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

Use of ionizing radiation in Azerbaijan

Oil industry Industry Geology Construction Medicine Aviation Scientific Research Education

No.

Radioactive source

(Radionuclide)

Name of the devicewith radioisotope

Activity A/D basedCategory

1 Co-60“Rokus AM”

Gamma-therapeutic device

262 TBk I

2 Co-60“TERAGAM”

Gamma-therapeutic device

344 TBk I

3 Co-60“TERABALT”

Gamma-therapeutic device

340 TBk I

Examples of radioactive sources used in Azerbaijan

Practices and Activities associated to the use of ionizing radiation sources

Examples of radioactive sources used in Azerbaijan (cont.)

No.

Radioactive source

(Radionuclide)

Name of the devicewith radioisotope

Activity A/D basedCategory

4 Se-75“SCAR-959”

Defectoscopy device 3,1 TBk II

5 İr-192“Techops-660”

Defectoscopy device5,144 TBk II

6 İr-192“Delta-880”

Defectoscopy device3,8 TBk II

7 Am-241/Be --- 703 QBk II

8 Pu-238/Be --- 740 QBk II

Practices and Activities associated to the use of ionizing radiation sources (cont.)

Monitoring of transport operations

Packages types - A and B 38 import, 16 export operations

during 2013 According to the Law on Export

control – inspections conducted by the State Agency on Nuclear and Radiological Activity Regulations (SANRAR) of the Ministry of Emergency Situations and Hygiene and Epidemiology Centre of Ministry of Health of 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

Legal and regulatory frameworkTransport 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

List of documents shall be presented to the SANRAR for positive conclusion on

import/export 1. Application 2. Information on Technical Characterization of sources which

are subject to import/export3. A copy of the registration certificate of an applicant by the tax

authorities; 4. The copy of contract for domestic use and purchase (sale) of

sources (goods) which are subject to import/export 5. Certificate of origin with the results of leak test of sources

(goods) which are subject to import/export6. A copy of a special permission to use, storage and

transportation of sources (goods) which are subject to import/export

Emergency planning and exercises

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.

Enterprises

Local Level

National Level

State authorities(goverment), local authorities, services, organizations

Local authorities,services, organizations

International Organizations

SANRAR and enterprises (operators)Enterprises

Local Level

National Level

State authorities(goverment), local authorities, services, organizations

Local authorities,services, organizations

International Organizations

SANRAR and enterprises (operators)

Levels of Response

Emergency Response Plan

All officially registered and newly identified locations with radiological activities, transport routes, non radiological locations and facilities with potential for source existence were assessed;

Description of the bodies that may be involved in the response, description of the communication system used during an emergency was performed;

Description of the resources of government agencies and other bodies that they can provide, pursuant to their obligations under the plan, as well as the terms on which these resources will be provided also was performed;

International response through the implementation of obligations of international conventions was identified and following procedures will be prepared;

Appropriate procedures to deal with the incoming calls reporting the radiological emergency Crisis Management Centre of MES and all other notification centers (e.g. operated by the Ministry of Interior Affairs) were developed.

Emergency Response Plan Trainings In the framework of EU Twinning Project in October 2014, in

Baku has been conducted the table exercise among 18 organizations which can be involved during nuclear and/or radiological emergency according to the Emergency Response Plan.

Strengthening of Radiation Safety Infrastructure

Lack of basic standards and regulations for ensuring radiation safety and nuclear security is a main obstacle hindering establishment of appropriate state regulatory system in this area.

The Preparation of basic radiation safety standards and regulations, which will empower actual implementation of the above presented documents.

In this Workshop School for Drafting Regulations we would like drafting our national document on “basic standards and regulations for ensuring radiation safety and nuclear security”

THANK YOU FOR YOUR ATTENTION

Regional Workshop School for Drafting Regulations Vienna, Austria, 03 -14 November 2014