State Nuclear Regulatory Committee of Ukraine

1. State Nuclear Regulatory Committee of Ukraine Development of Regulations School for Drafting Regulations on Nuclear and Radiation Safety, IAEA 12 November – 08 December 2012

2. Development of Regulations One of the main tasks of the SNRCU is development of regulations in the area of nuclear energy use.

3. Development of regulations is performed through: - generalizing the practice of legislation application, drafting of proposals on improvement and submitting of the proposals for the review of the Cabinet of Ministers of Ukraine (para 2 of the Provisions of the SNRCU); - defining the criteria, requirements and safety conditions in the process of nuclear energy use; development and approval of regulations on nuclear and radiation safety, physical protection of nuclear facilities, nuclear material and radioactive waste (subpara 5 para 4 of the Provisions of the SNRCU)

4. Development of Regulations General national system of regulations development in the area of nuclear energy use, nuclear and radiation safety has hierarchical system, which foresees subordination of the low level document requirements to the relevant requirements of the highest hierarchical levels

5. System of regulations consists of: • Laws, international agreements, ratified by the Verhovna Rada (Parliament) of Ukraine; • Regulatory acts, approved by the Cabinet of Ministers of Ukraine and the President of Ukraine; • Regulatory acts, approved by the SNRCU, other authorities of state regulation of nuclear and radiation safety of Ukraine;

6. The main nuclear law of Ukraine is the Law of Ukraine «On the Use of Nuclear Energy and Radiation Safety» • Establishes the priority of safety of human and the environment; • Establishes rights and responsibilities of the citizens in the area of nuclear energy use; • Regulates activities related to the use of nuclear facilities and sources of ionizing radiation; • Establishes legal basis for Ukraine’s international commitments with respect to the use of nuclear energy.

7. Regulatory acts issued by the Cabinet of Ministers of Ukraine establish: • responsibilities of central executive authorities, procedure for performing activities (without specifying technical aspects); • exact rules of behavior of participants of social relationship in the area of nuclear energy use, nuclear and radiation safety.

8. Regulations Establish requirements, which are considered as necessary for safety provision and are subject for unconditional fulfillment by all participants within its incidence Regulations may contain: • general requirements (technical principles and criteria, norms and rules) of safety provision; • requirements, detailing general requirements of safety provision and establishing separate technical, technological and organizational requirements of safe functioning of system and elements important for safety, their classes, equipment and separate procedures, processes.

9. System of regulations on nuclear and radiation safety has multilevel structure, where regulatory acts are in groups depending on object of regulation: Regulation of safety of nuclear facilities; Regulation of safety of ionizing radiation sources; Regulation of safety of transport of radioactive material; Regulation of safety of radwaste management; Safeguards of non-proliferation of nuclear weapon; Physical protection of nuclear facilities, nuclear material, radwaste, other ionizing radiation sources; Emergency preparedness.

10. Regulations SNRCU issues recommendations, which may contain: • provisions of recommendatory nature and specific measures, conditions and procedures, which guarantee the fulfillment of safety requirements; • Clarification of provisions of regulatory documents and recommendations on the practice of their application, relevant examples; • Information on practice of application of regulations by the licensees, that can be an example for other licensees; • Other informational materials.

11. The issue of regulationsimprovement is still of the highest importance The process of improvement is performed taking into account: • Harmonization of Ukrainian legislation with EU legislation requirements; • Ukraine’s commitments for the conventions and other international agreements; • Experience of countries with advanced nuclear energy and technologies; • Practical steps in the area of regulation of nuclear energy use in Ukraine; • Achievements of science and technological progress; • International standards, including standards of the IAEA, WENRA other documents and recommendations of international organizations in the area of regulation of nuclear and radiation safety

12. As a result of work on Hierarchy pyramid of regulatory acts the following was defined: Hierarchy of normative basis; List of regulations to be developed; List of regulations to be reviewed; Priorities in development/ review of regulations.(the scheme)

13. Action Plan for implement the requirements by the Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (intermediate edition General Safety Requirements Part 3) foresees the development of draft Basic safety requirements for handling radiation sources.

14. Unit of Radiation Safety of SNRCU participates in this work in part of legislative regulation of issues of radiation safety provision. Established working group on regulatory issues of radiation safety (show draft)

15. Procedure for development and approval of regulations and standards on nuclear and radiation safety (Resolution of the Cabinet of Ministers of Ukraine of 8 February 1997 N 163) Regulations on nuclear and radiation safety are approved by the order of the state regulatory authority. Regulatory acts are subject to state registration in the Ministry of Justice of Ukraine.

16. Draft of the regulatory act is developed according to the Annual Plan on normative regulation of the SNRCU Plans for next year are approved and published on through web-site of the SNRCU.

17. Process of regulations development : • 1st stage is development terms of reference for regulatory act; • In case of regulatory act complexity research is carried out; • Draft regulatory act is sent for comments to other executive authorities, organizations and enterprises including operating organizations.

18. Process of regulations development: (2) • Final version of the draft is posted on the web-site of SNRCU for public discussion; • Final versions of the most important regulations are discussed by the SNRCU Board based on the decision of SNRCU Chairperson; • When approving a document a date of entry into force is being set taking into account a period needed for entry into force preparatory actions; • Approved regulatory document is made public.

19. Planned Action • Full application of hierarchy system of national regulations, which is based on current internationally accepted principles and regulations; • Replacement of existing regulations, which were developed earlier, with national regulations; • Development and putting into force of primary normative acts based on the results of work with hierarchy pyramid.