Transcript Слайд 1 - International Atomic Energy Agency

57-th Regular Session of the IAEA GC
Senior Regulatory Meeting
Dynamic of the Nuclear and Radiological Regulatory
Process: Case Study of the Republic of Moldova
19 September 2013)
A.Buzdugan
Head of the National Agency for Regulation of Nuclear and
Radiological Activity
In the beginning of the process.
Step 1
Moldova became independent state in 1992
and was necessary 15 years for political
decision on establishing of a single regulatory
body in nuclear and radiological field.
Up to 2007, when started activity of the new
Regulatory Body, Moldovan authorities
activates in the legal framework from the
former USSR, also updated partially for the
field of export-import, emergency situations,
medicine, metrology, and of delimitation of the
regulatory functions (first step) etc.
Step 2
 The first IRSS Mission in Moldova mentioned in 2004 that in the
country there are 5 central authorities for nuclear regulation: Ministry
of Health, State Department of Standards and Metrology, State
Department of Emergency Situations, Ministry of Agriculture and
Chamber of License.
 In order to attenuate existing dissensions between these authorities
was (second step) established of the National Radioprotection
Commitee, under the Government supervision which play a time a
positive effect as conciliate / buffer interface, and in certain cases
also play the regulatory role.
Step 3
 In 2006 at the initiative of Supreme Security Council the
Parlament initiated, elaborated and approved Law no. 111 from
11 March 2006 „On safe deployment of nuclear and radiological
activity”. The Law established legal base for a single regulatory
body (step 3 – main legal base) for nuclear and radiological field
– The National Agency, which took over the respective tasks
from other 5 Authorities.
 For next 2 years remain an impediment in the activity of the
Agency: the inspection with the purposes of authorization
(licensing) was the statutory function of the Agency, but the
licence for nuclear activity was issued formally by the Chamber
of Licencing. However, in 2009 Parliament sustained the
initative of the National Agency taking over that formally
procedure of issuing license from the Chamber of Licencing
(step 4 – upgrade of legal base).
According to the Law 111 from 2006 the National Agency has the following
tasks:
 licensing(authorization issual),
 inspection,
 Monitoring and reporting on a few International Conventions in the
nuclear field
 keeping external relations with AIEA, other Regulatory Bodies from
different countries
 ellaborating and promoting laws and norms (procedures, instructions,
regulations etc.)
 Promotion of the sanctions for infringement of legal requirements.
 Generally, the new law was according to IAEA BSS, though many
aspects related to transport, import-export, nuclear warranties and
physical protection – were to superficial. Therefore, it was to be
expected these to be developed by special Governmental regulations.
The area of application of the law 111,
article 3
research, designing, placement, construction,
assembly, commissioning, exploitation,
change, decommissioning and deactivation of
nuclear and radiological facilities;
 manufacturing, distribution, rent, transfer,
processing, possessing, treatment, use,
temporary or permanent storage, transport,
transit, import and export of ionizing
radiations sources, inclusive of nuclear
materials, nuclear fuel, of radioactive waste;
Creation of the RB.
Step 4, 5, 6, 7
 Thus, in order to fulfill Law no 111-2006, the Government
adopted by the Decree no. 328 from 23 March 2007 creation of
the National Agency (step 4), with 14 employees and also
approved its Statute.
 In June 2007 the Agency started its activity with 6 professionals
in the field, transferred from the past regulatory authorities.
Other new engaged staff required training, which was
multilaterally supported by IAEA (step 5 – human resources
regulatory infrastructure).
 From the beginning the Agency also received a great support
from the US NRC, IAEA by donated office & detection
equipment, vehicle (step 6 – establishing of technical
infrastructure), by sustaining of elaboration of legal and
normative documents about inventory, inspection, National
Register of ionizing sources, radioactive waste management
(step 7 – normative infrastructure).
 During 2008-2009 with financial support of
the US NRC Agency performed domestic
inventory of all radioactive and radiological
sources on the controlled by central
Government territory.
 Thus were actualized our data base on the
sources and about legal persons activates
with such sources.
