ESARDA Working Group Training and Knowledge Management 1 Nuclear Material Subject to Safeguards G. Janssens-Maenhout ESARDA Course 23 - 27 March 2015:

Slides:

Advertisements

Similar presentations

WTO, Trade and Environment Division

Advertisements

Licensing Export Control in China --Experiences and Challenges Wang Daxue Department of Arms Control and Disarmament Ministry of Foreign Affairs, China.

EURATOM Euratom: A Regional model in Support of Global Non-proliferation ? GGP Workshop 'Assessing the Prospect of the Euratom Treaty Approach in the Middle.

Implications of the NPT on a Coordinated Approach to Triple S Dr M. S. Draper C.B.E. Past head – Non-Proliferation Policy UK Department of Energy and Climate.

In April 2004, the UN Security Council adopted United Nations Security Council Resolution 1540, establishing for the first time binding obligations on.

Nuclear Suppliers Group: Its Origins, Role, Structure and Activities

Pakistan Nuclear Regulatory Authority

International Safeguards VTC Lecture Series Building a Safeguards Facility Approach David H. Hanks SRNL Program Manager Safeguards Initiatives Global Security.

Session 3.1 Overview of the Additional Protocol

The Regulation of International Trade in Enriched Uranium in a New Build Era Maxine Symington.

Nuclear Nonproliferation

Oslo, 4 March 2005Managing Nuclear Material Stockpiles in the 21 st Century 1 Nuclear Material Security and Multilateral Agreements Stephan Klement Office.

2014 Moscow Nonproliferation Conference: Nuclear Energy, Disarmament, and Nonproliferation Concurrent Session 1 on: “The Conference on the Establishment.

International Atomic Energy Agency Course Objectives, Overview and Introduction Interregional Training Course on Technical Requirements to Fulfil National.

WORLD MEETING OF CUSTOMS LAW BRUSSELS 2013

IAEA International Atomic Energy Agency International Cooperation in Nuclear Security David Ek Office of Nuclear Security.

Technical Meeting on Evaluation Methodology for Nuclear Power Infrastructure Development December, 2008 Nuclear Safety in Infrastructure Building.

Foreign Obligations and Annual Inventories Jessica Norles Savannah River National Laboratory.

The Nonproliferation Treaty. Atoms for Peace December 8, 1953 President Eisenhower spoke to the UN suggesting that peaceful uses of the atom be promoted.

Stephen Dembek, Section Chief Export Controls and International Organizations Section Office of International Programs Contact Info: ,

IAEA International Atomic Energy Agency Overview of legal framework Regional Workshop - School for Drafting Regulations 3-14 November 2014 Abdelmadjid.

Anita Nilsson Director, Office of Nuclear Security

Origins of International Safeguards Fred Wehling Center for Nonproliferation Studies Monterey Institute of International Studies Thanks to: NNSA NA-243.

School for drafting regulations Nuclear Safety Operation Vienna, 26 November -7 December 2012 Tea Bilic Zabric.

Seminar on Strengthening the Global Disarmament and Non-Proliferation Bali, 2 November 2006 Richard Ekwall Director, Department for Disarmament and Non-proliferation.

Proliferation weapons of mass destruction © 2014 wheresjenny.com Proliferation weapons of mass destruction.

International Atomic Energy Agency International Nuclear Security Axel Hagemann Office of Nuclear Security Department of Nuclear Safety and Security International.

EUROPEAN COMMISSION Infrastructure Development Bridging the National & International Levels: The Euratom Experience and expertise Sotiris Synetos, Euratom.

1 ESTABLISHMENT OF REQUIREMENTS Module “ Development of regulatory framework for oversight of decommissioning Project BG/04/B/F/PP , Program “Leonardo.

IAEA International Atomic Energy Agency School of Drafting Regulations – November 2014 Government and Regulatory Body Functions and Responsibilities IAEA.

1 Arms Trade Treaty (ATT) Ratification by Parliament PCD&MV 11 November 2014.

IAEA International Atomic Energy Agency Milestones in the development of a national infrastructure for nuclear power The Nuclear Security dimension Technical.

International Atomic Energy Agency School for Drafting Regulations on Radiation Safety RER/9/096 Vienna, 3 May, 2010 Adriana Nicic, Regulatory Activities.

JORDAN ATOMIC ENERGY COMMISSION (JAEC) Building of National Safeguards Capabilities in Jordan IAEA’s Technical Meeting/Workshop on National Infrastructure.

