Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
IAEA International Atomic Energy Agency
name of presenter (e-mail)
training event title
dates
location, host organization, host country
International Legal Instruments
IAEA
Contents
• Convention on the Physical Protection of Nuclear Materials (CPPNM)
• Emergency Conventions Early Notification of a Nuclear Accident
Assistance in the Case of a Nuclear Accident
• Convention on Nuclear Safety (CNS)
• Joint Convention (JC) Objectives
Procedures
Articles
Experience
• Code of Conduct on the Safety and Security of Radioactive Sources
2
IAEA
Objectives of the presentation
• To explain the purpose and
objectives of the Joint Convention
and international legal instruments
• To discuss the main points of the
Convention
• To summarize the responsibilities
of the Contracting Parties
• To review the benefits to countries
from being a Contracting Party
3
IAEA
Convention on the Physical Protection of
Nuclear Materials (CPPNM)
• Date of entry into force: February 1987
• 115 contracting parties
• Establishes measures to prevent and
respond to malicious acts with nuclear
material during transport
• Latest amendment, agreed in July 2005:
extension to nuclear facilities.
4
IAEA
Emergency Conventions
• Established after the Chernobyl accident
• More than 90 contracting parties
• Specific obligations on States and the IAEA in case of a nuclear accident
• Early notification of potentially affected countries with details of the accident
• Facilitation of prompt assistance on request
• IAEA has established a ER network, co-ordinates between MS and makes available experts and equipment on request
5
IAEA
Convention on Nuclear Safety
• Date of entry into force: October 1996
• 55 contracting parties
• Objective: to legally commit parties to
maintain a high level of safety during
operation of civil nuclear power plants
• Basis is the IAEA Safety Fundamental “The
Safety of Nuclear Installations”
• 3 Review conferences were held so far
6
IAEA
History
• March 1995 – IAEA BoG endorsed proposal to convene a group
to prepare a proposed convention on radioactive waste
• July 1995 – March 1997 – Group met 7 times and drafted the
“Joint Convention on the Safety of Spent Fuel Management and
on the Safety of Radioactive Waste Management”
• June 1997 – BoG authorized DG to convene a Diplomatic
Conference in Vienna
• 1 – 5 September 1997 – Convention adopted at a Diplomatic
Conference (42 signatories on 5 Sept. 1997)
• 18 June 2001 – Convention entered into force (as required, 25
countries, 15 of which have Nuclear Power Plants, had
deposited instruments of ratification, acceptance or approval)
• November 2003 – First Review Meeting (Vienna)
• May 2006, May 2009 and May 2012 – Review Meetings
7
IAEA
Joint Convention - background
• Will be used as a basis for a
radioactive waste management
system
• Applies to spent nuclear fuel and
radioactive waste
• Entered into force 18 June 2001
• Is an incentive convention i.e.
full compliance is not expected
• 64 Countries are party to the
convention (+ EURATOM)
8/39
IAEA
Contracting Parties: 64
Last change of Status: 2 August 2012
2012
9
IAEA
Contracting Parties: 64
Last change of Status: 2 August 2012
Albania EURATOM Kyrgyzstan Senegal
Argentina Finland Latvia Slovakia
Australia France Lithuania Slovenia
Austria Gabon Luxembourg South Africa
Belarus Georgia Mauritania Spain
Belgium Germany Moldova, Rep. of Sweden
Bosnia & Herzegovina Ghana Montenegro Switzerland
Brazil Greece Morocco T. F. Y. R. of Macedonia
Bulgaria Hungary Netherlands Tajikistan
Canada Iceland Nigeria Ukraine
Chile Indonesia Norway United Arab Emirates
China Ireland Poland United Kingdom
Croatia Italy Portugal United States of America
Cyprus Japan Romania Uruguay
Czech Republic Kazakhstan Russian Federation Uzbekistan
Denmark Korea, Republic of Saudi Arabia
Estonia
10
IAEA
Joint Convention Documents
INFCIRC/546 (24 December 1997) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management INFCIRC/602/Rev.1 (23 July 2004) Rules of Procedure and Financial Rules INFCIRC/603/Rev.1 (23 July 2004) Guidelines regarding the Review Process INFCIRC/604 (1 July 2002) Guidelines regarding the Form and Structure of National Reports
11
IAEA
Nature of the Joint Convention
• A legally binding agreement between
Contracting Parties
• The first international binding legislation in the
area of radioactive waste management
• The technical basis for the convention is
provided by the Fundamental Safety Principles
[IAEA Safety Standards Series No. SF-1 (2006)]
12
IAEA
Nature of the Convention (continued)
• An “Incentive” convention • No fixed penalties
• It is intended to stimulate improvement in
safety
• Its Articles are “targets” – all cannot
necessarily be met immediately
• Nuclear Safety Convention is a
“sister” convention
13
IAEA
Scope of Application
Does not include (unless the Contracting Party declares it)
• Spent fuel undergoing reprocessing
• Waste containing NORM that does not originate from the nuclear fuel cycle
• Spent fuel or radioactive waste within military or defence programmes
14
IAEA
Who is the Joint Convention intended for?
