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ENFORCEMENT

First published: 2014.01.09 -- Modified: 2014.01.10







The various applications of atomic energy are under continuous regulatory supervision of the Hungarian Atomic Energy Authority (HAEA). This continuous regulatory supervision of the HAEA includes the conduct of enforcement procedures to guarantee the application of legal stipulations and regulatory requirements.
The Act CXVI of 1996 on Atomic Energy (Atomic Act) identifies the inspection of the compliance of regulations and requirements, as well as the implementation or initiation of measures to eliminate any observed deviation as the task of the HAEA.
According to the above obligation, in order to enforce the compliance with the stipulations and requirements established in laws, regulatory resolutions and decision, and other binding documents, the HAEA can implement the following actions:
- warning or notice on the elimination of the detected non-compliance, by a due deadline,
- ordering obligations, by deadline,
- making the operational conditions more rigorous,
- limitation of the validity of the license,
- withdrawal of the license.
In addition to those listed above, in the case of non-compliance with the Atomic Act, an implementing decree or a regulatory resolution issued based thereon, the HAEA can oblige the licensees or the entities required to provide data according to Paras 20-22 of Article 17 (2) to pay administration penalty. The HAEA imposes the penalty with the consideration of the judgment aspects of the Atomic Act, as follows:
- whether extraordinary event, nuclear emergency or nuclear damage has occurred,
- how significant is the incompliance with the requirements, stipulations,
- whether a repeated violation of the rules has occurred,
- whether the behaviour of the licensee/obligant contributed to the incompliance,
- whether the licensee/obligant caused the incompliance implemented measures aiming at eliminating the incompliance and mitigating its consequences.
The above listed aspects are completed by the aspects described in Act CXL of 2004 on the general rules of public administration proceeding and services, as follows:
- the drawback caused by the non-compliance, including the costs arisen regarding the prevention, response and recovery of the drawback, and the benefit reached by the non-compliance,
- the ability to recover the drawback caused by the non-compliance,
- the scope of those affected by the non-compliance,
- the duration of the period of non-compliance,
- the repetition and frequency of non-compliant behaviour,
- the behaviour contributing to or cooperating with the non-compliance,
- the economic value of the perpetrator.
The amount of the penalty imposed by the Hungarian Atomic Energy Authority is regulated by Govt. decree 112/2011. (VII.4.) on the scope of activities of the Hungarian Atomic Energy Authority in connection with its international obligations including the European Union, its authority and penalizing rights, the assignments of its co-authorities and on the Scientific Committee assisting the HAEA`s activity.
Accordingly, the amount of the penalty is at least 50,000 HUF and at most 3,000,000 HUF. In the case of a nuclear safety regulatory matter, against the licensee of the nuclear power plant, the amount of the penalty is at least 50,000 HUF and at most 50,000,000 HUF. In the case of a nuclear safety regulatory matter, against the licensee of a nuclear facility other than a nuclear power plant, the amount of the penalty is at least 50,000 HUF and at most 5,000,000 HUF. In the case of a safeguards regulatory matter, against the licensee of a nuclear facility, the amount of the penalty is at least 50,000 HUF and at most 5,000,000 HUF.