Governmental, Legal and Regulatory Framework in Azerbaijan Republic Aysel Hasanova, Akbar Guliyev, Emin Mansurov Regional Workshop - School for Drafting Regulations Vienna, Austria, November 2014 Vienna, Austria, November 2014 State Agency on Nuclear and Radiological Activity Regulation

Use of ionizing radiation in Azerbaijan  Oil industry  Industry  Geology  Construction  Medicine  Aviation  Scientific Research  Education

No. Radioactive source (Radionuclide) Name of the device with radioisotope Activity A/D based Category 1 Co-60 “Rokus AM” Gamma-therapeutic device 262 TBk I 2 Co-60 “TERAGAM” Gamma-therapeutic device 344 TBk I 3 Co-60 “TERABALT” Gamma-therapeutic device 340 TBk I Examples of radioactive sources used in Azerbaijan Practices and Activities associated to the use of ionizing radiation sources

Examples of radioactive sources used in Azerbaijan (cont.) No. Radioactive source (Radionuclide) Name of the device with radioisotope Activity A/D based Category 4 Se-75 “SCAR-959” Defectoscopy device 3,1 TBk II 5 İr-192 “Techops-660” Defectoscopy device 5,144 TBk II 6 İr-192 “Delta-880” Defectoscopy device 3,8 TBk II 7 Am-241/Be QBk II 8 Pu-238/Be QBk II Practices and Activities associated to the use of ionizing radiation sources (cont.)

Monitoring of transport operations Packages types - A and B 38 import, 16 export operations during 2013 According to the Law on Export control – inspections conducted by the State Agency on Nuclear and Radiological Activity Regulations (SANRAR) of the Ministry of Emergency Situations and Hygiene and Epidemiology Centre of Ministry of Health of Azerbaijan Republic

Legal and regulatory framework The legislative system of the Republic of Azerbaijan consists of the following laws:  On radiation safety of population No. 423-IQ ( )  On technical safety No IQ ( )  On sanitary and epidemiological well being No. 371 ( )  On ecological safety No. 677-IQ ( )  On protection of environment No IQ ( )  On export control No. 772-IIQ ( )  International multilateral and bilateral Agreements, Treaties, Conventions

Legal and regulatory framework Transport regulations: Regulations for the Safe Transport of Radioactive Material (TS-R-1) Azerbaijan ratified the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) Resolutions of Cabinet Ministers of Azerbaijan On ratification the rules of dangerous cargos transportation by sea transport No 75 ( ) On ratification the rules of dangerous cargos transportation by railway transport No 207( ) On approving the Regulations for automobile transportation of hazardous goods No 10 ( ) On ratification the rules of dangerous cargos transportation by air transport No 220 ( )

Legislative Framework The State Agency prepared: The State Agency prepared: The draft of the new Law on Nuclear and Radiological Safety of Azerbaijan Republic The draft of the new Law on Nuclear and Radiological Safety of Azerbaijan Republic The draft of National Nuclear and Radiological Emergency Response Plan (NREP) The draft of National Nuclear and Radiological Emergency Response Plan (NREP) State Program on improvement of Nuclear and Radiological Safety System of Azerbaijan Republic; State Program on improvement of Nuclear and Radiological Safety System of Azerbaijan Republic; Procedure (methodology) on Conducting Inspections; Procedure (methodology) on Conducting Inspections; The draft of Procedure on issuing Technical Conclusion to the radioactive materials which is subject to export/import control The draft of Procedure on issuing Technical Conclusion to the radioactive materials which is subject to export/import control Risk-based Oversight Regulations; Risk-based Oversight Regulations; Procedure of issuing special permission (license) to any legal or physical person intending to be engaged in any practical activity with ionizing radiation; Procedure of issuing special permission (license) to any legal or physical person intending to be engaged in any practical activity with ionizing radiation;

Regulatory Body  On 24 April 2008 President of Azerbaijan signed a Decree on establishment of a single nuclear and radiological regulatory authority - the State Agency on Nuclear and Radiological Activity Regulation (SANRAR), under the Ministry of Emergency Situations (MES), which gives the regulatory functions in considerable extent to the sole body Main functions of the SANRAR:  Development and improvement of the legislative framework (laws, regulations, guides etc.)  Licensing  Inspection  Enforcement  Review and assessment (safety & security)  Maintaining of inventory of radiation sources and facilities  Coordination of emergency response and preparedness

Licensing and Inspections  At present the MES (SANRAR) issues special permissions as state official documents for all activities associated with exposure to ionizing radiation  Presidential Decree No 758 “On application of the law of Azerbaijan Republic On Radiation Safety of Population” dated 19 August 1998 requires any legal or physical person intending to be engaged in any practical activities or to go in possession of any ionizing radiation source to submit to Regulatory body for issuing a Special Permission  The Rules for giving a Special Permission for radiological activities are defined by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic No 42 ( )  SANRAR carries out inspections to ensure compliance with safety and security requirements. Including import and export requirements in authorization processes and provisions for transport of radioactive material in regulatory requirements.

