1. Nuclear and Treaty Law Section Office of Legal Affairs
Legal Framework for the Transport of Radioactive Material School for Drafting Regulations 15 December 2014
Abdelmadjid Cherf
Senior Legal Officer
Nuclear and Treaty Law Section Office of Legal Affairs

2. Nuclear Legal Framework
International component
National component

3. Incorporation of requirements of the IAEA Transport Regulations into the UN Recommendations on the Transport of Dangerous Goods (UN TDG).
TDG regulations, applicable to the various modes of transport (air, sea, inland waters, road and rail) are published by international organisations with authority over the particular mode of transport.

4. The International Civil Aviation Organization (ICAO) publishes its TDG regulations as the Technical Instructions for the Safe Transport of Dangerous Goods by Air.
The International Maritime Organization (IMO) publishes the International Maritime Dangerous Goods (IMDG) Code for the transport of dangerous goods by sea.

7. Nuclear Liability Conventions
UNCLOS (Convention on the Law of the Sea)
SOLAS ( Safety of Life at Sea) Convention(1914! ),1974 refers to the International Maritime Dangerous Goods (code)
IMO-SUA Convention on the Suppression of Unlawful Acts against the safety of Maritime Navigation
MARPOL, 1973/78 International Convention for the Prevention of Pollution from Ships
Convention on the Prevention of Marine Pollution by Dumping of waste and Other Materials, London, 1972
Barcelona Convention, 1976 ( Mediterranean)

9. 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

10. 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

11. 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

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

13. 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

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

15. 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

16. 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

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

18. Elements of a nuclear law
Specific Provisions
Nuclear security, physical protection and illicit trafficking
Safeguards and import export controls
Nuclear liability
Sanctions
Transitory and final provisions

19. Thank you for your attention