Radiation Protection Act 2020 (StrSchG 2020)

Radiation Protection Act 2020 (StrSchG 2020)

For many years, radiation protection law was based on a version of the law from 1969, which has been amended several times over the decades. Due to the increasing complexity and more comprehensive provisions over the years, the implementation of Directive No 2013/59/Euratom (EUR-Lex) (was taken as an opportunity and a new start was made with the Federal Act on measures to protect against dangers arising from ionising radiation (Radiation Protection Act 2020 (StrSchG 2020)).

The Radiation Protection Act 2020 was drawn up with the involvement of the federal and provincial authorities concerned and numerous stakeholders. It was published on 18 June 2020 in Federal Law Gazette No 50/2020 and entered into force as of 1 August 2020.

The Radiation Protection Act 2020 is the central piece of legislation for protecting people and the environment from damage caused by ionising radiation In Austria.

The Federal Act on measures to protect against dangers arising from ionising radiation (Radiation Protection Act 2020 (StrSchG 2020)) was published on 18 June 2020 in Federal Law Gazette No 50/2020 and entered into force as of 1 August 2020. In conjunction with a series of ordinances, it forms the legal framework for activities involving radioactive substances and other radiation sources as well as for other situations in which people may be exposed to increased radiation. These provisions are based on international standards and European Union requirements.

In particular, the Radiation Protection Act 2020 serves to transpose the Directive No 2013/59/Euratom (EUR-Lex) laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation OJ No. L 13 of 17.1.2014 page 1, into Austrian law. This Directive lays down basic safety standards to protect the health of workers, the general public, patients and other persons from the dangers of ionising radiation.

Furthermore, the Radiation Protection Act 2020 and the associated ordinances transpose the following Directives into Austrian law:

• Directive No 2014/87/Euratom (EUR-Lex) amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations, OJ No L 219, 2.7.2009, page 42
• Directive No 2011/70/Euratom (EUR-Lex) establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste, OJ L 199, 2.8.2011, page 48
• Directive No 2009/71/Euratom (EUR-Lex) establishing a Community framework for the nuclear safety of nuclear installations, OJ No L 172, 25.7.2014, page 18
• Directive No 2006/117/Euratom (EUR-Lex) on the supervision and control of shipments of radioactive waste and spent fuel, OJ No L 337, 5.12.2006, page 21
• Directive No 2001/42/EC (EUR-Lex) on the assessment of the effects of certain plans and programmes on the environment, OJ L 197 of 21.7.2001, page 30

Objective: Protection of human health

In line with the aim of protecting human health from the dangers of ionising radiation, the Radiation Protection Act 2020 and the Ordinances based on it contain provisions regarding

• Application of radiation sources in medicine, industry and research,
• safe disposal of radioactive waste,
• nuclear safety in research reactors,
• protection of persons from hazards caused by the natural, radioactive noble gas radon,
• protection of flying personnel from cosmic radiation,
• official emergency preparedness and response in relation to radiological emergencies,
• official radioactivity monitoring of the environment, food and other goods and products, and
• protection of persons in the event of the discovery of radioactive materials (e.g. radioactive contaminated sites, contaminated metals or other contaminated goods).

Deviations from the old legal situation

The Radiation Protection Act 2020 contains the following significant changes and/or additions compared to the old legal situation:

• The Radiation Protection Act 2020 changed the radon protection of workers in areas with elevated radon concentrations. These areas have been defined in the Radon Protection Ordinance (more on radon) on the basis of an Austria-wide measurement campaign lasting several years.
• In the past, a distinction was made between the use of artificial radiation sources (referred to as "handling radiation sources") and activities in which natural radiation sources in work processes can lead to increased radiation exposure ("working with radiation sources"). The term "activity" replaced the term "handling" or "work" in the Radiation Protection Act 2020. The definition of activity in radiation protection law is very broad. In particular, the following are to be regarded as activities:
  • the operation of radiation generators and
  • the manufacture, production, processing, handling, disposal, use, storage and transport of radioactive materials, regardless of whether they contain artificial or natural radioactive substances.

However, activities that cause exposure to radon or cosmic radiation are not covered by the definition of an activity.

• Activities involving naturally occurring radioactive materials (e.g. fertiliser industry, cement industry, petroleum industry, industrial sandblasting) are usually subject to authorisation or notification requirements.
• Consumer products containing radioactive substances require an official marketing authorisation. Examples include luminescent materials, welding electrodes and special lamps.
• External workers are workers exposed to radiation. They carry out work in monitoring and control areas, whereby they are not employed by the licence holder who is responsible for the areas. A licence in accordance with Section 77 of the Radiation Protection Act 2020 is required for work by external workers. A radiation protection passport is only mandatory for external employees working abroad.
• Exposures (radiation exposure) of persons due to contaminated goods or radioactive contaminated sites are subject to official regulation. Examples of this are products made from contaminated steel or contaminated sites from the processing of radium and thorium at the beginning of the 20th century.