Enforcement  According to the legislation of the Azerbaijan Republic, the SANRAR has right to accomplish enforcement actions. 2 articles of the Code of Administrative Offences (article 77 and 107) in full, and part of the article can be used by the SANRAR to implement its sanctions  The Criminal Code of Azerbaijan Republic foresees criminal penalties for illicit trafficking of RM and NM, Illegal handling of RMs and NMs, theft and illegal obtaining of RMs etc.  SANRAR has right to provide the collected information and documentation to authorities of the executive power, if the violations should be considered in accordance with the Criminal Code of Azerbaijan

Import and Export of Radioactive materials  According to the Presidential Decree "On further liberalization of foreign trade in the Republic of Azerbaijan” No 609 ( ) and the Law of Azerbaijan Republic “On export control” No 230 ( ), nuclear materials, technologies, equipment and facilities, special non-nuclear material, radioactive sources, are subject of export control  Import, export and transit of radioactive materials and sources are realized based on the permissions issued by the Cabinet of Ministers after positive resolutions of the Ministry of Emergency Situations and Ministry of Health of the Republic of Azerbaijan  Information about all radioactive sources which come to the country have to be given to the SANRAR in 24 hours for further inspections

List of documents shall be presented to the SANRAR for positive conclusion on import/export 1. Application 2. Information on Technical Characterization of sources which are subject to import/export 3. A copy of the registration certificate of an applicant by the tax authorities; 4. The copy of contract for domestic use and purchase (sale) of sources (goods) which are subject to import/export 5. Certificate of origin with the results of leak test of sources (goods) which are subject to import/export 6. A copy of a special permission to use, storage and transportation of sources (goods) which are subject to import/export

Emergency planning and exercises In the framework of IAEA National TC Project AZB/9/006 “Supporting the Preparation of the National Radiological Emergency Plan (NREP)” has been developed the National Nuclear and Radiological Emergency Plan (NREP), which clearly outlines roles and responsibilities of all organizations involved in the preparedness and response phases of nuclear and radiological emergency In the framework of IAEA National TC Project AZB/9/006 “Supporting the Preparation of the National Radiological Emergency Plan (NREP)” has been developed the National Nuclear and Radiological Emergency Plan (NREP), which clearly outlines roles and responsibilities of all organizations involved in the preparedness and response phases of nuclear and radiological emergency This Response plan integrated with national emergency response plan. This Response plan integrated with national emergency response plan. Levels of Response

Emergency Response Plan All officially registered and newly identified locations with radiological activities, transport routes, non radiological locations and facilities with potential for source existence were assessed; All officially registered and newly identified locations with radiological activities, transport routes, non radiological locations and facilities with potential for source existence were assessed; Description of the bodies that may be involved in the response, description of the communication system used during an emergency was performed; Description of the bodies that may be involved in the response, description of the communication system used during an emergency was performed; Description of the resources of government agencies and other bodies that they can provide, pursuant to their obligations under the plan, as well as the terms on which these resources will be provided also was performed; Description of the resources of government agencies and other bodies that they can provide, pursuant to their obligations under the plan, as well as the terms on which these resources will be provided also was performed; International response through the implementation of obligations of international conventions was identified and following procedures will be prepared; International response through the implementation of obligations of international conventions was identified and following procedures will be prepared; Appropriate procedures to deal with the incoming calls reporting the radiological emergency Crisis Management Centre of MES and all other notification centers (e.g. operated by the Ministry of Interior Affairs) were developed. Appropriate procedures to deal with the incoming calls reporting the radiological emergency Crisis Management Centre of MES and all other notification centers (e.g. operated by the Ministry of Interior Affairs) were developed.

Emergency Response Plan Trainings In the framework of EU Twinning Project in October 2014, in Baku has been conducted the table exercise among 18 organizations which can be involved during nuclear and/or radiological emergency according to the Emergency Response Plan. In the framework of EU Twinning Project in October 2014, in Baku has been conducted the table exercise among 18 organizations which can be involved during nuclear and/or radiological emergency according to the Emergency Response Plan.

Strengthening of Radiation Safety Infrastructure Lack of basic standards and regulations for ensuring radiation safety and nuclear security is a main obstacle hindering establishment of appropriate state regulatory system in this area. The Preparation of basic radiation safety standards and regulations, which will empower actual implementation of the above presented documents. In this Workshop School for Drafting Regulations we would like drafting our national document on “basic standards and regulations for ensuring radiation safety and nuclear security”

THANK YOU FOR YOUR ATTENTION Regional Workshop School for Drafting Regulations Vienna, Austria, November 2014