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Reaction to the misleading information about HAEA’s legal background

2017.01.27

The latest modification of the Act on Atomic Energy was encouraged by the Hungarian Atomic Energy Authority, which participated in the preparatory work and agrees to the change of content. The HAEA prepared and sent the draft modification of the Government Decree, which provides details to the Section 67 of the Act, to the Ministry of National Development.


For the interpretation of the Act on Atomic Energy, the whole Act and other Acts should be taken into consideration. Section 8 of the Act on Atomic Energy declares that the decisions of the atomic energy oversight organization shall not be modified or annulled by virtue of supervision. Section 19 (4) of the Act CXL of 2004 on General Rules of Administrative Proceedings and Services declares that cases, over which the authority has jurisdiction, may not be transferred. Section 19 (7) of the Government Decree 118/2011 (VII. 11.) on the nuclear safety requirements of nuclear facilities and on related regulatory activities declares that the deviation from the content of the documentation substantiating the application retained by the nuclear safety authority, if the deviation is subject to licensing obligation, is only possible with the approval of the nuclear safety authority.

Based on all this, taken into consideration the modification of the Act on Atomic Energy, the status of the HAEA did not change; it has the power to make its regulatory decisions concerning nuclear safety, security and safeguards in line with the requirements and the recommendations of the European Union and the International Atomic Energy Agency.