1. International Conference on the Challenges Faced by Technical and Scientific Support Organizations in Enhancing Nuclear Safety 23-27 April 2007.Aix-en-Provence, France IAEA Safety Standards and International legal Instruments A.Delgado CIEMAT, Avda Complutense 22, Madrid, Spain Role of TSOs in developing and establishing the IAEA Safety Standards and in facilitating the implementation of the international legal instruments: conventions and codes of conduct

2. IAEA Safety Standards and International Legal Instruments A.Delgado CIEMAT, Avda Complutense 22, Madrid, Spain Plan of the Presentation: Basic aspects IAEA Safety Standards International Adoption of the Safety Standards & Conventions and Codes of Conduct Role of TSOs in promoting SS and C&CC Possible ways to favour harmonization

3. The IAEA Safety Standards are considered the most comprehensive and consistent reference framework for the protection of the people and the environment from radiation risks. Safety Standards an excellent tool to promote an effective international cooperation in nuclear and radiation safety. Safety is inherently international. The IAEA Safety Standards The safety standards are published in the IAEA Safety Series. These documents provide with guidance ranging from the safety philosophy to the praxis, adequate for the practical implementation of the Safety Standards and their requirements

4. IAEA SAFETY STANDARDS for protecting people and the environment

5. Revision of the Safety Standards Started in 2004 First visible result: publication in November 2006 of the document : FUNDAMENTAL SAFETY PRINCIPLES (Safety Fundamentals SF-1) The new document presents a unified philosophy and conceptual basis for nuclear safety and radiation protection. The distinction traditionally made between nuclear safety and radiation protection is not found justifiable at the conceptual level, so proposing in the new document a set of common fundamental principles valid for every safety concerned area.

6. Responsibility of Safety Role of Government Leadership and Management for Safety Justification of Facilities and Activities Optimization of Protection Limitation of Risks to Individuals Protection of Present and Future Generations Prevention of Accidents Emergency Preparedness and Response Protective Actions to Reduce Existing or Unregulated Radiation Risks. The ten new safety principles The fundamental safety objective remains unchanged: to protect people (individually and collectively) and the environment from harmful effects of ionizing radiation. Some other standards under revision: Basic Safety Standards for Protection against Ionizing Radiation, in part by the very recent publication, of the new 2007 ICRP recommendations.

7. International Adoption of the IAEA Safety Standards Favoured by:  Technical excellence and completeness  Ample consensus in the preparation and approval of the documents  Broad acceptance and sponsorship from other international organizations

8. International legal Instruments: Conventions International cooperation in safety related matters is favoured by the existence of International Conventions, promoted by the IAEA, legally binding the signatory States. The Safety Standards are very useful tools for the contracting parties helping in the implementation of the convention requirements and to demonstrate the fulfilment of the voluntarily accepted obligations and duties. IAEA Conventions The Convention of Nuclear Safety The Convention of Early Notification of a Nuclear Accident The Convention of Assistance in the Case of a Nuclear Accident or Radiological Emergency The Joint Convention the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

9. The Code of Conduct on the Safety and Security of Radioactive Sources and Supplementary Guidance on the Import and Export of Radioactive Sources. The Code of Conduct on the safety of Research Reactors The Code of Practice on the International Transboundary Movement of Radioactive Wastes. Conclusion: The ample consensus in the preparation of the Safety Standards Their technical excellence, The explicit support given by international organizations, and The adhesion to Conventions and Codes of Conduct: favour the adoption of the Safety Standards by the States improving the consistency of the national arrangements facilitating international cooperation in nuclear and radiation safety In addition there are a few Codes of Conduct or Codes of Practice, also legal instruments for promoting international collaboration but of non-binding nature. The Safety Standards also support the application of the Codes. International legal Instruments: Codes of Conduct

10. Role of TSOs in the implementation of the Safety Standards Formal adoption of the SS by the authorities of the Member States, is essential but not sufficient to guarantee their practical application. Practical implementation: active implication of the National Regulators (NRs) and of the Technical Supporting Organizations (TSOs) is fundamental. They are main actors for the establishment of safety procedures at national level. Important to note: IAEA cannot impose Safety Standards to the Member States. Safety regulation is essentially a national responsibility. Member States may adopt them but voluntarily. Exception: IAEA assistance agreements. Conventions, legally binding, but mainly “incentive” not implying control and sanctions. (Convention on Nuclear Safety). Disputes should be settled by agreement among the parties/with reference to the International Court of Justice. In addition to governmental adhesion, for the practical application of the safety requirements the commitment of regulators and supporting laboratories is essential.

11. Problems for the implementation of the safety standards come from limited resources and infrastructure available. Very different situations among the different Sates. The degree of implementation of the safety requirements strongly vary among countries This is so even for States signatory of conventions or adherents to codes of conduct, in principle subscribing and adopting the Safety Standards. IAEA develops important assistance activities to favour the implementation of the Safety Standards Priority and specific attention should be devoted to improve the capabilities of the technical supporting laboratories, where they exists, or promoting the creation of reference laboratories that could play the role of TSO in future. Essential for the real implementation of the safety standards and the adequate fulfilment of the obligations associated to Conventions and Codes of Conduct. Role of TSOs in the implementation of the Safety Standards

12. International harmonization activities for TSOs Possible line to improve the application of the safety standards: Increase the international cooperation among TSOs to favour technical harmonization. Specific harmonization activities for TSOs, on specific safety related sectors, planned identifying affordable target objectives for specific periods of time, may attenuate differences among different countries. The harmonisation activities should be organized regionally. This proposal is suggested after the reasonably good experience had in CIEMAT by our participation in the EURADOS Harmonization Working Group, in the field of personal dosimetry for external radiation. To be noted that although the IAEA is not formally represented in the WG, experts from the Agency have participated in the WG meetings and coordinated a intercomparison organised within this EURADOS WG.

13. Lessons learned in the EURADOS Harmonization WG Rather strong differences among the different national situations respect to individual dosimetry could be appreciated at the beginning of the WG activities. Some of these differences have now been eliminated or at least smoothed, particularly those related to technical aspects (quantities, calibration procedures) Differences pertaining to more administrative matters remain much as they were initially (authorization regime, accreditation…) A positive aspect: the people responsible of the most important dosimetry services have been working together. This permitted to appreciate the weaknesses and the merits of the respective national situations, favouring bilateral or multilateral projects in addition to the common WG activities. Also interesting is to appreciate that there is not a unique solution to complex technical problems: harmonization is not synonymous of uniformity and there are different ways to reach competent and compatible solutions. EU can be seen as a comparatively homogeneous group of nations, but…..

14. IAEA Safety Standards and International legal Instruments A. Delgado CIEMAT, Avda Complutense 22, Madrid, Spain Summary:  IAEA Safety Standards excellent tool for promoting international cooperation in safety related matters  Conventions and Codes of Conduct are also requires the adoption of the Safety Standards  Official adoption of the Safety Standards does not guarantee their practical implementation  National Regulators and Technical Supporting Organizations are the main actors and their commitment is necessary  Specific technical assistance activities for TSOs are convenient: Harmonization activities identifying affordable target objectives

15. Thanks for the attention International Conference on the Challenges Faced by Technical and Scientific Support Organizations in Enhancing Nuclear Safety 23-27 April 2007.Aix-en-Provence, France