Milestones for Nuclear Power Infrastructure Development Establishment of A Regulatory Framework Gustavo Caruso, Section Head, Regulatory Activities Section.

The State Evaluation Process Therese Renis Section Head Division of Operations B Department of Safeguards 08 February 2007.

Binding and non-binding international instruments in-force for the Republic of Moldova International instrumentsSignature / InstrumentDeposit/In force.

Leading State Inspector Ivan Rovkach Department of Nuclear and Radiation Safety Ministry of Emergency Situations of the Republic of Belarus(GOSATOMNADZOR)

Office of Special Projects Issues arising from the Second Review Conference on Safety and Security at Chemical Plants and Relationships with CWC stakeholders.

Legislative Framework and international legal instruments A.Cherf Office of Legal Affairs International Atomic Energy Agency Vienna, 5-9 Nov 2007.

EU-Thailand Cooperation in Export Control Catch-all controls Ms. Carmen Kovac, M.Sc., Slovenia

Overview of Strategic Trade Control (STC) Concepts and Issues Jay P. Nash Research Fellow, Center for Policy Research (CPR) University at Albany, State.

Technical Division Overview: Nonproliferation & Arms Control Mission To promote and advance the research, development and application of effective technologies.

EU-Thailand Cooperation in Export Control Additional Controls.

IAEA International Atomic Energy Agency IAEA Safety Standards and Public Exposure to Radon Trevor Boal Radiation Protection Unit - NSRW.

1 CALIN-RADU ANCUTA Export Controls Department - ANCEX MINISTRY OF FOREIGN AFFAIRS ROMANIA Romania Nuclear Power Sector Reverse Trade Mission (RTM) USA,

1 Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006 POLAND’S EXPERIENCES INDUSTRY OUTREACH and PERSONNEL TRAINING JACEK.

International Atomic Energy Agency Workshop on Topical Issues on Infrastructure Development: Managing the Development of a National Infrastructure for.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign and Security Policy.

1 Sixth ROK-UN Conference on Disarmament and Non-Proliferation Issues 3-5 December 2007 CONTROLLING SENSITIVE NUCLEAR FUEL CYCLE ACTIVITIES Mr Jeff Robinson,

Thailand’s Experience in Plans for Implementing UNSCR 1540 ARF Workshop on UNSCR 1540 Implementation February 13-15, 2007 San Francisco.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 1 –Free movement of goods Bilateral.

European Radiation Protection K. SCHNUER 4th ISOE European Workshop on Occupational Exposure Management at Nuclear Power Plants Lyon 24 to 26 March 2004.

LLNL-PRES This work was performed under the auspices of the U.S. Department of Energy by Lawrence Livermore National Laboratory under contract DE-AC52-07NA27344.

Export licensing of dual-use and military goods in the Russian Federation.

Nuclear Proliferation and Arms Control (Part 2)

Governmental, Legal and Regulatory Framework in Azerbaijan Republic

Nuclear and Treaty Law Section Office of Legal Affairs

Office of Legal Affairs

Nuclear (Non-)Proliferation

Abdulla Al Yammahi Specialist, Radiation Safety Inspection

PRESENTATION OF MONTENEGRO

A Fissile Materials Cut-off Treaty: french views

Nuclear and Treaty Law Section Office of Legal Affairs

Chemical substances self – classification issues Lithuanian approach

Safeguards Milestones

Submarines & Safeguards

2014 Moscow Nonproliferation Conference:

بسم الله الرحمن الرحيم Dr. Hany Sallam & Regulatory Activities

SAFEGUARDS CAPACITY BUILDING ARGENTINE EXPERIENCE

Presentation transcript:

ESARDA Working Group Training and Knowledge Management 1 Nuclear Material Subject to Safeguards G. Janssens-Maenhout ESARDA Course March 2015: “Nuclear Safeguards and Non Proliferation” Legal aspects

ESARDA Working Group Training and Knowledge Management 2 branches of nuclear law Safety Emergency response and management Radioactive Waste Management and Decommissioning Transportation Environmental Assessment and Protection Non-Proliferation and Safeguards Nuclear Security and Physical Protection Liability and Compensation Trade Control

ESARDA Working Group Training and Knowledge Management 3 Safeguards Security Safety

ESARDA Working Group Training and Knowledge Management History of nuclear fission

ESARDA Working Group Training and Knowledge Management 5 History of Nuclear Non-Proliferation From Einstein to Eisenhower

ESARDA Working Group Training and Knowledge Management 6 History of Nuclear Non-Proliferation From Einstein to Eisenhower

