suspended, or revoked.

 

2/  The Director General shall establish a committee to provide him a recommendation on the pleading lodged.

3/  The committee to be established under sub-article (2) of this Article shall consist one legal expert and two technical experts with the experience of nuclear and radiation protection.

4/  The committee to be established under sub-article (3) of this Article shall examine the pleadings directed to them from the Director General, decision and relevant documents and provide recommendation to the Director General within 30 days.

 

5/  The Director General shall pass his decision based on the recommendation submitted to him by the Committee; and any person aggrieved by the decision of the Director General may lodge pleading in the regular court of law within 30 days against such decision.

6/  The court of law hearing the pleading on the administrative decision may confirm, revoke or vary the decision or may remand the decision for reconsideration.

 

7/  The decision of the Authority shall be enforced even though pleading is lodged pursuant to sub-article (5) of this Article, unless court of law issues suspension.

 

20. Measures to be taken in the use of Nuclear Sources for Peaceful Services

 

1/  The appropriate governmental and non-governmental organizations and the authorized person shall have obligation to cooperate with the Authority for the implementation of regional and international radiation and nuclear conventions to which Ethiopia is party.

 

2/  Without prejudice to sub-article (1) of this Article, it is prohibited to directly or indirectly manufacture or possess nuclear weapons and explosives, or attempt to manufacture or possess nuclear weapons and explosives.

 

3/  The importation of radioactive waste and nuclear spent fuel to Ethiopia for any purpose is strictly prohibited.

 

 

21.  Registration of radiation protection service

1/  Any person engaging in radiation protection service shall be registered with the Authority and obtain authorization.

 

2/  The criteria for registration and issuance of authorization for radiation protection service providers shall be determined by the regulations to be issued hereunder.

 

22. Radiation and Nuclear research and Development

Necessary conditions to undertake and promote research on radiation and nuclear activities that can support the regulatory functions shall be facilitated.

23. Confidentiality

Subject to the aim of this Proclamation disclose unreasonably any matters which said secrete in provision of law and ensured by the concerned Authority is prohibited.

 

                                    PART FOUR

MISCELLANEOUS PROVISIONS

 

24.  Criminal Provisions

1/  Whosoever, without duly notifying the Authority and having necessary authorization involves in radioactive material and activities, shall be punishable with rigorous

 

 imprisonment of not less than three years and not exceeding seven years and with a fine of not less than Birr 30,000 and not exceeding Birr 70,000;

2/  Whosoever, up on duly notifying the Authority but without having the necessary authorization involves in radioactive material and activities, shall be punishable with rigorous imprisonment of not less than one year and not exceeding two years and  with a fine not less than Birr 10,000 and not exceeding Birr 20,000.

3/  Whosoever transfers or leases the authorization or the activities or materials or profession or organizations or by any means abuses the right and privileges indicated under the license issued to him without the acknowledgement of the Authority shall be punishable with rigorous imprisonment not less than two years and not exceeding five years and a fine not less than Birr 20,000 and not exceeding Birr 50,000.

 

4/  Whosoever, having been duly authorized, does not keep technical documents or relevant information or submits a false report or fails to submit a report of its activities to the Authority when requested shall be punishable with rigorous imprisonment not less than one year and not exceeding three years and with a fine not less than Birr 10,000 and not exceeding Birr 30,000.

 

5/  Whosoever acts beyond the scope of a specific authorization, professional duties or code of conduct or by any other similar manner violates this Proclamation and other safety and security measures shall be punishable with rigorous imprisonment not less than two years and not exceeding five years and with a fine not less than Birr 20,000 and not exceeding Birr 50,000.

 

6/  Whosoever, in any manner, obstructs the inspection or harasses the inspector, or fails to cooperate with the inspector shall be punishable with rigorous imprisonment not less than one year and not exceeding five years and with a fine not less than Birr 10,000 and not exceeding Birr 50,000.

