LAW
ON PROTECTION AGAINST NON-IONIZING RADIATION
("Official Gazette" RS No. 36/09)
I. BASIC PROVISIONS
Article 1.
This law regulates the conditions and measures for the protection of human health and the protection of the environment from the harmful effects of non-ionizing radiation in the use of sources of non-ionizing radiation.
Protection against professional exposure to sources of non-ionizing radiation is not the subject of this law.
Article 2
Individual terms used in this law have the following meanings:
1) non-ionizing radiation is electromagnetic radiation that has a photon energy of less than 12.4 eV. They include: ultraviolet or ultraviolet radiation (wavelengths 100-400 nm), visible radiation (wavelengths 400-780 nm), infrared radiation (wavelengths 780nm - 1 mm), radio-frequency radiation (frequencies 10 kHz - 300 GHz), electromagnetic fields of low frequencies (frequencies 0-10 kHz) and laser radiation. Non-ionizing radiation includes ultrasound or sound whose frequency is higher than 20 kHz;
2) a source of non-ionizing radiation is a device, installation or object that emits or can emit non-ionizing radiation;
3) a source of non-ionizing radiation of special interest is a source that can be dangerous to human health, taking into account the best available scientific data;
4) an object with a source of non-ionizing radiation is an object where sources of non-ionizing radiation are produced or used;
5) the limit of exposure to non-ionizing radiation is the maximum allowed value of field intensity in the environment, which is determined by a standard or other regulation. This limit does not apply to patients in healthcare facilities where controlled medical therapy or diagnostic procedures are applied;
6) the zone of dangerous radiation is the space around the source of non-ionizing radiation in which the intensity of non-ionizing radiation exceeds the prescribed limit;
7) the living environment is a set of natural and created values whose complex interrelationships make up the environment, that is, the space and conditions for life;
8.) the population consists of people of all ages, sexes and health conditions who perform all life activities. These persons do not need to be aware that they are exposed to non-ionizing radiation and do not need to know the harmful effects of this radiation;
9) operator or operator is a person who works with sources or supervises the operation of sources of non-ionizing radiation;
10) protection against non-ionizing radiation includes a set of measures and procedures that prevent or reduce the harmful effects of non-ionizing radiation in the environment;
11) examination of the radiation originating from the source of non-ionizing radiation is the measurement and, if necessary, the calculation of the parameters of the field and its spatial distribution in the environment;
12) an extraordinary event is an unplanned event in which, due to human error or equipment failure, a harmful effect of non-ionizing radiation on human health occurred or could occur.
II. PRINCIPLES
Article 3
Regulation of protection against non-ionizing radiation is based on the following principles:
1) principle of prohibition - exposure to non-ionizing radiation above the prescribed limit and any unnecessary exposure to non-ionizing radiation is not allowed;
2) the principle of proportionality - the conditions and permissibility of using sources of non-ionizing radiation of special interest are determined and priced according to the benefit that their use provides to society in relation to the potential risks of adverse effects due to their use, taking into account the level and duration of exposure of the population in the specific case, the age and health structure of the potentially exposed population, the way, time and place of using such a source, the presence of other sources with different frequencies, as well as other relevant circumstances of the specific case;
3) the principle of publicity - data on non-ionizing radiation are available to the public.
III. PROTECTION MEASURES AGAINST NON-IONIZING RADIATION
Article 4
In implementing protection against non-ionizing radiation, the following measures are taken:
1) prescribing the limits of exposure to non-ionizing radiation;
2) detecting the presence and determining the level of exposure to non-ionizing radiation;
3) determining the conditions for using sources of non-ionizing radiation of special interest;
4) provision of organizational, technical, financial and other conditions for the implementation of protection against non-ionizing radiation;
5) keeping records on sources of non-ionizing radiation of special interest;
6) marking the source of non-ionizing radiation of special interest and the zone of dangerous radiation in the prescribed manner;
7) conducting control and ensuring the quality of sources of non-ionizing radiation of special interest in the prescribed manner;
8.) application of means and equipment for protection against non-ionizing radiation;
9) control of the level of exposure to non-ionizing radiation in the environment and control of implemented measures of protection against non-ionizing radiation;
10) provision of material, technical and other conditions for systematic examination and monitoring of the level of non-ionizing radiation in the environment;
11) education and professional development of personnel in the field of protection against non-ionizing radiation in the environment;
12) informing the population about the health effects of exposure to non-ionizing radiation and protective measures and informing about the degree of exposure to non-ionizing radiation in the environment.