• Its scope is wide – it covers all types of waste
• All countries generate some radioactive waste
• Therefore, unlike the Nuclear Safety Convention, the Joint Convention is relevant and potentially useful to all States
15
IAEA
Scope of Application
Includes • Waste and spent fuel from the operation of
nuclear reactors
• Waste from use of radionuclides in medicine and industry
• Spent sealed sources
• Discharges from regulated nuclear facilities
• Waste from mining and processing of uranium
16
IAEA
Joint Convention – Objectives, art.1
• To achieve and maintain a high
degree of safety worldwide in spent
fuel and radioactive waste
management,
• To ensure that there are effective
defences against potential hazards
so that individuals, society and the
environment are protected now and
in the future
• To prevent accidents and mitigate
their consequences should they
occur
17
IAEA
Definitions, art. 2:
• 21 definitions of terms used in the JC, e.g.
• Radioactive waste:
• Radioactive material in gaseous, liquid or solid form for which no
further use is foreseen by the CP
• Decommissioning:
• All steps leading to the release of a nuclear facility from
regulatory control
• Nuclear facility:
• Civilian facility, including land, buildings and equipment, in which
r.a. materials are handled on a scale that consideration of safety
is required
18
IAEA
Articles
44 Articles altogether, divided into four groups
• Technical
• Political
• Reporting
• Procedural
19
IAEA
“Technical” requirements of the Joint
Convention
Under the heading of spent fuel and waste:
• Article 4 and 11 General Safety Requirements
• Article 5 and 12 Existing Facilities (and Past Practices)
• Article 6 and 13 Siting of Proposed Facilities
• Article 7 and 14 Design and Construction of Facilities
• Article 8 and 15 Assessment of Safety of Facilities
• Article 9 and 16 Operation of Facilities
20
IAEA
“Technical” requirements (continued)
• Article 10 Disposal of Spent Fuel
• Article 17 Institutional Measures After Closure
(of a disposal facility)
• Article 23 Quality Assurance
• Article 24 Operational Radiation Protection
• Article 25 Emergency Preparedness
• Article 28 Disused Sealed Sources
21
IAEA
“Political” requirements of the Joint
Convention
• Article 18 Implementing Measures (law)
• Article 19 Legislative and Regulatory Framework
• Article 20 Regulatory Body
• Article 21 Responsibility of the Licence Holder
• Article 22 Human and Financial Resources
• Article 27 Transboundary Movement
22
IAEA
General safety requirements, art. 4 and 11:
• Protection of individuals, society and the environment now and in the future • Limit generation of r.a. waste
• Apply internationally endorsed criteria and standards
• Interdependencies among steps in r.a. waste management
23/39
IAEA
Existing facilities, art. 5 and 12:
• The safety of existing facilities
should be reviewed
• All practical improvements to
upgrade the facility should be
made
• Results of past practices
should be reviewed to
determine if intervention is
needed
24/39
IAEA
Siting of facilities, art. 6 and13:
• To evaluate site-related factors that could
affect the safety
• To evaluate the safety on the environment
• To inform the public
• To consult neighbouring parties
• To ensure that these will not be exposed to
unacceptable effects
25
IAEA
Design and construction, art. 7 and14:
• Safety by design, also
applicable to discharges and
uncontrolled releases
• In design stage provisions for
decommissioning should be
made
• Adequate technologies should
be used, supported by
experience, testing or analysis
26/39
IAEA
Assessment of safety of facilities, art. 9
and15:
• Before construction a
safety assessment and an
environmental
assessment shall be
made
• Before operation updated
versions of the
assessments should be
prepared
27/39
IAEA
Operation of facilities, art. 9 and 16:
• Operating licence based on assessments
• Operational limits updated as necessary
• Operation in accordance with established procedures
• Assurance of engineering and technical support
• Programmes to collect operating experience
• Decommissioning plans available
28
IAEA
Disposal, art. 10,14,15,16 and 17
• Spent fuel shall be disposed of in accordance
with the reqmts. of waste
• Technical provisions for closure of disposal
facility to be made at design stage
• Safety and environmental assessment of