 

 

 

 

7/  Whosoever violates the provisions of this Proclamation and engages in illicit trafficking of nuclear and radioactive materials shall be punishable with rigorous imprisonment not less than three years and not exceeding 10 years and with a fine of not less than Birr 30,000 and not exceeding Birr 100,000.

 

8/  Whosoever, being aware of the existence of professional malpractice or knowingly or should have known that there exists a nuclear or radiological accident or other similar activites against this Proclamation are materialized, and fails to report shall be punishable with rigorous imprisionment not less than one year and not exceeding five years and with a fine of not less than Birr 10,000 and not exceeding Birr 50,000.

9/  Whosoever, discloses confidential information of nuclear or radioactive material shall be punishable with rigorous imprisonment not less than one year and not exceeding five years or with a fine not less than Birr 10,000 and not exceeding Birr 50,000.

10/ Whosoever develop or use the nuclear or radioactive material for the purpose of terrorism or any other similar activities contrary to the peaceful use shall be punishable with not less than 20 years rigorous imprisonment and with a fine of not less than Birr 200,000 and not exceeding Birr 1,000,000.

11/ Any person who without permission from the Authority transfers, alters, disposes or disperses nuclear/or radioactive materials that are likely to cause death or serious injury to any person or substantial damage to property shall be punishable with not less than three years and not exceeding fifteen years imprisonment and with a fine not less than Birr 50,000 and not exceeding Birr 500,000.

 

12/ Any person who without permission from the Authority uses nuclear/or radioactive materials to cause damage shall be punishable with  not less than 10 years and not exceeding 20 years rigorous imprisonment and with a fine not less than Birr 100,000 and not exceeding Birr 500,000.

 

 

 

25.   Jurisdiction of court

 

The Federal High Court shall have the jurisdiction on disputes and matters arising under this Proclamation and regulations to be issued.

 

26.  Duty to co-operate

The concerned government bodies and any person shall have the duty to cooperate with the Authority for effectively discharging of its duties provided under this Proclamation. 

 

27.  Repeal and Inapplicable laws

 

1/  The Radiation Protection Proclamation No. 571/2008 is here by repealed.

 

2/  No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, be applicable with respect to matters provided for by this Proclamation.

 

28.  Transistor provision

1/  Notwithstanding sub-article (1) of Article 27 of this Proclamation, excepting article 4(2) and Article 13 the provisions from Article 4 to Article 15 of the Radiation Protection Proclamation No. 571/2008, shall be effective, until  the Ethiopian Radiation Protection Authority is established by the Council of Ministers Regulations. 

 

2/  The Authority shall, after the coming into force of this Proclamation, process pending applications for authorization and registration in accordance with the provisions of this Proclamation.

3/  The authorizations given or renewed, or registrations effected in accordance with Radiation Protection Proclamation No. 571/2008 shall remain effective until their validity period lapses.

 

29.  Power to issue Regulations and Directives

1/  The Council of Ministers may issue Regulations on:      

a)  the notification and authorization obligations, and control and monitoring applicable to ionizing and  non-ionizing radiation sources and related practices;

 

b)    application for authorization and related issues;

 

c)   issuance of certificate of authorization, content, and validity period and rate of service fees and

 

d)  other related issues for the proper implementation of this Proclamation.

 

2/   The Authority may issue directives on:

a)  the control of radioactive materials in food stuffs and non-food items;

 

b)  the transportation of radioactive materials within the territory of Ethiopia and control of orphan radioactive sources;

 

c)   the commercial advertisement of radioactive materials or related activities through mass media or other means; and

 

d)  other issues for the implementation of this Proclamation and Regulations issued under sub-article (1) of this Article.             

 

30.  Effective Date

This Proclamation shall enter in to force on the date of its publication in the Federal Negarit Gazeta.

 

Done at Addis Ababa on this 19^th day of July, 2017.

 

Mulatu Teshome (Dr.)

 

President of the Federal

  Democratic Republic of Ethiopia