1. RER/9/096 Regional Planning Meeting “Strengthening National Infrastructures for the Control of Radiation Sources” (TSA-1), (Phase II) Country: Azerbaijan Siyavush Azakov Nuclear and Radiological Activity Regulations State Agency of the Azerbaijan Republic 19-20 March 2009, IAEA, Vienna

2. Legislation, Regulations and Guidance occupational protection, public protection, medical exposure, radioactive waste, and the transport of radioactive materials. The legal and statutory framework in the field of radiation safety of the Republic of Azerbaijan i.e. laws, Presidential and Cabinet of Minister’s Decrees supplemented by regulations, standards, resolutions, provisions, norms, orders, guidance and other normative documents cover, in general, most of the essential elements and concepts of the regulatory regime. However there are still some inconsistencies to meet completely the IAEA Standards in previously issued norms and documents.

3. The Regulatory Body The present legislation system in Azerbaijan empowers 3 regulatory authorities to use the responsibilities as given to them by the government. Industrial Safety and Mining Supervision State Agency under the Ministry of Emergency Situations (GOSGORTECHNADZOR) is, according to the Law of the Republic of Azerbaijan “On radiation safety of population” is the regulatory body responsible for independent state safety supervision of transport, storage and use of radioactive materials and sources of ionising radiation as well as for all kind of activities in the area of nuclear safety in the country. Republican Centre for Hygiene and Epidemiology under the Ministry of Health (RCHE) is, according to the same Law, the responsible regulatory body for sanitary inspection and the regulatory control of ionizing radiation, sources and radiation installations in the country, including issue of Sanitary Passports.

4. The Regulatory Body Ministry for Ecology and Natural Resources has responsibility for developing and managing environmental protection programmes. The ministry has introduced a number of laws and regulations to safeguard Azerbaijan’s natural resources. In addition, a National Monitoring Service has been established that is responsible for monitoring of whole environment in Azerbaijan including radiation monitoring in water, air and on land. Nevertheless, the functions and responsibilities of these regulatory authorities are not clearly enough defined and currently there is a range of overlap and duplication in responsibilities of regulatory authorities in the authorization and inspection system for the use of ionising radiation sources and this system, as a whole, is not fully independent and its effectiveness could be clearly improved.

5. Regulatory Body Staffing and Training There are an insufficient number of qualified persons in all regulatory authorities to cover the responsibilities given to them by the government. The budgets of the 3 regulatory authorities are inadequate to their needs, functions and capabilities. This can significantly influence the capability of the authorities to fulfil their functions and responsibilities.

6. Notification - Authorization – Licensing - Inspections The system of authorization, inspection and enforcement functions is fragmented and in some extent, duplicated among three regulatory authorities. As a result, the regulatory control of radiation sources at the national level is not adequately effective and a centralized and complete inventory of sources is not completed. The occupational and medical radiation exposure control is insufficient and appears to be not fully in compliance with the national requirements.

7. Management System Information dissemination Public information system to inform the public, through its representatives and the media, about the radiation safety aspects of regulated practices, intervention situations and the regulatory process does not exist in the country. Quality Management There are still no quality assurance and quality control systems for the existing regulatory authorities

8. The new Agency On 24 April 2008 the President of Azerbaijan signed a decree on creation of an independent regulatory authority, Nuclear and Radiological Activity Regulations State Agency, under the Ministry of Emergency Situations (MES), which gives the regulatory function in considerable extent to the sole body. The practical implementation of the Agency is still in process. A few days ago its Statute was approved by the President of Azerbaijan and its structures was approved by the Minister of Emergency Situations but legislation of the Republic of Azerbaijan requires keeping the work under the old system until the newly created authority is operational and takes over its duties. The Statute of the Agency in significant extent reflects BSS requirements.

9. The new Agency (continued) The Agency has separate budget line in the MES year 2009 budget. The legislation of the Republic of Azerbaijan does not allow moving funds from approved budget line of one Department to another. This means that the financial independency of the Agency will be keeping. As it follows from the Agency’s Statute the main source of its financing is state budget but we hope that the Agency will be supported also by foreign partners and international organizations. In future the Agency will also earn funds for providing services.

10. The new Agency structure

11. The new Agency (continued) At present the new staffs of the Agency are hired and in the nearest future 19 persons will be working in it. These are specialists who previously worked at Institute of Radiation Problems of Azerbaijan National Academy of Sciences and Republic Centre for Hygiene and Epidemiology, etc. Among them 6 are physicists, 4 – physicians of radiation hygiene, 4- engineers, 3- lawyers, 2 -others. Majority of them participated in trainings organized by IAEA and NRC of the USA in previous years.

12. The new Agency (continued) We hope that to the end of 2009 the number of employees of the Agency will grow up to 40. The average age of the Agency employees at present is 35. The agency has its own staffing policy independent from the Ministry of Emergency Situation.

13. Plans The new Agency, as a single effectively independent regulatory body, will carry out its established regulatory responsibilities for all practices and activities, including medical facilities and predisposal and disposal of radioactive wastes. The existing legislation and regulations will be analysed and reviewed in order to complete and ensure sufficient stability for the legislative framework. This should contribute to clarify univocally the responsibilities, to avoid current and potential overlaps, duplications and misinterpretations, to improve the effectiveness of the system and to make it more consistent with international standards.

14. Plans The Agency will upgrade and maintain on an urgent basis a complete inventory of radiation sources. A national programme for radiation medical exposure control will be implemented gradually. This could launch through a specialized appraisal in this area to be provided by IAEA. Training plans for specialization and training of staff members of the Agency and other relevant institutions will be elaborated. National training courses on Radiation Safety will be arranged with the assistance of IAEA.

15. Plans The most recent IAEA and other international recommendations for practices and administrative arrangements related to licensing and inspections will be included into the training plans. The Agency will prepare an annual funding plan to cover its anticipated needs. We hope that the Government and the MES will provide the Agency with adequate financial and other resources (for staffing, staff training, buildings, facilities, equipment for inspection, use of consultants, licensing and inspection activities) to discharge its responsibilities and maintain its independence.

16. Plans Since quality management is one of the activities of the regulatory authority, it will be taken into account and being implemented by the new Agency There is an operational Public Relation Department in the Ministry of Emergency Situations, but it is planned that the Agency will be independent ensured by having its own independent public information system in place.

17. Thank you for your attention