核电厂核事故应急管理条例

国务院第124号令
（Promulgated by Decree No. 124 of the State Council of the People's Republic of China on August 4， 1993）
颁布日期：19930804 　实施日期：19930804 　颁布单位：国务院

Chapter I General Provisions

Article 1 The present regulations are enacted to strengthen the emergency management for nuclear accidents at nuclear power plants， and to control and mitigate harmfulness of nuclear accidents.

Article 2 The present regulations are applicable to the emergency management for nuclear accidents at nuclear power plants （hereafter referred to as the “nuclear accidents”） which are likely to cause or have caused release of radio active materials with significant radiological consequences.

Article 3 The orientational principles shall be implemented in the emergency management for nuclear accidents： Constant Vigilance， Versatile Compatibility， Unified Direction， Active Co-ordination， Public Safeguard and Environmental Protection.

Chapter II Emergency Organizations and Their Responsibilities

Article 4 The department assigned by the State Council is responsible for the nationwide emergency management for nuclear accidents.

Its main functions are：

1. to draw up the national policies for emergency management for nuclear accidents；

2. to uniformly co-ordinate emergency activities of departments concerned in the State Council， the Army and local governments；

3. to organize elabortion and implementation of the national emergency plan for nuclear accidents； to review and approve the off-site emergency plan；

4. to approve the initiation and termination of the off-site emergency condition at due time；

5. to make suggestions on implementing emergency response actions for nuclear accidents； and

6. to examine and approve communiques on nuclear accidents and international notifications， to work out the scheme for requesting international assistance.

If necessary， the nationwide emergency management for nuclear accidents shall be directed， organized and coordinated by the State Council.

Article 5 The department assigned by the people's government of the province， autonomous region or directly subordinate municipality， in whose area the nuclear power plants are located， shall be responsible for emergency management for nuclear accidents， occurring within its jurisdictional area.

Its main functions are：

1. to implement national emergency regulations and policies for nuclear accidents；

2. to organize elaboration of the off-site emergency plan and accomplish emergency preparedness；

3. to uniformly command off-site emergency responses of nuclear accident；

4. to organize assistance to emergency response of nuclear accident； and

5. to notify timely the nuclear accident situation to the people's government of neighbouring provinces， autonomous regions or directly subordinate municipalities.

If necessary， the government of the province， autonomous region or directly subordinate municipality should direct， organize and co-ordinate emergency management of nuclear accidents， occurring within its jurisdictional area.

Article 6 The main functions of the emergency organization of nuclear accidents of a nuclear power plant are：

1. to implement national emergency regulations and policies for nuclear accidents；

2. to elaborate on-site emergency plan of nuclear accident and accomplish emergency preparedness；

3. to determine the categories of emergency condition of the nuclear accident and implement the unified command of emergency responses in the plant；

4. to report timely the accident situation to the higher competent authority of the plant， the nuclear safety authority of the State Council and the department assigned by the provincial government and put forward recommendations about off-site emergency condition and relevant emergency protective measures； and

5. to support and co-ordinate the departments assigned by the people's government at the provincial level， dealing with the emergency management for nuclear accidents.

Article 7 The higher competent authority of the nuclear power plant takes the responsibility for leadership of nuclear accident emergency tasks of the plant.

The authorities of nuclear safety， environmental protection， public health and others concerned of the State Council should accomplish the relevant emergency tasks of nuclear accidents each according to their own responsibilities.

Article 8 As the important forces in emergency activities of nuclear accidents， the People's Liberation Army of China should provide effective support in emergency responses of nuclear accidents.

Chapter III Emergency Preparedness

Article 9 The on-site emergency organization of a nuclear power plant， the department assigned by the provincial people's government and the department assigned by the State Council should work out in advance the emergency plans for nuclear accidents， directing toward the nuclear accidents that may occur at the nuclear power plant.

The emergency plans include on-site emergency plan， off-site emergency plan， and national emergency plan. The emergency plans at different levels should be dovetailed and coordinated with each other.

Article 10 The on-site emergency plan will be worked out by the emergency organization of the nuclear power plant. After being reviewed by the higher competent authority of the nuclear power plant， the plan should be submitted to the nuclear safety authority of the State Council for assessment and the department assigned by the State Council for record.

