IAEAInternational Atomic Energy Agency

Overview of legal framework

Regional Workshop - School for Drafting Regulations

3-14 November 2014

Abdelmadjid CherfSenior Legal Officer

Nuclear and Treaty Law SectionOffice of Legal Affairs

RER/9/111: Establishing a Sustainable National Regulatory Infrastructure for Nuclear and Radiation Safety

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Nuclear Legal Framework

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International component

National component

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National Legal Hierarchy

Constitution

Primary LegislationLaws, 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

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National Policy for Safety

• Drafted by the Parliament or the Government,• Should reflect the understanding of the Government of the need to give full consideration

to safety when using nuclear technologies,• Objective: Establish the appropriate safety infrastructure,• Describes the national options as regards nuclear and radiation safety • Reflects national priorities, • Contains background information on the national circumstances, the existing and planned

programmes, human and financial resources,• Takes into account societal aspects, and also the international instruments to which the

State is a party,• Includes the Fundamental Safety Principles ( prime responsibility for safety, protection of

people and the environment, present and future, prevention of accidents, establishment of an independent regulatory body, etc.)

• It shall be implemented according to a graded approach to ensure that the activities involving nuclear energy or ionizing radiation receive appropriate attention by the Government or by the regulatory body.

• Provides for the international cooperation.

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National Strategy for Safety

• Sets out the mechanisms to implement the National Policy for Safety,

• Shall establish a comprehensive set of legal, technical and administrative arrangements to ensure that all facilities and activities are under control,

• Shall define the regulatory approach.

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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

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Legislative Process

• Drafting Team (legal and technical experts).• Clear understanding of relevant issues to be addressed in the

law and regulations.• Assessment of current and future nuclear applications programs

and plans.• Assessment of laws and regulatory arrangements.• Initial draft.• Stakeholder’s input.• IAEA review of the draft.• First review of initial draft.• Further legislative consideration.• Adoption and promulgation of final text.

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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

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Elements of a nuclear law

General Provisions

• Objective• Scope • Prohibitions• Definitions

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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

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Elements of a nuclear law

Main Regulatory activities

• Notification• Authorisation • Inspection • Enforcement and appeals against regulatory

decisions • Penalties

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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

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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

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Elements of a nuclear law

Specific Provisions

• Nuclear facilities• Radioactive waste management• Decommissioning of facilities • Transport of radioactive material• Emergency preparedness and response

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Elements of a nuclear law

Specific Provisions

• Nuclear security, physical protection and illicit trafficking

• Safeguards and import export controls• Nuclear liability

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Elements of a nuclear law

• Sanctions

• Transitory and final provisions

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Input from Stakeholders

• Legislative development requires a clear perspective on how new or revised laws or regulatory arrangements could impact interested persons or institutions (called “stakeholders”)

• Typical stakeholders include: the regulated industry; government agencies; professionals using nuclear techniques or materials; academic and scientific bodies; press and media; the public

• Involving stakeholders early and at each stage of the legislative process can avoid problems and improve the final legislative result

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General Structure of Regulations

Title and preamble- Determined by the scope and objectives and should reflect the content

of the regulations.- Date / Reference number- Regulations may begin with a recitation of the considerations that have

motivated their issuance called “preamble” or “exposé des motifs”. The preamble should reflect the basic content of the regulations and may help in interpreting and implementing them.

General provisions

- Link with the law that authorizes the regulatory body or the government Minister to issue regulations in a particular field

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General Provisions of regulations

Objectives/Purpose of the regulations

- Establish the requirements for the protection of people and the environment against the harmful effects of ionising radiations,

- Establish the requirements to achieve and maintain a high level of safety and security of radiation sources.

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General Structure of Regulations

The scope of application

• Define to what field the regulations apply. It shall specify facilities, activities and materials that are covered by the scope of the regulations and what is excluded from the scope.

• Identify the persons/entities responsible for applying the regulations.

• Identify the persons /entities who must comply with the regulations.

• Exemptions/Clearance.

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General Provisions of Safety Regulations

• Definitions• Include definitions of the terms used in the regulations / Ensure consistency of

the definitions with relevant laws and international instruments, including standards.

• Transitional and Final Provisions• Validity of existing licences. • Timeframe for the application of authorisations.

• Entry into force• The date of entry into force shall be specified. • Postponement in complying with specific articles may be granted in certain

specific cases.

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Thank you for your attention