1. 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,

2. 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

3. Elements of a nuclear law
General Provisions
Objective
Scope
Prohibitions
Definitions

4. 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

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

6. 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

7. 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)

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

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

10. Elements of a nuclear law
Sanctions
Transitory and final provisions

11. 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

12. 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

13. 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

14. Thank you for your attention