Article 11 The off-site nuclear emergency plan will be elaborated under the organization of the department assigned by the people's government of the province in whose area the nuclear power plant is located and submitted to the department assigned by the State Council for review and approval.

Article 12 The national emergency plan will be elaborated under the organization of the department assigned by the State Council.

The relevant departments of the State Council and the General Department of the People's Liberation Army of China should elaborate their corresponding emergency procedures for nuclear accidents respectively， according to the national nuclear emergency plan， which shall be submitted to the department assigned by the State Council for record.

Article 13 The on-site and off-site nuclear emergency plans should include the following contents：

1. The elementary tasks of nuclear accident emergency；

2. The emergency organizations of nuclear accidents and their functions；

3. The range of plume emergency planning zone and ingestion emergency planning zone；

4. The intervention levels and the derived intervention levels；

5. The detailed implementing procedures of nuclear emergency preparedness and response；

6. Emergency facilities， equipments， apparatus， other related materials and goods； and

7. The items and measures for mutual co-ordination and assistance between the on-site emergency organization of the nuclear power plant and the department assigned by the provincial people's government as well as other relevant organizations.

Article 14 The requirements for nuclear accident emergency should be taken into consideration in siting and designing of a nuclear power plant.

The first fuel loading of a newly built nuclear power plant shall be conducted only after its on-site and off-site nuclear emergency plans have been reviewed and approved.

Article 15 The department assigned by the State Council， the department assigned by the provincial people's government， and the emergency organization of the nuclear power plant should maintain in their possession the necessary emergency facilities， equipments， and expeditional and reliable communication systems to inter link among themselves.

The emergency organizations of the nuclear power plant and the department assigned by the provincial people's government should maintain in their possession the radiation monitoring systems， protective equipments and materials， medicine and medical instruments， and other necessary materials and goods.

The facilities， equipments， communication systems， radiation monitoring systems， protective equipments and materials， medicine and medical instruments， etc. which are used for nuclear emergency should be maintained in good conditions.

Article 16 The nuclear power plant should give the staff special training in nuclear safety， radiation protection and nuclear accident emergency.

The department assigned by the provincial people's government should give universal education on nuclear safety， radiation protection and nuclear accident emergency to the public in the vicinity of the nuclear power plant， with assistance provided by the nuclear power plant.

Article 17 The emergency organization of the nuclear power plant and the department assigned by the provincial people's government should give their emergency personnel special training.

Article 18 The emergency organization of the nuclear power plant and the department assigned by the provincial people's government should organize and conduct emergency drills of different specialities and exercises of different scopes based on appropriate schedule.

On-site and off-site emergency exercises should be organized and conducted by the emergency organization of the nuclear power plant and the department assigned by the provincial people's government before the first fuel loading of the nuclear power plant.

Chapter IV Emergency Countermeasures and Emergency Protective Measures

Article 19 The nuclear emergency situation is categorized into the following four classes：

1. Emergency Standby： In case specific conditions or external events arise which may lead to endanger the safety of the nuclear power plant， appropriate plant personnel are placed on standby condition.

2. Plant Emergency： In case the accident consequences are only confined to a limited section of the plant， on-site personnel are activated and appropriate off-site emergency organization are notified according to the on-site emergency plan.

3. Site Emergency： In case the accident consequences spread over the site， the on-site personnel are activated and off-site department assigned by the provincial people's government is notified， some off-site emergency organizations may be activated to take emergency response actions.

4. Off-site Emergency： In case the accident consequences extend beyond the site boundary， the on-site and off-site emergency plans are to be executed.

Article 20 While the emergency condition “Emergency Standby” is declared at a nuclear power plant， the on-site emergency organization should promptly report the accident situation to the higher competent authority of the nuclear power plant and the national nuclear safety authority of the State Council and determine whether to report it to the department assigned by the provincial people's government according to the situation. In case of situation， where potential or actual release of radioactive materials occur， “Plant Emergency” or “Site Emergency” shall be declared timely， depending on the situation， and the on-site emergency organization should promptly report the accident situation to the higher competent authority of the nuclear power plant， the nuclear safety authority of the State Council and the department assigned by the provincial people's government. If the release of radioactive materials may or has extended beyond he site boundary， the on-site emergency organization should recommend timely the department assigned by the provincial people's government to declare “off-site emergency”， and take appropriate protective measures.