Article 5
In order to detect the presence, determine the danger, notify and take measures to protect against non-ionizing radiation, a systematic examination of the level of non-ionizing radiation in the environment is carried out.
The government adopts the Program of systematic examination of the level of non-ionizing radiation in the environment for a period of two years.
The program from paragraph 2 of this article is prepared by the ministry responsible for protection against non-ionizing radiation (hereinafter: the ministry) in cooperation with the authority of the autonomous province responsible for environmental protection (hereinafter: the competent authority of the autonomous province).
The republic or autonomous province provides financial resources for the implementation of the program from paragraph 2 of this article.
Systematic examination of the level of non-ionizing radiation in the environment can be carried out by a company, enterprise and other legal entity if it meets the requirements in terms of personnel, equipment and space.
The fulfillment of the conditions referred to in paragraph 5 of this article shall be determined by decision of the minister responsible for protection against non-ionizing radiation (hereinafter: the minister).
The decision from paragraph 6 of this article is final.
The Minister prescribes more detailed conditions that must be met by the persons referred to in paragraph 5 of this article who carry out the tasks of systematic examination of the level of non-ionizing radiation, as well as the manner and methods of systematic examination of the level of non-ionizing radiation in the environment.
Persons referred to in paragraph 5 of this article who carry out systematic testing of the level of non-ionizing radiation in the environment are obliged to submit an annual report on the test results to the ministry, and for the territory of the autonomous province and to the competent body of the autonomous province, no later than March 31 of the current year for the previous year, and immediately in case of an extraordinary event.
The minister prescribes the content and appearance of the report form from paragraph 9 of this article.
Article 6
A commercial company, enterprise, other legal entity and entrepreneur may use sources of non-ionizing radiation of special interest if they meet the following conditions:
1) to have an environmental impact assessment for those sources of non-ionizing radiation, in accordance with the law;
2) that the level of exposure of the population does not exceed the prescribed limits.
The fulfillment of the requirements from paragraph 1 of this article is determined by the decision of the minister, and for the territory of the autonomous province, the competent authority of the autonomous province.
The decision from paragraph 2 of this article is final.
A fee shall be paid for the issuance of the decision referred to in paragraph 2 of this article, in accordance with the law regulating the administrative fee.
Persons referred to in paragraph 1 of this article cannot start using sources of non-ionizing radiation of special interest before they receive a certificate of fulfillment of the conditions for their use.
The Minister prescribes:
1) limits of exposure to non-ionizing radiation;
2) sources that are considered sources of non-ionizing radiation of special interest, as well as the method of their examination.
Article 7
The provisions of Article 6 of this law do not apply to sources of non-ionizing radiation of special interest that are registered with the ministry responsible for defense affairs and the ministry responsible for internal affairs.
Exceptionally, the provisions of Article 6 of this law do not apply to:
1) sources of non-ionizing radiation that are transported by rail, motor vehicle, airplane or watercraft, when it is technically ensured that the source cannot be used or can generate non-ionizing radiation;
2) sources of non-ionizing radiation that are stored or that are used for sale or for other purposes in such a condition that it is not possible to put them into operation or to use them in a way that would represent a potential danger.
Article 8
Economic company, enterprise, other legal entity and entrepreneur that use sources of non-ionizing radiation of special interest are obliged to keep records of these sources and to designate the person responsible for the application of protection against non-ionizing radiation.
Records on sources of non-ionizing radiation of special interest contain, in particular, data on: name, purpose and type of device, frequency, power and mode of operation.
The minister prescribes the detailed content of the records from paragraph 2 of this article.
Article 9
Economic company, company, other legal entity and entrepreneur that use prescribed sources of non-ionizing radiation of special interest are obliged to ensure the examination of their radiation level in the environment.
The first examination of source radiation from paragraph 1 of this article is required to be provided by a business company, enterprise, other legal entity and entrepreneur before starting to use the source or when increasing the number of sources, i.e. when changing the conditions of using the source or reconstructing the facility with sources of non-ionizing radiation.
Periodic examination of the level of non-ionizing radiation of sources from paragraph 1 of this article is carried out in the prescribed period.
The costs of testing sources from paragraph 1 of this article shall be borne by the user of those sources.
The Minister prescribes the types of sources of non-ionizing radiation of special interest for which testing of the level of non-ionizing radiation is mandatory, as well as the period of their testing.