 Data base were established on the base on
soft elaborated by the Armenian colleagues
with NRC support.
 In 2009 started, also with large support of the US
NRC the process of authorization of nuclear and
radiological activities. For these purposes, Moldovan
authorities announced IAEA about acceptance of the
CoC and implemented categorization of radioactive
sources.
 Necessary Regulation for the inspection,
authorization, management of radioactive waste,
management of ionizing sources database were
elaborated by the Regulatory Body staff and
promoting through Government Decrees.
Continue progress in adherence to the international legal instruments
NUCLEAR SAFETY
 Convention on Early Notification of a Nuclear Accident;
 Convention on Assistance in the Case of a Nuclear Accident or Radiological
Emergency;
 Convention on Nuclear Safety;
 Joint Convention on the Safety of Spent Fuel Management and on the Safety
of Radioactive Waste Management;
 Code of Conduct on the Safety and Security of Radioactive Sources;
 IBSS (to be reviewed);
NUCLEAR SECURITY
 Convention on the Physical Protection of Nuclear Material & Amendment;
 UN Security Council Resolution 1540;
 International Convention for the Suppression of Acts of Nuclear Terrorism;
SAFEGUARDS AND NON–PROLIFERATION
 Treaty on the Non-Proliferation of Nuclear Weapons;
 Safeguards Agreements between the IAEA and the R. of Moldova in
connection with the NPT;
 CTBTO Treaty.
LIABILITY
Agreement on the Privileges and Immunities of the IAEA;
Vienna Convention on Civil Liability for Nuclear Damage;
Nuclear Regulations - drafts
Regulatory Body continuing to works in elaboration of the draft of
the Government Decrees regarding followings important
regulation areas as
 Physical protection of nuclear and radioactive materials;
 Radiation protection in radio-diagnostic.
 Attestation of experts in nuclear and radiological fields;
 On safe transport of radioactive materials.
 National Strategy on safe management of radioactive wastes.
But, since 2010 our legal process (referred not to the laws but to
the approving of the norms, regulations by Government Decree)
were formally stopped in nuclear field). Thus all above
mentioned elaborated draft were rejected by the legal division of
the State Chancellery.
Appearance of new legal rules…
 That were done in order to protect the enterpreneurs from the abuse
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by public employees from the different regulatory bodies
According to the new Law on regulation of entrepreneur activity - all
requirements for the enterpreneurs need to be specified exclusive in
legislative acts. Contrary, any additionally requirements cannot be
forwarded or developed in sub-legislative acts (norms, regulations...
All the other laws approved before and which has repercussion on
entrepreneur activity need to be adjusted and promoted to
Parliament again.
Therefore, we were obligated to review (step 8) the Law on safe
deployment of nuclear and radiological activity, process which took
place aprox. 2 years, the new nuclear law being approved and
promoted in the end of 2012.
But, to be correct, the promotion of the new law was also necessary
in order to meet the new IAEA GSR 1, 2, 3 standards concerning
Regulatory Body and also in order to take in to account new state
obligation follows ratification of the Additional Protocol to Safeguards
Agreement to NPT.
 The new law 132 from 8 June 2012, in force from
November 2012 - expressed in a very transparent way
all the requirements for authorization and inspection. The
new Chapters related to Nuclear Warranties, Physical
Protection and Transportation have been developed too.
 The new law amplified the duties for the National
Agency, giving it the right to elaborate policies and laws
in nuclear fields, functions which are in the past
exclusive duties of Ministries.
 In generally, I would like to underline that the nuclear
legal framework in Moldova has an enourmous progress
from 2007, and is in good accordance with the IAEA
requirements and standards.
Conclusions
 Phase I. Political decision on establishing of RB
 Phase II. Establishing of basic legal infrastructure
 Creation of the RB and complete with human
resources
 Establishing of technical support infrastructure
 Efficient international cooperation and cooperation on
the horizontal level inside the country.
 Phase III. Maintenances and continuous
development of tree pillar infrastructures for nuclear
activity: legal, technical and human resource
infrastructures.
Questions?
Thank you for your attention!