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1 - Issuing regulations

Governmental, Legal and Regulatory Framework for Safety (GSR – Part 1)

Requirement 1: National policy and strategy for safety• The government shall establish a national policy and strategy for

safety…(paras 2.3, 2.4)

Requirement 2: Establishment of a framework for safety• The government shall establish and maintain an appropriate governmental,

legal and regulatory framework for safety within which responsibilities are clearly allocated. (paras 2.5, 2.6)

Indicate:

a. Who are the regulators for different modes of transport in your country,

b. What regulations are in force in each case, and

c. What is the review process applied.

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1 - Issuing regulations

• The organizations are appointed in charge of safety of TRAM:

• Radiation Protection Centre is a competent authority under the Ministry of Health in field of radiation safety and security (except nuclear facilities). The responsibilities:• to issues license or temporary permit for transport of radioactive materials;• to performs inspections, to ensure how legal and natural persons follow the

requirements of safety of TRAM. • to issues permits to import, export, transit and transport RAM inside the

country. • Sets requirements of physical security of TRAM.

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1 - Issuing regulations

• State Nuclear Power Safety Inspectorate is a competent authority in field of nuclear and radiation safety in nuclear facilities. Vatesi issues license for the acquisition, possession, and use of nuclear and any other fissile materials quantities that exceed the amount indicated in Annex 1 hereto of the Law of Nuclear safety.

• Ministry of transport and communications of the Republic of Lithuania – is the main institution in Lithuania, which coordinates the work of road, rail, air, water, transport, postal and electronic communications sector and implements the strategy and politics of state government. The main functions:• Establishing terms and conditions for the carriage of passengers, freight, luggage, mail and

dangerous goods by air, road, rail and inland waterway transport;• Drafting and submitting to the Government a procedure for supervision over the transportation of

dangerous goods by road, rail and inland waters; • Approving the procedure for appointing a safety officer in transportation of dangerous goods in

companies whose operations are related to transportation of dangerous goods;

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1 - Issuing regulations

• State Road Transport Inspectorate - formulates organizational principles of the state technical inspection, takes part in developing and implementing programmes of traffic safety and technical policy of road transport. The Inspectorate also issues ADR certificates for vehicles carrying dangerous goods.

• Ministry of Economy - issues licenses for dual purpose goods import,

export and transit.

• Lithuanian National Road Carriers Association "Linava" – issues

certificates of a safety specialist in carriage of dangerous goods.

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1 - Issuing regulations

• A comprehensive system of national radiation protection and safety of TRAM regulations is currently in use. These include:• Law on Radiation Protection (1999, last amended in 2011) - establish the legal

framework for radiation protection aimed at protecting people and the environment from the harmful effects of ionising radiation. The principles of state regulation for Import to, export from, shipment in transit or transportation within the Republic of Lithuania of radioactive materials and radioactive waste are established in this Law.

• Law on Carriage of dangerous goods by road, rail and inland waterways (adopted in 2012) - establish the requirements for safe national transport of dangerous goods by road, rail and inland waterways.

• The Code on Administrative Law Violations (No ADM 13.12.1984) establishes a procedure for review and appeal of regulatory decisions and describes the penalties the Radiation Protection Centre is authorised to impose.

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1 - Issuing regulations

• Order of the Minister of Health Care and Head of State Nuclear Power Safety Inspectorate No V-1271/22.3-139, Rules on the Import, Export, Transit and Transportation of Radioactive Materials, Radioactive Waste and Spent Fuel (last amended 2012) – establish the order of issuing of permits to import, export and shipment of sources inside the country. These Rules implementing:• Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between

Member States.• The Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of

radioactive waste and spent fuel. • Commission Decision of 5 March 2008 establishing the standard document for the supervision and control of

shipments of radioactive waste and spent fuel 2008/312/Euratom. Commission Recommendation 2008/956/Euratom of 4 December 2008 on criteria for the export of radioactive waste and spent fuel to third countries.

• Commission Recommendation of 7 July 2009 for a secure and effective system of transmission of documents and information relating to the provisions of Council Directive 2006/117/Euratom.

• Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste.

• The rules are compatible with IAEA Code of Conduct on the Safety and Security of Radioactive Sources, and supplementary Guidance on the Import and Export of Radioactive Sources and Regulations for the safe transport of radioactive material (2012 edition), No. SSR-6.

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1 - Issuing regulations

• Lithuania has ratified the following documents for safe transportation of dangerous goods by road, air, sea and rail:

• European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) – establish the requirements for safe international transport of dangerous goods by road.

• ICAO 9284: „Technical Instructions for the Safe Transport of Dangerous Goods by Air" – establish the requirements for the safe transport of dangerous goods by air.

• The Convention concerning International Carriage by Rail (COTIF) – establish the requirements for the safe transport of dangerous goods by rail.

• International Maritime Dangerous Goods (IMDG) Code – establish the requirements for the safe transport of dangerous goods by the sea.

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1 - Issuing regulations

• Regulations are regularly overviewed and revised based on:• New IAEA regulations;• New ADR, ICAO, COTIF & IMDG regulations;• requirements of national legislation.