Article 10
An economic company, enterprise and other legal entity can perform testing of the radiation level of sources of non-ionizing radiation of special interest in the environment if it meets the requirements in terms of staff, equipment and space.
The fulfillment of the requirements from paragraph 1 of this article is determined by the decision of the minister, and for the territory of the autonomous province, the competent authority of the autonomous province.
A fee shall be paid for the issuance of the decision referred to in paragraph 2 of this article, in accordance with the law regulating the administrative fee.
The Minister prescribes more detailed requirements that must be met by the persons referred to in paragraph 1 of this article.
Authorization for testing the level of non-ionizing radiation sources from paragraph 2 of this article shall be revoked by the minister, i.e. the competent authority of the autonomous province, if it is subsequently established that a company, enterprise and other legal entity does not meet the prescribed conditions or if it is established that the decision was issued on the basis of untrue and inaccurate data.
The decision from para. 2. and 5. of this article is final.
Article 11
Economic company, company, other legal entity and entrepreneur that use sources of non-ionizing radiation of special interest are obliged to keep records and keep documentation on the performed tests of non-ionizing radiation sources from Article 9 of this law.
The public has the right to access information from paragraph 1 of this article, in accordance with the law.
Article 12
Economic company, company, other legal entity and entrepreneur, i.e. operator or operator, is obliged to inform the ministry immediately, and no later than within 24 hours, about the extraordinary event, and for the territory of the autonomous province, the competent authority of the autonomous province, i.e. the authority of the local self-government unit responsible for environmental protection.
The notice referred to in paragraph 1 of this article contains, in particular, information about the circumstances of the extraordinary event, place, time, immediate danger to human health and a brief description of the measures taken.
Article 13
In order to investigate the exposure to non-ionizing radiation in the environment, at the request of the ministry, that is, the competent body of the autonomous province, special measurements are made.
The costs of the measurements referred to in paragraph 1 of this article shall be borne by the ministry, i.e. the competent body of the autonomous province, except in the event that irregularities in the operation or exceeding the prescribed limit emission values are determined by the measurement, when the costs are paid by the owner of the radiation emitter.
IV. SUPERVISION
Article 14
Supervision of the implementation of the provisions of this law and regulations adopted on the basis of this law is carried out by the ministry.
Inspection supervision is carried out by the ministry through environmental protection inspectors within the scope established by this law.
The autonomous province is entrusted with the inspection of non-ionizing radiation sources on the territory of the autonomous province, in accordance with this law.
The local self-government unit is entrusted with the inspection of sources of non-ionizing radiation for which approval for construction and commencement of work is issued by the competent authority of the local self-government unit.
In carrying out inspection supervision, the environmental protection inspector has the right and duty to:
1) controls whether a company, enterprise, other legal entity and entrepreneur meet the prescribed conditions for the use of sources of non-ionizing radiation of special interest;
2) controls whether persons from Art. 8 and 11 of this law keep prescribed records;
3) controls whether the persons referred to in Article 9 of this law are provided with radiation testing of sources of non-ionizing radiation in the environment;
4) checks whether the legal entities that carry out systematic testing of the level of non-ionizing radiation in the environment meet the prescribed conditions;
5) checks whether legal entities that perform testing of radiation levels of sources of non-ionizing radiation of special interest in the environment meet the prescribed conditions;
6) checks whether a business company, company, other legal entity, entrepreneur, operator or handler has notified the ministry about an extraordinary event within the deadline, and for the territory of the autonomous province, the competent authority of the autonomous province, i.e. the authority of the local self-government unit responsible for environmental protection;
7) controls whether protection measures against non-ionizing radiation are implemented.
Article 15
In carrying out the tasks referred to in Article 14 of this law, the environmental protection inspector is authorized to:
1) orders the removal of established deficiencies and the fulfillment of prescribed conditions to persons who use sources of non-ionizing radiation of special interest within the period determined by him;
2) ban the work of persons who use sources of non-ionizing radiation of special interest if the identified deficiencies have not been eliminated within a certain period;
3) order the keeping of records from Art. 8 and 11 of this law;
4) orders the fulfillment of the prescribed conditions for the performance of systematic examination of the level of non-ionizing radiation in the environment, as well as the examination of the radiation of sources of non-ionizing radiation of special interest in the environment;
5) order a systematic examination of the level of non-ionizing radiation in the environment in the prescribed manner;
6) order examination of the radiation level of sources of non-ionizing radiation of special interest in the environment in the prescribed manner;
7) order the implementation of other protection measures against non-ionizing radiation, in accordance with the law.