disposal facility for period after closure
• Record keeping after closure
• Institutional controls as necessary
29
IAEA
Implementing measures, art 18
• Implementation of the
obligations shall occur
by legislative,
regulatory and
administrative
measures
30/39
IAEA
Legislative and regulatory framework, art. 19
• National safety reqmts. on radiation
safety
• System of licensing including a
prohibition to operate a facility
without a license
• System of institutional control and
inspection
• Enforcement of the regulations
• Clear allocation of responsibilities
31/39
IAEA
Protecting Implementing
Oversight body
Regulatory body, art. 20
• A regulatory body to be established with authority,
competence and resources
• Independence of regulatory body from other
functions
Design Operation
Waste management Agency
Rad. prot. Waste safety Nuclear safety
Regulatory body
32/39
IAEA
Responsibility of the license holder, art 21
• Prime responsibility rests with the license
holder
• If there is no license holder, the
responsibility rests with the CP
33
IAEA
Human and financial resources, art. 22
• Qualified staff,
commensurate with the
number of activities
• Adequate financial
resources
• Financial provisions for
future obligations
34/39
IAEA
Quality Assurance, art. 23
• QA programmes
should be put in place
35/39
IAEA
Operational radiation protection, art. 24
• ALARA principle
• Dose limitation to levels,
which take due account of
international standards
• Prevent unplanned
releases
• Limitation of discharges
• Mitigate effects of
unplanned releases
36/39
IAEA
Emergency preparedness, art.25
• Appropriate on-site
and off-site emergency
plans should be
available
• Regular testing is
recommended
• Also emergency plans
should be in place for
facilities across the
border
37/39
IAEA
Decommissioning, art. 26
• Qualified staff and adequate financial resources
• Provisions re. operational rad. prot. should be observed
• Provisions re. em. response should be applied
• Records should be kept
38/39
IAEA
Transboundary movement, art. 27
• Destination country should
give prior approval
• Transport regulations
apply
• Destination country must
have the technical capacity
to manage the waste
• Country of origin has
responsibility to verify this
• Re-entry into a country
should be permitted if
the transport cannot be
completed
39
IAEA
Transboundary movement, art. 27
• International instruments on air
and maritime navigation retain
validity
• Right of destination country to
return waste that has been
processed
• Right of a country to export SF
for reprocessing
• Right to return waste from
reprocessing to country of origin
40/39
IAEA
Disused sealed sources, art. 28
• Disused sealed sources
shall be managed safely
• Countries shall allow
disused sources to be
returned to a qualified
manufacturer, if this is
not legally forbidden
41/39
IAEA
Reporting requirements – Article 32
• Each Contacting Party shall submit a National Report to each review meeting
• The National Report shall address the measures taken to implement each obligation of the Convention
• The National Report shall : • Address spent fuel and waste management policy and practices
• Address criteria used to define and categorize radioactive waste
• Include a listing of national spent fuel and waste management facilities
• Include an inventory of spent fuel and waste (subject to the Convention)
• Include a listing of facilities being decommissioned
42
IAEA
Outcomes of the Review Meeting
At each Review meeting:
• National Reports will be critically reviewed
(in Country Groups)
• A Summary Report of the Review Meeting
will be prepared – addressing the issues
discussed and the conclusions reached
43
IAEA
JC Experience (1)
• The 1st Review Meeting was in 2003
• As a whole the review process worked well
• It was noted that discussions on the reports
sometimes lacked substance
• A proposal for specific guidance for officers was
adopted at an extraordinary meeting in Nov 2005
• Promotional activities were initiated, aimed at
increased participation in the JC by countries with
small or no nuclear programmes
44
IAEA
JC Experience (2)
• Issues of special interest included:
• Scope of application e.g. NORM
• Application of clearance levels
• Scope of JC in relation to on-site storage of SF
• Long term storage of SF and RAW vs. disposal
• Varying views on decommissiong strategy