ESARDA Working Group Training and Knowledge Management 7 History of Nuclear Non-Proliferation Creation of the IAEA,

ESARDA Working Group Training and Knowledge Management 8 History of Nuclear Non-Proliferation Creation of the IAEA,

ESARDA Working Group Training and Knowledge Management 9 History of Nuclear Non-Proliferation The Treaty on the Non Proliferation of Nuclear Weapons 1970

ESARDA Working Group Training and Knowledge Management 10 History of Nuclear Non-Proliferation The Treaty on the Non Proliferation of Nuclear Weapons 1970

ESARDA Working Group Training and Knowledge Management 11 History of Nuclear Non-Proliferation

ESARDA Working Group Training and Knowledge Management 12 History of Nuclear Non-Proliferation Earlier Proliferation cases

ESARDA Working Group Training and Knowledge Management 13 History of Nuclear Non-Proliferation Earlier Proliferation cases

ESARDA Working Group Training and Knowledge Management 14 History of Nuclear Non-Proliferation Current Proliferation cases

ESARDA Working Group Training and Knowledge Management 15 History of Nuclear Non-Proliferation Current Proliferation cases

ESARDA Working Group Training and Knowledge Management 16 History of Nuclear Non-Proliferation Current Proliferation cases

ESARDA Working Group Training and Knowledge Management Focus on legal aspects of safeguards: Non Proliferation Treaty Safeguards agreements Additional Protocol Nuclear trade 17

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects : important legal steps

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 19 IAEA mandate The IAEA An independent inter- governmental organization Not part of the United Nations Unique relationship with the UN Security Council Has its own 140 Member States Created by the Statute of the IAEA Statute of IAEA authorizes Agency to establish and administer safeguards

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 20 IAEA safeguards

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 21 Sensitive points in fuel cycle

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 22 First safeguards agreements

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects : towards comprehensive safeguards system

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects : towards comprehensive safeguards system NPT Nuclear Weapon States (NWSs): Not to provide nuclear weapons or nuclear explosive devices to NNWSs(Art. I) Non-Nuclear-Weapon States (NNWSs): Not to acquire nuclear weapons or other nuclear explosive devices (Art. II) Accept safeguards on all nuclear material (Art. III.1, 4) All States Parties: Export controls (Art. III.2) Pursue negotiations on nuclear disarmament Fundamental requirements: Comprehensive (or “full scope”) safeguards: Conclude agreement “in accordance with the Statute of the IAEA and the Agency’s safeguards system” Within 6 months of becoming party Controlson exportsto NNWSsof: Nuclear material Equipment and material “especially designed or prepared”(“EDP”) for the processing, use or production of special fissionable material – “single use”

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 25 The Structure and Content of Agreements between the Agency and States required in connection with the Treaty on the Non-Proliferation of Nuclear WeaponsINFCIRC/153 (Corr.) (April 1971) …to accept safeguards, in accordance with the terms of the Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territory of the State, under its jurisdiction or carried out under its control anywhere... INFCIRC/153, para 1 OBLIGATIONS: Establish a State system of accounting for & control of nuclear material (SSAC) Provide information to the Agency Facilitate access by Agency Cooperate with the Agency Information Initial report on nuclear material (par 34, 62) Initial list of all nuclear facilities (par 42, 106) Record keeping of nuclear activities (par 51-58) Report inventory changes (import, export) (par59-69) Access DIV -facility design information verification (par 48) Inspections (par 71-73)

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 26 The Structure and Content of Agreements between the Agency and States required in connection with the Treaty on the Non-Proliferation of Nuclear WeaponsINFCIRC/153 (Corr.) (April 1971) …to accept safeguards, in accordance with the terms of the Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territory of the State, under its jurisdiction or carried out under its control anywhere... INFCIRC/153, para 1 OBLIGATIONS: Establish a State system of accounting for & control of nuclear material (SSAC) Provide information to the Agency Facilitate access by Agency Cooperate with the Agency Information Initial report on nuclear material (par 34, 62) Initial list of all nuclear facilities (par 42, 106) Record keeping of nuclear activities (par 51-58) Report inventory changes (import, export) (par59-69) Access DIV -facility design information verification (par 48) Inspections (par 71-73)

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects : strengthening safeguards with the additional protocol

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 28 Assurances of Correctness and Completeness of a State’s Nuclear Material Declarations Measures under Safeguards Agreement Agency access to undeclared locations Early provision of facility design information Environmental sampling Use of satellite imagery Measures requiring additional authority Additional information Broader access Simplified inspector designation and visa requirements Model Additional Protocol INFCIRC/540 (May 1997)

