Proposition 53K2941

Projet de loi relatif à la désignation et aux attributions des membres du personnel de l'Agence fédérale de Contrôle nucléaire chargés des inspections nucléaires.

General information ¶

Submitted by

PS | SP the Di Rupo government

Submission date

July 10, 2013

Official page

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Status

Adopted

Requirement

Simple

Subjects

nuclear energy nuclear safety

Voting ¶

Voted to adopt

CD&V Vooruit LE PS | SP Open Vld N-VA LDD MR VB

Abstained from voting

Groen Ecolo

Contact form ¶

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Discussion ¶

Feb. 12, 2014 | Plenary session (Chamber of representatives)

Full source

The rapporteur, Mr Eric Thiébaut, refers to his written report.

I did not have the opportunity to participate in the discussion in the committee. Therefore, in this plenary session, I would like to clarify a number of questions from our group on this bill and indicate our voting behavior — it becomes an abstinence.

It is obvious that a number of positive reforms are ahead and it is good that you take a number of legislative initiatives on nuclear safety, but two points in this bill cause us concern.

First, nuclear inspectors and inspectors of the Federal Agency for Nuclear Control lose their status of judicial police officer, which makes them less strong on the ground. I read in the report — and Mrs Dierick said something similar — that you suggest that the question of changing the statute comes from the FANC itself. My assessment of this is, based on my information, slightly different.

The FANC’s request was primarily to increase the evidence value of the findings of the contractual staff instead of removing the status of judicial police officer from the nuclear inspectors. This has come to my ear. I am afraid that a step backwards will be taken. I also refer, for example, to the inspectors of our energy regulator, the CREG, who have the capacity of officer of judicial police.

Second, as regards the provision of data, it is a bit bizarre that entities of other public authorities are only allowed to provide data instead of being required to provide. That is a nuance, but an important nuance, ⁇ because in the field of nuclear inspection the findings and the playing field can sometimes differ from level to level. Regional entities can also make certain determinations. They may have certain information. Our group thinks this is a strange choice.

These two comments will result in our group’s abstinence. There are also other challenges in the field of nuclear security. Therefore, I ask you to take advantage of the time you have left during this legislature.

Mr. Speaker, Mrs. Minister, dear colleagues, the CDH group is delighted that this bill finally regulates the situation of the inspectors of the Federal Agency for Nuclear Control. The primary objective of this project is the legalization of the situation of these inspectors, legalization made necessary by the fact that, on the one hand, the majority of them are contractual agents, clothed with authority powers, and that, on the other hand, most of their powers are defined by royal decree, which is contrary to the principle of legality.

The majority submitted various amendments to the committee. These various amendments were widely approved. These were necessary amendments following the opinions received between the submission of the bill and its discussion in committee. For a number of them, of a technical nature, it was to take into account the opinion of the Privacy Protection Commission.

Some still approved amendments aim to strengthen the inspection powers of the Federal Nuclear Control Agency. This reinforcement is necessary in view of the Best Medical case, which highlighted the legal obstacles encountered by the Agency to end a dangerous situation for nuclear security. Thus, the text of these amendments allows to offer inspectors a coercive power in addition to their orders, as well as the power to accompany them with a coercive penalty in the context of the finding of an infringement.

These amendments also aim to give nuclear inspectors the power to adopt security measures, even outside of the finding of an infringement.

In addition to this reinforcement, an appeal in consideration of lifting of the aforementioned measures is provided in advance of the appeal organized by the project before the Minister of the Interior. Specific amendments to public health that have been approved shall take into account the interests in the matter when the interventions of the inspectors concern the medical environment.

The protection of medical secrecy and the exchange of information between the Federal Agency for Nuclear Control and Public Health is thus strengthened.

Finally, we can say that these are practically giant steps that have been made in the field of nuclear security. In the face of this evolution, the CDH group will therefore support this text.

I look forward to the vote on this bill. It will strengthen the competence of the AFCN nuclear inspectors in order to ensure the effectiveness of safety checks in the perspective of better protection and of citizens and workers.

First and foremost, there is a need to consolidate the powers. The contractual staff of the FANC can take the oath and the number of inspectors as such can be increased to approximately fifty persons by the end of this year, while there are currently only fourteen inspectors. This is an important step in improving the inspection.

It should also be noted that most of the powers of the inspectors were defined by a royal decree. In accordance with the principle of legality, the powers will be defined by law. The powers will also be detailed, explained and expanded.

There is, above all, a reinforcement of skills that I look forward to. Indeed, since the Best Medical case, we have noticed gaps in both legal and general tools made available to inspectors during inspections.

In addition to the fact that the number of inspectors will increase from 14 to 50 by the end of 2014, we confer a whole range of additional powers in terms of coercive powers, ability to request security measures, coercive powers, ability to carry out checks in places that were not accessible before and with requirements in terms of seizure and analysis.

It is also important to emphasize that this bill provides for a reinforcement of the protection of the citizen against the risk of arbitrary as guarantees are strengthened as well as the role of the investigation judge when it comes to measures relating to private home. Requirements are also strengthened when it comes to access to medical secret data. A series of a posteriori guarantees are still provided for reinforced motivations. Finally, appeals will be strengthened in relation to administrative measures such as the appeal for removal.

The horizontal administrative cooperation will be strengthened. From now on, the obligation to transmit the necessary information collected by the nuclear inspectors to other inspectors charged with the supervision of other legislation, according to modalities that will be determined by the Council of Ministers. This is an obligation, not a possibility.

The draft also provides for a notification to the Minister of Health, of the medical-related approvals and permits issued by the Agency, so that the Minister can have a global view of the medical equipment that uses ionizing radiation.

I think this is a very good bill.

Now to the comments of Mr. Calvo. At the committee meeting, I already explained the capacity of a judicial police officer. This was a question from the FANC, but according to several members of the FANC it was not so necessary and they preferred an increase in the capacity to collect evidence. In this draft law, we have thus expanded the possibility of collecting evidence.