IAEA Workshop on Drafting Regulations, 3

Nov-14 Nov 2014

(country name) Page 8

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2 - Monitoring of transport operations

To monitor transport operations it is necessary to know the magnitude of the transport in the country. Please indicate:

a. Radioactive materials used in your country (Ir192, Co60, Cs137, Am241, Ni63, Tc99, F18, I131, I125, etc.);

a. Type and quantity of facilities using radioactive materials (medical – 6, industry – 38, science & education – 9, other – 25);

b. Types of packages used (excepted package, type A, B(U) package);

c. Number of packages transported by year (30 – 40);

d. More relevant shipments (import of sealed sources);

e. Point of entry, exit, transit routes (airport or other border crossing point);

f. Who can inspect packages/shipments1. On road (State Road Transport Inspectorate);

2. At sea ports and on ships (The Lithuanian Maritime Safety Administration);

3. At airports and on aircraft (Civil Aviation Administration);

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3 - Import-export of radioactive materials

Transport regulations assume there is an established framework to regulate activities involving radioactive material. As transport is involved in every import/export operation, it is important to know which are the requirements for import/export, e.g.:

• Notifications:– Consignor, Consignee, Dates, routes, final destination

• Certificates– Dangerous goods declaration, Approval certificates for packages /

materials• Inspections

– What inspections are required if any? Who inspects what?

a. Prepare a detailed list of requirements for import/export of radioactive materials in your country. Include all the organizations involved.

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3 - Import-export of radioactive materials

Requirements for qualification, experience and age of drivers are described in the order No 3-336 of the Minister of transport and communication on 1 July 2002 on Education and Examination of Carriers of Dangerous Goods by Road.

Workers, which are involved in carriage of sources of ionizing radiation shall be adequately educated and trained in the field of radiation protection. Requirements for radiation protection education are described in the order No 171 of the Minister of Health on 19 April 1999 on Frequency and Procedure of Training and Assessment of Knowledge of the Workers Engaged in Activities with the Sources of Ionizing Radiation, and Radiation Protection Officers.

Carriers of sources of Category I, II, and III have to be trustworthy. To ensure implementation of this requirement, licensees shall address to Radiation Protection Centre to organize workers trustworthiness evaluation procedure. Procedure of evaluation of workers trustworthiness is described in the order No 66V of the Director of Radiation Protection Centre on 29 September 2011.

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3 - Import-export of radioactive materials

According to Article 8 of the Law on the Radiation Protection and the Article 10 of the Law on the Management of Radioactive Waste Radiation Protection Centre (RPC) issues permits for transportation of radioactive materials and radioactive waste. The RPC shall issue permits for the import, export, transit or transportation in Republic of Lithuania of radioactive substances intended for individual and public health care institutions, enterprises, research and educational institutions as well as institutions of public administration and local government, also shall issue permits for the consignor to transportation within the country, export and transit the radioactive waste. If radioactive substances contain nuclear material, State Nuclear Power Safety Inspectorate is involved in process of issuing transportation permits.

The order of issuing of permits for the import, export, transit or transportation in Republic of Lithuania is determined in the Regulations on import, export, transit and transportation of radioactive materials, radioactive waste and spent nuclear fuel in Republic of Lithuania, approved by the Order No V-1271/22.3-137 of the Minister of Health and Head of State Nuclear Power Safety Inspectorate on 24 December 2008 (further in the text – Regulation).

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4 - Establishing responsibilities

GSR-Part 1, para. 2.5(6)

“…The framework for safety shall set out the following: … (6)Provision for assigning legal responsibility for safety to the persons or organizations responsible for the facilities and activities, and for ensuring the continuity of responsibility where activities are carried out by several persons or organizations successively…”

a. How are the responsibilities established in your country for the transport of radioactive material?

See answer to question No.1

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5 - Training and distribution of information

Transport regulations in paras 311 to 314, and GSR Part 1 in Requirement 36, establish provisions for training and communication.• Is the appropriate training available (for all modes of

transport)

a. For Consignors (Yes);

b. For Carriers (Yes);

c. For First Responders (Yes);

d. For Radiation Workers (Yes);

e. For Regulators (Yes).

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6 - Emergency planning and exercises

Transport regulations rely on national provisions to respond to an emergency or incident.

a. Do you have a national response plan? (Yes)

b. Is response to transport accidents/incidents covered in that? (Yes)

c. Are the proper authorities involved? (Yes)

d. Is the appropriate equipment available? (Yes)

e. Are responders properly trained? (Yes)

f. Do you have notification requirements? (Yes)

g. What about members of the public? (included)

h. When was the last emergency exercise for transport? (few years ago)

i. Have you exercised the response plan? (Yes)

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7 - Compliance assurance and enforcement

SSR-6 requires the competent authority to assure compliance with the regulations (para. 307) and GSR Part 1 requires the establishment of an enforcement policy in cases of non-compliance (Req. 31).

a. Verification of compliance of packages: Documentation, Labelling, Doses (State Road Transport Inspectorate, The Lithuanian Maritime Safety Administration, Civil Aviation Administration);

b. Verification of Shipments: Approval, Marking for transport

(Radiation Protection Centre, State Nuclear Power Safety Inspectorate);

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7 - Compliance assurance and enforcement

c. Compliance for carriers (Radiation Protection Centre, State Nuclear Power Safety Inspectorate);

d. Notification: How do you know if an incident has occurred?

It is obligatory to inform Regulatory Body immediately in case of emergency situation.