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects 29 Why an Additional Protocol ? Need for increased security and safety of nuclear material, domestically and internationally, as demonstrated by recent events Improve State’s ability to control nuclear material and nuclear-related activities anywhere in the State Improve export controls and help prevent and counteract illicit trafficking Credible assurances of the peaceful nature of the State’s nuclear programme What is new with the Additional Protocol? Additional Information Initial declaration Annual updates Quarterly reporting of relevant exports Complementary Access Short notice (2/24 hours) Mechanism for prior consultations in the event of question or inconsistency Managed access to protect sensitive information Administrative Measures Simplified inspector designation Reduced visa requirements Complementary access

ESARDA Working Group Training and Knowledge Management Non-proliferation & nuclear safeguards: legal aspects : challenges in the last decade

ESARDA Working Group Training and Knowledge Management 31 Current challenges: Nuclear black markets–non-State actors Breakout–withdrawal from the NPT Disarmament slowdown–failure to fulfil obligations under Article VI of the NPT Non-proliferation & nuclear safeguards: legal aspects

ESARDA Working Group Training and Knowledge Management 32 Nuclear material and technology trade: legal aspects Multilateral non-proliferation regimes

ESARDA Working Group Training and Knowledge Management 33 Nuclear material and technology trade: legal aspects Multilateral non-proliferation regimes

ESARDA Working Group Training and Knowledge Management 34 Nuclear material and technology trade: legal aspects Multilateral non-proliferation regimes

ESARDA Working Group Training and Knowledge Management 35 Nuclear material and technology trade: legal aspects Multilateral non-proliferation regimes

ESARDA Working Group Training and Knowledge Management 36 Nuclear material and technology trade: legal aspects Multilateral non-proliferation regimes Principle : International free trade of goods and technologies Within the guidelines/under the conditions defined by WTO (GATT, GATTS, TRIPS) Exceptions: strictly defined, exceptional and ruled by international agreements Article XXI of GATT establishes five exceptions related to: - Information - UN embargoes -War and emergency - Arms and related items - Nuclear materials

ESARDA Working Group Training and Knowledge Management 37 Nuclear material and technology trade: legal aspects Guidelines for nuclear transfers and nuclear dual use transfers

ESARDA Working Group Training and Knowledge Management 38 Nuclear material and technology trade: legal aspects In EU 28 Council Regulation 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as amended by the Regulation 1232/2011 and 388/2012. Council Joint Action of 22 June 2000 (2000/0401/CFSP) concerning the control of technical assistance related to certain military end-uses Trade principles by EU/EC But authorisations by Member States The catch-all clause: Possibility for Member States to control not listed itmes: if there is risk that this item might be used in weapons of mass destruction program or if the exporter is aware that an item he intends to export

ESARDA Working Group Training and Knowledge Management 39 Rehearsal A.The IAEA is an independent UN organisation with special relationship to the UN SC. B.The NPT divides Member States in NWS and NNWS with different safeguards agreements. C.The AP was strengthening the NPT safeguards with regard to access and information but not with the unannounced inspections. D.The NPT became effective in 1970 when sufficient Parties signed the Treaty and was meanwhile signed up by more Parties, but faced also already the withdrawal of a Party. A.Nuclear trade control extends the nuclear material also with nuclear technology. B.In EU the EC sets the principles of trade control of items and is responsible for the authorisation of the export C.In EU the nuclear material procurement is subject to approval of the Euratom Fuel Supply Agency. D.In Belgium Synatom is the agency dealing with the fuel management, whereas Euratom is dealing with the safeguards of the fuel. Which expressions are incorrect ?

ESARDA Working Group Training and Knowledge Management 40 Rehearsal A.Not irradiated fuel is not radioactive. B.Reprocessing of spent fuel needs a highly automised chemical process with remote control. C.Fuel Enrichment is possible by chemical or physical processes (centrifuge, gas diffusion etc.) D.Enrichment of 1 ton fuel requires more energy than the reprocessing of 1 ton spent fuel. A.Each nuclear power plant is subject to safety, safeguards and security regulations B.The fuel in Belgium is state-property and under control of the EURATOM inspectorate. C.Enhancement of safety standards corresponds to an enhancement of safeguards standards. D.Safety of a nuclear power plant is under inspection of a national safety authority. Which expressions are incorrect ?