1. Nuclear and Treaty Law Section Office of Legal Affairs
Overview of legal framework Regional Workshop - School for Drafting Regulations November 2014
Abdelmadjid Cherf
Senior Legal Officer
Nuclear and Treaty Law Section Office of Legal Affairs

2. Nuclear Legal Framework
International component
National component

3. National Legal Hierarchy
Constitution
Primary Legislation
Laws, Acts, Statutes
Secondary Legislation
Regulations – Decrees, Orders
Guidance Documents
Drafted by constituent assembly/government and adopted through referendum
Prepared by the Government or the Parliament and adopted by the Parliament
Prepared by the government or expert bodies such as regulatory body
Issued by regulatory body

4. National Policy for Safety
Drafted by the Parliament or the Government,
Should reflect the understanding of the Government of the need to give full consideration to safety when using nuclear technologies,
Objective: Establish the appropriate safety infrastructure,
Describes the national options as regards nuclear and radiation safety
Reflects national priorities,
Contains background information on the national circumstances, the existing and planned programmes, human and financial resources,
Takes into account societal aspects, and also the international instruments to which the State is a party,
Includes the Fundamental Safety Principles ( prime responsibility for safety, protection of people and the environment, present and future, prevention of accidents, establishment of an independent regulatory body, etc.)
It shall be implemented according to a graded approach to ensure that the activities involving nuclear energy or ionizing radiation receive appropriate attention by the Government or by the regulatory body.
Provides for the international cooperation.

5. National Strategy for Safety
Sets out the mechanisms to implement the National Policy for Safety,
Shall establish a comprehensive set of legal, technical and administrative arrangements to ensure that all facilities and activities are under control,
Shall define the regulatory approach.

6. Legal Framework for Safety
Laws/Acts/Statutes
Form of the law: a unified comprehensive law or separate laws.
Establish the general framework governing activities involving nuclear energy and ionizing radiations.
Must be adapted to the nature and extent of the facilities and activities to be regulated.
Establish the regulatory body with its functions and determine responsibilities.
Regulations
Provide details and explanations on how the law is implemented.
Establish requirements with which all operators must comply. Such regulations shall provide a framework for more detailed conditions and requirements to be incorporated into individual authorizations.
Should be closely linked to the law they are implementing and any other relevant laws ( environmental, health, labour, etc.).
Should be adapted to the nature and extent of the facilities and activities to be regulated and commensurate to the magnitude and the nature of the risks in the country.
Performance-oriented regulations vs. prescriptive regulations

7. Legislative Process Drafting Team (legal and technical experts).
Clear understanding of relevant issues to be addressed in the law and regulations.
Assessment of current and future nuclear applications programs and plans.
Assessment of laws and regulatory arrangements.
Initial draft.
Stakeholder’s input.
IAEA review of the draft.
First review of initial draft.
Further legislative consideration.
Adoption and promulgation of final text.

8. 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

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

10. 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

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

12. 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

13. 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

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

15. Elements of a nuclear law
Specific Provisions
Nuclear security, physical protection and illicit trafficking
Safeguards and import export controls
Nuclear liability

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

17. 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

18. General Structure of Regulations
Title and preamble
Determined by the scope and objectives and should reflect the content of the regulations.
Date / Reference number
Regulations may begin with a recitation of the considerations that have motivated their issuance called “preamble” or “exposé des motifs”. The preamble should reflect the basic content of the regulations and may help in interpreting and implementing them.
General provisions
- Link with the law that authorizes the regulatory body or the government Minister to issue regulations in a particular field

19. General Provisions of regulations
Objectives/Purpose of the regulations
Establish the requirements for the protection of people and the environment against the harmful effects of ionising radiations,
Establish the requirements to achieve and maintain a high level of safety and security of radiation sources.

20. General Structure of Regulations
The scope of application
Define to what field the regulations apply. It shall specify facilities, activities and materials that are covered by the scope of the regulations and what is excluded from the scope.
Identify the persons/entities responsible for applying the regulations.
Identify the persons /entities who must comply with the regulations.
Exemptions/Clearance.

21. General Provisions of Safety Regulations
Definitions
Include definitions of the terms used in the regulations / Ensure consistency of the definitions with relevant laws and international instruments, including standards.
Transitional and Final Provisions
Validity of existing licences.
Timeframe for the application of authorisations.
Entry into force
The date of entry into force shall be specified.
Postponement in complying with specific articles may be granted in certain specific cases.

22. Thank you for your attention