IAEA RER/9/111: Establishing a Sustainable National Regulatory Infrastructure for Nuclear and Radiation Safety Regional Workshop on Drafting Regulations on Radiation Safety IAEA Workshop on Drafting Regulations, 3 Nov-14 Nov 2014 (TAJIKISTAN) Page 1 Nuclear and Radiation Safety Agency TAJIKISTAN

Status of the legislative and regulatory framework for nuclear, waste and radiation safety The governmental and legislative framework for radiation safety and the security of sources in Tajikistan is provided primarily through three main laws: Law on Radiation Safety (Law 42), issued 1 August 2003 Law on Use of Atomic Energy (Law 69), issued 9 December Law on Radioactive Waste Management (Law 1002), issued on 22 July The following laws have a direct impact on radiation safety and source security in the Republic of Tajikistan as follows: Law on Licensing of Specific Types of Activities (Law 37) issued 17 May 2004, (amended in 2009) Law on Control of Economic Entities' Activities in the Republic of Tajikistan (Law 194) amended on 28 July IAEA, Vienna, November 20132

In addition, other laws contain provisions relevant to radiation safety in Tajikistan: Law on Safety of Transportation (Law 847) issued on 3 July 2012 Law on the Protection of the Environment (Law 760) issued 2 August 2011 Law on Civil Defence (Law 6) issued 28 February 2004 Law on Protection of the Public and Territories from Emergency Situations of Natural and Man-made Radiation (Law 53) issued 15 July 2004 Law on Emergency Rescue Services, Emergency Rescue Forces and Status of Rescuers (Law 83) issued 1 March IAEA, Vienna, November 20133

Status of the legislative and regulatory framework for nuclear, waste and radiation safety A set of governmental decrees has been developed to implement the above-mentioned laws. This set comprises: Decree of the Government of Tajikistan (No. 482), adopted 3 December 2004, making provision for State regulation in the area of radiation safety. Decree of the Government of Tajikistan (No. 172), revised 3 April 2007 (amended in 2009), making provision for licensing of specific types of activities. Decree of the Government of Tajikistan (No. 471), adopted 2 December 2005, making provision for the inter-agency Council on Radiation Safety. Decree of the Government of Tajikistan (No. 479), adopted 27 November 1999, on the relevant responsibilities of the Ministry of Emergency Situations and Civil Defence of the Republic of Tajikistan. Decree of the Government of the Republic of Tajikistan (No. 770) adopted 29 December 2012 on National program for emergency preparedness and response for yy. compiled in accordance with IAEA document GS-R part 2 “Preparedness and Response for a Nuclear or Radiological Emergency Safety Requirements” Decree of the Government of the Republic of Tajikistan on order of organization State system of accounting for and control nuclear materials and radiation sources (No.449), adopted 4 October 2013 Norms on radiation safety (NRS-06) SP (No. 237)- registered in the Ministry of Justice from 16 January 2007 (New draft in accordance with IAEA GSR Part 1 and 3 is prepared). Rules on radioactive waste management (No. 608), registered in the Ministry of Justice from 11 April 2011; IAEA, Vienna, November 20134

Rules of ensuring the radiation safety (PORB-08) (No. 402)- registered in the Ministry of Justice from 18 June 2008 Rules on carrying out inspections of economic entities' activities in the Republic of Tajikistan by Nuclear and Radiation Safety Agency (No. 529) - registered in the Ministry of Justice from 19 June 2009 Safety rules during transportation of radioactive materials (No. 599) - registered in the Ministry of Justice from 26 January 2011 Categorization of ionizing radiation sources and rules of their determination (No. 602) - registered in the Ministry of Justice from 09 February 2011; Hygienic requirements to facilities and operation of X-ray rooms, apparatus and carrying out X-ray examinations (No. 257) - registered in the Ministry of Justice from 16 April 2007 Requirements for carrying out quality control in medical X-ray diagnostics (No. 573), registered in the Ministry of Justice from 23 April 2010 Requirements for ensuring radiation safety during collection (blank) of scrap metal and wastes of ferrous and nonferrous metals (No.613) - registered in the Ministry of Justice from 17 June 2011 Requirements for ensuring the physical protection of facilities and storages with radioactive sources and wastes (No. 601) - registered in the Ministry of Justice from 09 February 2011 Regulation №393 on NRSA AS RT Licensing Commission “On Licensing separate kinds of activities in the field of ionizing radiation sources” registered in the Ministry of Justice on (changed to №393a from ) Regulation №475 on NRSA AS RT Licensing Commission “On licensing activities, works, and services in the field of atomic energy use” registered in the Ministry of Justice on Internal document №12-1 “On order of registration, drawing up, review of applications and documents set submitted for getting a license for kinds of activities related to ionizing radiation sources and radioactive substances in Nuclear and Radiation Safety Agency, Academy of Sciences of the Republic of Tajikistan ”. Checklists (No. 457) - registered in the Ministry of Justice from 26 November 2008: Checklist forces or inspection of installations with X-ray radiological and for - CT Checklist for inspection of installations with RT (radiation sources, brachytherapy, X-ray RT) Checklist for inspection in nuclear medicine (radiopharmaceuticals) Checklist for inspection in industrial facilities Checklist for inspection of industrial radiography and devices with radionuclides Checklist for inspection of in the fields of research and wastes 5

