Outcomes of Working Group 1 on Legal and Regulatory Framework

Working Group Approach More than 50 participants Focus on information exchange Sharing national experience and practices Identifying challenges related to the safety-security interface Systematic review of elements based on the provided Road Map Recommendations to the IAEA Due to time constrains was not possible to prepare this report in consultation with the members of the group

Legal Framework Challenges Opportunities/Practices Management of the interfaces between safety, security and Nuclear Material Accounting and Control (NMAC). Opportunities/Practices Depending of the complexity and size of the national programme this is being addressed by a single or separate regulatory bodies and other competent authorities. Cooperation and coordination among competent authorities including the regulatory body(ies) for fully utilizing their safety and security knowledge and expertise.

Definition of roles and responsibilities for safety and security Challenges To ensure that there will be no gaps or gray areas in addressing safety and security matters Opportunities/Practices Clear definition of the roles, responsibility and missions of the regulatory body, competent authorities and operators reflected at legislative level. Communication and coordination among these entities in fulfilling their roles and responsibilities.

Regulatory Approach Challenges Opportunities/Practices The proper identification of issues related to the safety and security interface should be robust regardless of the regulatory approach used (prescriptive or performance based) Opportunities/Practices Recognize that not always the same regulatory approach is used for addressing safety and security matters Methodologies and processes applicable to different regulatory approaches are being used to ensure the ultimate goal, that is - compliance with regulatory requirements

Regulatory framework/ Safety and security regulations and guides Challenges To ensure that the safety and security interfaces are dealt with in a coherent and consistent manner in the legislative and regulatory framework Opportunities/Practices Some countries use a common licensing process for safety and security matters, in other countries the processes are separate. Recommendation to the IAEA IAEA should continue its efforts to systematically address issues associated with the safety and security interface in its publications IAEA should provide further specific guidance for consideration of the safety and security interface in the regulatory framework.

Assessment/Licensing & Approvals Challenges Consideration of safety and security requirements in isolation could result in sub-optimal assessment /licensing processes Opportunities/Practices Comprehensive licensing review and assessment process, where safety and security aspects, including their interface are fully considered into the process. Modifications are assessed from both, safety and security points of view.

Regulatory Body/Enforcement Challenges Regulatory actions, including enforcement actions may adversely affect safety or security. Opportunities/Practices Safety and security implications are analysed jointly prior to undertaken enforcement actions (eg. Shielding requirements from safety and security points of view)

Consistency and Common Terminology Challenges Potential ambiguity created by the use the same term to address interface issues which may have different implications for safety and security can have an adverse impact on the regulatory process Inability to properly characterize interface issues when translating documents from English into other languages. Opportunities/Practices Use of terminology that clearly characterizes the safety and security implications associated to interface issues . Recommendation to the IAEA Clarify, as necessary, terms to avoid ambiguity in their interpretation including the definition of the safety and security interface. Work should proceed to further develop and align safety/security glossaries. Consideration given to eventual publication of a combined glossary. IAEA may consider the need for reviewing the safety and security fundamentals, with the involvement of all stakeholders.

OUTLOOK Results reported are considered work in progress and that needs to be continued by the IAEA in the frame of the safety and security programme The knowledge of the participants and their willingness to share their national experiences is to be noted with great appreciation The TM proved to be a valuable mechanism to capture and to use the international experience and the IAEA should consider periodically organizing this event. Thank you for your attention