Presentation on theme: "Nuclear and Treaty Law Section Office of Legal Affairs"— Presentation transcript:
1 Nuclear and Treaty Law Section Office of Legal Affairs Legal Framework for the Transport of Radioactive Material School for Drafting Regulations 15 December 2014Abdelmadjid CherfSenior Legal OfficerNuclear and Treaty Law Section Office of Legal Affairs
2 Nuclear Legal Framework International componentNational 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 NavigationMARPOL, 1973/78 International Convention for the Prevention of Pollution from ShipsConvention on the Prevention of Marine Pollution by Dumping of waste and Other Materials, London, 1972Barcelona Convention, 1976 ( Mediterranean)
9 National Legal Hierarchy ConstitutionPrimary LegislationLaws, Acts, StatutesSecondary LegislationRegulations – Decrees, OrdersGuidance DocumentsDrafted by constituent assembly/government and adopted through referendumPrepared by the Government or the Parliament and adopted by the ParliamentPrepared by the government or expert bodies such as regulatory bodyIssued by regulatory body
10 Legal Framework for Safety Laws/Acts/StatutesForm 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.RegulationsProvide 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 lawA “comprehensive” or “unified” form covers all aspects of nuclear energy in a StateA “plural” form treats different subject matter areas in separate laws
12 Elements of a nuclear law General ProvisionsObjectiveScopeProhibitionsDefinitions
13 Elements of a nuclear law The Regulatory BodyEstablishment of an independent regulatory bodyFunctions of the regulatory bodyHuman and financial resourcesAdvisory bodies
14 Elements of a nuclear law Main Regulatory activitiesNotificationAuthorisationInspectionEnforcement and appeals against regulatory decisionsPenalties
15 Elements of a nuclear law Specific ProvisionsRadiation protection principlesRegulatory Control for Radiation ProtectionPrimary Responsibility and Duties of the Authorized PersonOccupational, medical and public exposures
16 Elements of a nuclear law Specific ProvisionsSafety and Security of Radioactive SourcesExport and Import of Radioactive SourcesRecovery of Orphan SourcesMining and milling activities
17 Elements of a nuclear law Specific ProvisionsNuclear facilitiesRadioactive waste managementDecommissioning of facilitiesTransport of radioactive materialEmergency preparedness and response
18 Elements of a nuclear law Specific ProvisionsNuclear security, physical protection and illicit traffickingSafeguards and import export controlsNuclear liabilitySanctionsTransitory and final provisions