Presentation on theme: "Governmental, Legal and Regulatory Framework in Azerbaijan Republic Aysel Hasanova, Akbar Guliyev, Emin Mansurov Regional Workshop - School for Drafting."— Presentation transcript:
Governmental, Legal and Regulatory Framework in Azerbaijan Republic Aysel Hasanova, Akbar Guliyev, Emin Mansurov Regional Workshop - School for Drafting Regulations Vienna, Austria, 03 -14 November 2014 State Agency on Nuclear and Radiological Activity Regulation
2 Use of ionizing radiation in Azerbaijan Oil industry Industry Geology Construction Medicine Aviation Scientific Research Education
9/11/2015 The legislation hierarchy of Azerbaijan Article 148 of Constitution. I. Legislative system consists of the following normative-legal acts: Constitution; Аcts accepted by referendum; Laws; Decrees of the President; Resolutions of the Cabinet of Ministers of the Azerbaijan Republic; Normative acts of central executive power bodies. II.International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral part of legislative system of the Azerbaijan Republic.
Legal and regulatory framework The legislative system of the Republic of Azerbaijan consists of the following laws: On radiation safety of population No. 423-IQ (30.12.1997) On technical safety No. 733 - IQ (02.11.1999) On sanitary and epidemiological well being No. 371 (10.11.1992) On ecological safety No. 677-IQ (08.06. 1999) On protection of environment No. 678- IQ (08.06.1999) On export control No. 772-IIQ (26.10.2004) International multilateral and bilateral Agreements, Treaties, Conventions
9/11/2015 About the application of Azerbaijan Republic Law "The radiation safety of the population” No 758 (19.08.1998) About the application of Azerbaijan Republic Law “On protection environment” No 172 (04.02.1999) On put into the Operation Law of the Azerbaijan Republic “On technical safety” No 357 (29.06.2000) On Improvement of Regulations of Granting Special Permissions (Licenses) for Some Types of Activities No 782 (02.09.2002) On creation of the State Agency on Nuclear and Radiological Activity Regulations of Ministry of Emergency Situations No 746 (24.04.2008) On approved the Statute of the “State Agency on Nuclear and Radiological Activity Regulations of Ministry of Emergency Situations” No 74 (03.04.2009) Decrees of President of Azerbaijan
Legal and regulatory framework Transport regulations: Regulations for the Safe Transport of Radioactive Material (TS-R-1) Azerbaijan ratified the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) Resolutions of Cabinet Ministers of Azerbaijan On ratification the rules of dangerous cargos transportation by sea transport No 75 (24.04.2000) On ratification the rules of dangerous cargos transportation by railway transport No 207(28.08.2000) On approving the Regulations for automobile transportation of hazardous goods No 10 (27.01.2000) On ratification the rules of dangerous cargos transportation by air transport No 220 (03.12.2000)
Legislative Framework The State Agency prepared: The draft of the new Law on Nuclear and Radiological Safety of Azerbaijan Republic The draft of National Nuclear and Radiological Emergency Response Plan (NREP) State Program on improvement of Nuclear and Radiological Safety System of Azerbaijan Republic; Procedure (methodology) on Conducting Inspections; The draft of Procedure on issuing Technical Conclusion to the radioactive materials which is subject to export/import control Risk-based Oversight Regulations; Procedure of issuing special permission (license) to any legal or physical person intending to be engaged in any practical activity with ionizing radiation;
Regulatory Body On 24 April 2008 President of Azerbaijan signed a Decree on establishment of a single nuclear and radiological regulatory authority - the State Agency on Nuclear and Radiological Activity Regulation (SANRAR), under the Ministry of Emergency Situations (MES), which gives the regulatory functions in considerable extent to the sole body Main functions of the SANRAR: Development and improvement of the legislative framework (laws, regulations, guides etc.) Licensing Inspection Enforcement Review and assessment (safety & security) Maintaining of inventory of radiation sources and facilities Coordination of emergency response and preparedness
Licensing and Inspections At present the MES (SANRAR) issues special permissions as state official documents for all activities associated with exposure to ionizing radiation Presidential Decree No 758 “On application of the law of Azerbaijan Republic On Radiation Safety of Population” dated 19 August 1998 requires any legal or physical person intending to be engaged in any practical activities or to go in possession of any ionizing radiation source to submit to Regulatory body for issuing a Special Permission The Rules for giving a Special Permission for radiological activities are defined by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic No 42 (12.04.2004) SANRAR carries out inspections to ensure compliance with safety and security requirements. Including import and export requirements in authorization processes and provisions for transport of radioactive material in regulatory requirements.
Enforcement According to the legislation of the Azerbaijan Republic, the SANRAR has right to accomplish enforcement actions. 2 articles of the Code of Administrative Offences (article 77 and 107) in full, and part of the article 113.0.10 can be used by the SANRAR to implement its sanctions The Criminal Code of Azerbaijan Republic foresees criminal penalties for illicit trafficking of RM and NM, Illegal handling of RMs and NMs, theft and illegal obtaining of RMs etc. SANRAR has right to provide the collected information and documentation to authorities of the executive power, if the violations should be considered in accordance with the Criminal Code of Azerbaijan
Import and Export of Radioactive materials According to the Presidential Decree "On further liberalization of foreign trade in the Republic of Azerbaijan” No 609 (24.06.1997) and the Law of Azerbaijan Republic “On export control” No 230 (15.12.2005), nuclear materials, technologies, equipment and facilities, special non-nuclear material, radioactive sources, are subject of export control Import, export and transit of radioactive materials and sources are realized based on the permissions issued by the Cabinet of Ministers after positive resolutions of the Ministry of Emergency Situations and Ministry of Health of the Republic of Azerbaijan Information about all radioactive sources which come to the country have to be given to the SANRAR in 24 hours for further inspections
Emergency planning In the framework of IAEA National TC Project AZB/9/006 “Supporting the Preparation of the National Radiological Emergency Plan (NREP)” has been developed the National Nuclear and Radiological Emergency Plan (NREP), which clearly outlines roles and responsibilities of all organizations involved in the preparedness and response phases of nuclear and radiological emergency This Response plan integrated with national emergency response plan.
THANK YOU FOR YOUR ATTENTION Regional Workshop School for Drafting Regulations Vienna, Austria, 03 -14 November 2014