After receiving the report on accident situation from the on-site emergency organization of the nuclear power plant， the department assigned by the provincial people's government should promptly take appropriate emergency counter measures and emergency protective measures and report it to the department assigned by the State Council in time. Declaration of “Off-site Emergency” should be approved by the department assigned by the State Council. Under special urgent situation， the department assigned by the provincial people's government can declare “Off-site Emergency” in advance， but report to the department assigned by the State Council is needed forthwith.

Article 21 The on-site emergency organizations of nuclear power plant and the dependent assigned by provincial people's government should perform the prediction and assessment of the accident consequences and monitor radiological levels in the surrounding environment to provide a basis on which the emergency countermeasures and emergency protective measures can be taken.

Article 22 The department assigned by the provincial people's government should select and implement timely emergency protective measures such as sheltering， taking stable iodine， control of access， control of food and water supply， evacuation， relocation， decontamination of affected areas， etc.

Article 23 The department assigned by the provincial people's government should release the necessary information of the emergency situation to the local public during the period of the emergency response.

Article 24 All emergency organizations on the accident scene should implement effective dose surveillance. All emergency response personnel and other personnel on the scene should act under the supervision and guidance of radiation protection personnel to prevent over-exposure as much as possible.

Article 25 The emergency organization of the nuclear power plant and the department assigned by the provincial people's government should administer first aid， decontamination， transportation and medical treatment to exposed or contaminated people on the accident scene.

Article 26 When “Off-site Emergency” is declared， the department assigned by the State Council should dispatch timely appropriate personnel to the accident scene， to guide emergency response activities and put forward recommendations on sending rescue forces， if necessary.

Article 27 Area blockade can be enforced according to the requirement of emergency response. The decision on area blockade within the administrative region of a province， autonomous region and directly subordinate municipality should be made by the people's government of the province， autonomous region and directly subordinate municipality respectively. If the area blockade crosses the border of a province， autonomous region and directly subordinate municipality， as well as blockage of main lines of traffic or in the closure of the national boundary， the decision shall be made by the State Council.

De blocking of the area blockade should be declared by the authority which made the decision previously.

Article 28 The news about a nuclear accident shall be released by an agency authorized by the State Council.

Chapter V Termination of Emergency situation and Recovery Measures

Article 29 A recommendation on termination of “Off-site Emergency” shall be made by the department assigned by the provincial people's government in cooperation with the emergency organization of the nuclear power plant and reported to the department assigned by the State Council for approval， and then declared by the department assigned by the provincial people's government.

Article 30 The department assigned by the provincial people's government should take the effective recovery measures in accordance with the radioactive contamination levels on the affected areas.

Article 31 After the termination of emergency situation， the emergency organization of nuclear power plant should submit a detailed report concerning the accident to the department assigned by the State Council， the higher competent authority of the nuclear power plant， the nuclear safety authority of the State Council and the department assigned by the provincial people's government. The department assigned by the provincial people's government should submit a summary report on off-site emergency to the department assigned by the State Council.

Article 32 The restarting program of the nuclear power plant should be reviewed and approved according to the national relevant regulations， in case safety functions of the items important to nuclear safety do not meet the national nuclear safety standards as a result of the nuclear accident.

Chapter VI Funds and Guarantee of Material Resources

Article 33 The related departments of the State Council， the Army， the ideal people's government at different levels and nuclear power plant should make effectively utilize existing organizations， manpower， facilities and equipment etc. in nuclear accident emergency preparedness and make great efforts to utilize effectively the funds and material resources for nuclear accident emergency preparedness， and coordinate together with the local and nuclear power plant's development programmes taking into consideration of nuclear accident emergency preparedness. All relevant organizations should provide assistance.

Article 34 The fund for on-site nuclear accident emergency preparedness will be borne by nuclear power plant， and it be will listed in the capital expenditure budget and operation cost of the nuclear power plant.

The fund for off-site nuclear accident emergency preparedness will be borne by the nuclear power plant together with the local people's government. The amount of the fund will be examined and determined by the department assigned by the State Council in co-operation with other related departments. The percentage of fund to be borne by the nuclear power plant for off-site emergency is determined according to its capacity before operation and to its actual electricity generation after operation. These funds should be used for off-site nuclear accident emergency preparedness after overall balance by planning department of the State Council. The rest of the fund will be provided by the local people's government. The detailed rules shall be stipulated by the department assigned by the State Council in co-operation with the planning department and finance department of the State Council.

