Office of Legal Affairs Regional Workshop on the School for drafting Regulations Elements of a national comprehensive nuclear law Abdelmadjid Cherf Senior Legal Officer Office of Legal Affairs Vienna, 12-11-2012

Initial Legislative Drafting A important issue to address is the basic form of the law A “comprehensive” or “unified” form covers all aspects of nuclear energy in a State A “plural” form treats different subject matter areas in separate laws

Elements of a nuclear law General Provisions Objective Scope Prohibitions Definitions

Elements of a nuclear law The Regulatory Body Establishment of an independent regulatory body Functions of the regulatory body Human and financial resources Advisory bodies

Elements of a nuclear law Main Regulatory activities Notification Authorisation Inspection Enforcement and appeals against regulatory decisions Penalties

Elements of a nuclear law Specific Provisions Radiation protection principles Regulatory Control for Radiation Protection Primary Responsibility and Duties of the Authorized Person Occupational, medical and public exposures

Elements of a nuclear law Specific Provisions Safety and Security of Radioactive Sources Export and Import of Radioactive Sources Recovery of Orphan Sources Mining and milling activities Nuclear facilities (NPP, RR, others nuclear facilities)

Elements of a nuclear law Specific Provisions Spent Fuel and Radioactive waste management Decommissioning of facilities Transport of radioactive material Emergency preparedness and response

Elements of a nuclear law Specific Provisions Nuclear Security, physical protection and illicit trafficking Safeguards and Import export controls Civil liability for nuclear damage

Elements of a nuclear law Sanctions Transitory and final provisions

Legislative Process Drafting Team (legal and technical experts) Clear understanding of relevant issues to be addressed in the law Assessment of current and future nuclear programs and plans Assessment of laws and regulatory arrangements Initial draft Stakeholder’s input First review of initial draft Further legislative consideration Adoption and promulgation of final law

Assessment of Laws and Regulatory Framework Comprehensive review and analysis of the status of all laws and regulatory arrangements relevant to nuclear energy General environmental laws Power sector regulation Taxation, liability, fees, monetary penalties, electricity rate-making, incentives Foreign investment regulation, etc.) Worker health and safety laws Labour regulation Civil and criminal enforcement Planning and land use Public procurement law International trade and customs Capital transfer and foreign currency control International cooperation Scientific research and development Intellectual property regulation These subjects are only examples of subjects to be examined

Input from Stakeholders Legislative development requires a clear perspective on how new or revised laws or regulatory arrangements could impact interested persons or institutions (called “stakeholders”) Typical stakeholders include: the regulated industry; government agencies; professionals using nuclear techniques or materials; academic and scientific bodies; press and media; the public Involving stakeholders early and at each stage of the legislative process can avoid problems and improve the final legislative result

Thank you for your attention