Nuclear and Treaty Law Section Office of Legal Affairs Legal Framework for the Transport of Radioactive Material School for Drafting Regulations 15 December 2014 Abdelmadjid Cherf Senior Legal Officer Nuclear and Treaty Law Section Office of Legal Affairs

Nuclear Legal Framework International component National component

Incorporation of requirements of the IAEA Transport Regulations into the UN Recommendations on the Transport of Dangerous Goods (UN TDG). TDG regulations, applicable to the various modes of transport (air, sea, inland waters, road and rail) are published by international organisations with authority over the particular mode of transport.

The International Civil Aviation Organization (ICAO) publishes its TDG regulations as the Technical Instructions for the Safe Transport of Dangerous Goods by Air. The International Maritime Organization (IMO) publishes the International Maritime Dangerous Goods (IMDG) Code for the transport of dangerous goods by sea.

Nuclear Liability Conventions UNCLOS (Convention on the Law of the Sea) SOLAS ( Safety of Life at Sea) Convention(1914! ),1974 refers to the International Maritime Dangerous Goods (code) IMO-SUA Convention on the Suppression of Unlawful Acts against the safety of Maritime Navigation MARPOL, 1973/78 International Convention for the Prevention of Pollution from Ships Convention on the Prevention of Marine Pollution by Dumping of waste and Other Materials, London, 1972 Barcelona Convention, 1976 ( Mediterranean)

National Legal Hierarchy Constitution Primary Legislation Laws, Acts, Statutes Secondary Legislation Regulations – Decrees, Orders Guidance Documents Drafted by constituent assembly/government and adopted through referendum Prepared by the Government or the Parliament and adopted by the Parliament Prepared by the government or expert bodies such as regulatory body Issued by regulatory body

Legal Framework for Safety Laws/Acts/Statutes Form of the law: a unified comprehensive law or separate laws. Establish the general framework governing activities involving nuclear energy and ionizing radiations. Must be adapted to the nature and extent of the facilities and activities to be regulated. Establish the regulatory body with its functions and determine responsibilities. Regulations Provide details and explanations on how the law is implemented. Establish requirements with which all operators must comply. Such regulations shall provide a framework for more detailed conditions and requirements to be incorporated into individual authorizations. Should be closely linked to the law they are implementing and any other relevant laws ( environmental, health, labour, etc.). Should be adapted to the nature and extent of the facilities and activities to be regulated and commensurate to the magnitude and the nature of the risks in the country. Performance-oriented regulations vs. prescriptive regulations

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

Elements of a nuclear law Specific Provisions Nuclear facilities 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 Nuclear liability Sanctions Transitory and final provisions

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