Article 16
Environmental protection inspectors must have an official ID card and a label when performing inspections.
The minister prescribes the form of official identification and the appearance and content of the mark.
V. JURISDICTION FOR RESOLVING THE COMPLAINT
Article 17
The environmental protection inspector makes a decision on the measures from Article 15 of this law.
The decision of the environmental protection inspector can be appealed to the minister within 15 days from the date of receipt of the decision.
An appeal against the decision of the environmental protection inspector does not postpone the execution of the decision.
The minister's decision on the appeal from paragraph 3 of this article is final.
VI. PENAL PROVISIONS
Article 18
A company, enterprise or other legal entity will be fined from 1,500,000 to 3,000,000 dinars for an economic offense if:
1) performs a systematic examination of the level of non-ionizing radiation in the environment, but does not meet the prescribed conditions or does not have an act on the fulfillment of those conditions (Article 5);
2) does not meet the prescribed conditions for the use of sources of non-ionizing radiation of special interest or if it uses sources of non-ionizing radiation of special interest before it received the act that the prescribed conditions are met (Article 6);
3) does not provide examination of the level of radiation of sources of non-ionizing radiation of special interest in the environment (Article 9);
4) performs an examination of the level of radiation of sources of non-ionizing radiation of special interest in the environment, and does not meet the prescribed conditions or does not have an act on the fulfillment of those conditions (Article 10);
5) fails to notify the ministry, the competent authority of the autonomous province, or the authority of the local self-government unit responsible for environmental protection within the prescribed period (Article 12).
The responsible person in the legal entity will also be fined from 100,000 to 200,000 dinars for the economic offense referred to in paragraph 1 of this article.
In addition to fines for economic offenses from paragraph 1, point. 1), 2), 3) and 4) of this article, a protective measure prohibiting the performance of a certain economic activity for a period of up to ten years may be imposed on a company, enterprise or other legal entity.
In addition to the fine for the economic offense referred to in paragraph 1 of this article, the responsible person in the legal entity may also be imposed a protective measure prohibiting the performance of certain duties for up to ten years.
Article 19
A commercial company, enterprise or other legal entity will be fined from 500,000 to 1,000,000 dinars for a misdemeanor if:
1) does not submit reports to the ministry, i.e. the competent body of the autonomous province, within the prescribed period on the results of systematic examination of the level of non-ionizing radiation in the environment (Article 5, paragraph 9);
2) does not keep prescribed records on sources of non-ionizing radiation of special interest and does not designate a person responsible for the application of protection measures against non-ionizing radiation (Article 8, paragraph 1);
3) does not keep records and does not keep documentation on the tests performed on the level of radiation of sources of non-ionizing radiation of special interest in the environment (Article 11, paragraph 1).
For the offense referred to in paragraph 1 of this article, the responsible person in a company, enterprise or other legal entity shall be fined from 25,000 to 50,000 dinars.
Article 20
An entrepreneur will be fined from 250,000 to 500,000 dinars for a misdemeanor if:
1) does not meet the prescribed conditions for the use of sources of non-ionizing radiation of special interest or if it uses sources of non-ionizing radiation of special interest before it received the act that the prescribed conditions are met (Article 6);
2) does not keep prescribed records on sources of non-ionizing radiation of special interest and does not designate a person responsible for the application of protection measures against non-ionizing radiation (Article 8, paragraph 1);
3) does not provide examination of the level of radiation of sources of non-ionizing radiation of special interest in the environment (Article 9);
4) does not keep records and does not keep documentation on the tests performed on the radiation level of sources of ionizing radiation of special interest in the environment (Article 11, paragraph 1);
5) fails to notify the ministry, the competent authority of the autonomous province, or the authority of the local self-government unit responsible for environmental protection within the prescribed period (Article 12).
In addition to the fine for the offense referred to in paragraph 1, item 1 of this article, the entrepreneur may also be imposed a protective measure prohibiting the performance of a specific activity for a period of up to three years.
VII. TRANSITIONAL AND FINAL PROVISIONS
Article 21
Regulations for the execution of this law will be issued by the minister within one year from the date of its entry into force.
Article 22
Economic company, enterprise, other legal entity and entrepreneur that use sources of non-ionizing radiation are obliged to harmonize their operations with the provisions of this law within three years from the date of its entry into force.
Article 23
This law enters into force on the eighth day after its publication in the "Official Gazette of the Republic of Serbia".