• Availability of financial resources for SF and RAW
management and decommissioning
• Management of disused sealed sources
• Next Review Meeting in May 2006
45
IAEA
Schedule of meetings and deadlines
46
Organizational
Meeting
Deadline for
Submission
of National
Reports
Deadline for
Submission
of Questions
and
Comments
Deadline for
Submission
of Answers
Fifth
Review
Meeting
- 12 months - 7 months - 3 months - 1 month 0 day
Rules of
Procedures
and Financial
Rules
Rules of
Procedures
and Financial
Rules
Guidelines
Regarding the
Review
Process
Guidelines
Regarding the
Review
Process
Article 30.2(i)
of the Joint
Convention
12-13 10 10 10 11
May October February April May
2014 2014 2015 2015 2015
IAEA
Expected outcomes of the Joint Convention
process
• Gradual and sustained improvement in safety worldwide
related to radioactive waste
• Improved unification/harmonization worldwide of safety
policies and provisions related to waste management
• Resolution of commonly experienced waste problems
• Normalization of international arrangements for
movement of waste (and disused sources) between
countries
• Towards common safety criteria and definitions in the
waste area
• Improved public confidence in national arrangements
and provisions for spent fuel and radioactive waste
management 47
IAEA
Benefits for a country from becoming a
Contracting Party to the Joint Convention
• Improvements in safety as an outcome of the review
process
• Gain in knowledge through information exchange
• Improved credibility because of involvement in an
international convention on safety
• Support in cases of malpractice in neighbouring
States
• Greater influence in a regional context
• Possible technical assistance from other Contracting
Parties
• Evidence of an open and transparent national
approach
48
IAEA
General Conference Resolutions
• Since the adoption of the Joint
Convention in 1997, the IAEA’s
General Conference has, each
year, included a resolution urging
States to ratify the Convention.
49
IAEA
When should a country ratify the Joint
Convention?
• As soon as possible
• A country should not wait until it has complied with all
Articles of the Convention – it is an “incentive”
convention
• Early involvement will allow Contracting Parties to
move forward together
• “Strength in numbers” – a large global membership will
facilitate worldwide movement towards improved
safety
50
IAEA
IAEA website
www-ns.iaea.org/conventions/waste-jointconvention.htm
• Joint Convention Documents,
• Latest Status of Ratification,
• National Reports for the first Review Meeting,
• Report of the Organizational Meetings,
• Reports of the Review Meetings
can be downloaded from:
51
IAEA
Code of Conduct on the Safety and
Security of Radioactive Sources (1)
• Recent (2004) international consensus document
• Applies to all sources posing a significant risk
• Requires a categorization of sources (refers to IAEA Safety Guide RS-G-1.9)
• Objectives:
Achieve and maintain a high level of safety and security
Prevent unauthorized access to these sources
Mitigation of radiological consequences of any accident or malicious use 52
IAEA
Code of Conduct on the Safety and
Security of Radioactive Sources (2)
• Although strictly speaking the Code is a non-legally
binding instrument, countries are advised to:
• Establish a national register of r.a. sources
(should at least include category 1 and 2 sources)
• Provide information about loss of control of a source to
possibly affected countries
• Control the in- and export of sources (notification)
• Require an authorization for the use of these sources to
be issued after a safety assessment
• Attach clear conditions to the authorizations
53
IAEA
Summary
• International instruments constitute a framework that aims to achieve and maintain a high level of safety and security
• The JC and the CNS adress both the legal and regulatory infrastructure and operational inplementation related to nuclear safety and SF and RAW management respectively
• The CPPNM adresses mainly security issues related both to moving and stationary sources
• The two Conventions on Emergency Response have established a framework for accident situations
• The Code of Conduct on the Safety and Security of Radioactive Sources applies to r.a. sources posing significant risk and gives guidance for their safe use
54
IAEA Thank you! 55