The fund for nuclear accident emergency preparedness of the related departments of the State Council and the Army shall be provided， taking into account full use of the existing conditions， in accordance with their duties and tasks in the nuclear accident emergency， the in adequate part of the funds shall be reported to their competent authorities through their own planning and finance channels.

Article 35 National and local departments of goods and material supplies as well as other related departments should ensure supply of necessary equipments and other materials for nuclear accident emergency preparedness and response.

Article 36 For the requirement of nuclear accident emergency response， the administrative agencies， who's implementing emergency response actions， have the right to commandeer the equipments， and other materials， which were not specially used for the purpose of emergency response originally.

The commandeered equipment or other materials should be registered and returned after use； if damaged， the loss will be compensated by the commandeering agencies.

Chapter VII Awards and Sanctions

Article 37 The units or individuals accomplishing one of the following exemplary conducts in the nuclear accident emergency activities will be commended or awarded by the competent authority or their affiliating organization.

1. to accomplish their nuclear accident emergency response tasks；

2. to have achieved prominent achievements in protecting the safeguard of the public and the properties of the State， the collective or citizen；

3. to make important suggestions on nuclear accident emergency preparedness and response， and the suggestions result in remarkable effectiveness；

4. to accomplish accurate and timely radiological measurements and prediction， and as a result， mitigating losses； or

5. to make other distinguished contributions.

Article 38 The affiliating organization or higher management authority will give disciplinary sanction to the responsible person for one of the following actions depending on the harm caused and the seriousness of the consequences： if it is in violation of rules of public laws， the public security organization will penalize him/her according to laws of public order management and punishment； if it is a criminal offense， the judicial organization will investigate and affix his/her criminal responsibility for the crime according to legislation.

1. not to work out nuclear accident emergency plan in accordance with relevant regulations， refuse to fulfill the obligations of nuclear accident emergency preparedness；

2. to neglect him/her duty and result in a nuclear accident；

3. not to report and notify the real situation of the nuclear accident in accordance with relevant regulations；

4. to refuse to implement the nuclear emergency plan， disobey orders and directions， or desert at the critical juncture of nuclear accident emergency response；

5. to steal， divert or graft funds or goods and materials used for nuclear accident emergency；

6. to hinder nuclear accident emergency personnel for implementing their legal duties or commit sabotage；

7. to spread rumors and disturb public order； or

8. to make other actions which jeopardize nuclear accident emergency work.

Chapter VIII Supplementary Articles

Article 39 The meanings of the following terms in the present regulations are：

1. Nuclear Accident Emergency

Emergency actions targeting at controlling or mitigating accident situation and mitigating accident consequences， which are different from normal order and working procedure.

2. Site

The area which is subjective to the plant management.

3. Emergency planning Zone

An area as singed around the nuclear power plant， over which nuclear emergency plans have been worked out， and emergency countermeasures and protective measures could be implemented.

4. Plume Emergency Panning Zone

The emergency planning zone directing toward plume exposure pathway.

5. Ingestion Emergency Planning Zone

The emergency planning zone directing toward exposures resulting from ingestion of radio contaminated food or water.

6. Intervention levels

The radiation dose levels predetermined for taking protective measures for the public under abnormal condition.

7. Derived Intervention Levels

The concentrations or levels of radioactive materials in the environmental medium that are derived from the intervention levels.

8. Emergency Protective Measures

Protective measures taken for controlling and reducing doses to workers and the public in a nuclear accident.

9. Items Important to Nuclear Safety

The buildings， structures， systems， components and facilities etc， which are important to the safety of the nuclear power plant.

Article 40 For the nuclear accident emergency management of nuclear facilities other than nuclear power plant， the relevant articles of present regulations can be consulted in accordance with the specific circumstances.

Article 41 For nuclear accident emergency that is likely to result or has resulted in trans boundary release of radioactive materials， in addition to present regulations， the international treaties that the People's Republic of China has concluded or taken part in should be implemented， except for the clauses that the People's Republic of China has stated to reserve.

Article 42 The present regulations come into force on the date of promulgation