Drafts of regulatory requirements pending approval and issuance: RT Law on radiation safety (amendments) RT Governmental Decree: “Regulation on licensing specifics of separate kinds of activities” (amendments related to radioactive waste management). RT Governmental Decree on state regulation in the field of ensuring radiation safety (amendments) Norms on radiation safety drafted in accordance with IAEA GSR Part 1 and 3 Requirements on ensuring radiation safety in radiotherapy Requirements on ensuring radiation safety in educational and training practices Requirements on ensuring radiation safety in industrial applications IAEA, Vienna, November 20136

Regulatory requirements pending approval and issuance: 1) RT Governmental Decree on National strategy for remediation of legacy sites 2) RT Governmental Decree on State Authorized Body for legacy sites remediation 3) RT Governmental Decree on State Cadastre of RW storages 4) State Cadastre on RW storages itself 5) Registration Card for storages of RW temporary storage IAEA, Vienna, November 20137

Participation in previous Schools of Drafting Regulations and subsequent progress in drafting or revising national regulations on radiation, waste and nuclear safety. Tajikistan delegation participated in two “Schools for Drafting Regulations” conducted: 2-27 May November – 7 December 2012 While participating in those schools new drafts of “Norms on radiation safety” based on newly issued GSR Part 1 and 3 as well as “Requirements on Ensuring Radiation Safety in Radiotherapy” were drafted. Additionally after return documents marked with green above were elaborated, approved and issued and currently in force. IAEA, Vienna, November 20138

Participation in previous Schools of Drafting Regulations and subsequent progress in drafting or revising national regulations on radiation, waste and nuclear safety. Regulations were fully developed in compliance with recently published IAEA GSR Part 1 and 3, and checked against their compliance with current legislation in the country, it was discovered that those regulations contradicts a lot the existing Law 42 since it was developed in Thus, NRSA’s director decision was taken on full revision of Law 42 in order to make it in full compliance with IAEA standards. Law 42 was fully revised and officially submitted to IAEA Office of Legal Affairs (OLA) for their comments and proposals. On 31 October 2014, comments and proposals were received from OLA. Now we will try to incorporate those to the Law and negotiate it with relevant ministries and authorities with further submission to the Parliament for Approval. Once the Law will be promulgated, NRSA will approve elaborated regulations drafted during the “Schools for Drafting Regulations” since has such a power in accordance with Article 6, Law 42. IAEA, Vienna, November 20139

Significant issues encountered in reviewing, updating and approving regulations. Significant issues affecting our progress in issuing the regulation addressed during previous Schools is their incompliance with current Law 42. It is necessary to amend the Law 42 to include general statements about provisions outlined in regulations. Once general statements will be in the Law – it will be the basis for development of detailed provisions through regulations which are already drafted and ready to be issued. IAEA, Vienna, November

Feedback and lessons learned regarding conduct of past schools, including your country’s achievements arising from participation. Our experience from past Schools of Drafting Regulations was one of the positives since it gave us a pathway to follow in the future. Once realized that elaborated, during School, regulations are contradicts the current basic Law 42 – we initiated a process of amending our legislation to make it fully compatible with the recent IAEA standards. Tajikistan benefitted from participation in the past Schools by new ideas which came into our regulatory lives. Ideas were implemented in the country by approving and issuance a number of regulatory requirements in 2012 and approval and promulgating a new Law on Radioactive Waste Management in IAEA, Vienna, November