57-th Regular Session of the IAEA GC57-th Regular Session of the IAEA GCSenior Regulatory MeetingSenior Regulatory Meeting

Dynamic of the Nuclear and Radiological Regulatory Dynamic of the Nuclear and Radiological Regulatory Process: Case Study of the Republic of MoldovaProcess: Case Study of the Republic of Moldova

19 19 September 2013)September 2013)

A.BuzduganA.BuzduganHead of the Head of the National Agency for Regulation of Nuclear and National Agency for Regulation of Nuclear and Radiological ActivityRadiological Activity

In the beginning of the process. Step 1

Moldova became independent state in 1992 and was necessary 15 years for political decision on establishing of a single regulatory body in nuclear and radiological field.

Up to 2007, when started activity of the new Regulatory Body, Moldovan authorities activates in the legal framework from the former USSR, also updated partially for the field of export-import, emergency situations, medicine, metrology, and of delimitation of the regulatory functions (first step) etc.

The first IRSS Mission in Moldova mentioned in 2004 thatThe first IRSS Mission in Moldova mentioned in 2004 that in the in the

country there arecountry there are 55 central authorities for nuclear regulation central authorities for nuclear regulation:: Ministry Ministry of Health, State Department of Standards and Metrology, State of Health, State Department of Standards and Metrology, State Department of Emergency Situations, Ministry of Agriculture and Department of Emergency Situations, Ministry of Agriculture and Chamber of LicenseChamber of License. .

In order to In order to attenuateattenuate existing existing dissensions between these authorities dissensions between these authorities was was (second step)(second step) established of theestablished of the National Radioprotection National Radioprotection CoCommmitee,mitee, under the Government supervision under the Government supervision which which play a timeplay a time a a positive effectpositive effect as conciliate / buffer interface, and in certain cases as conciliate / buffer interface, and in certain cases also play the regulatory rolealso play the regulatory role..

Step 2

In 2006 at the initiative of Supreme Security Council the Parlament initiated, elaborated and approved Law no. 111 from 11 March 2006 „On safe deployment of nuclear and radiological activity”. The Law established legal base for a single regulatory body (step 3 – main legal base) for nuclear and radiological field – The National Agency, which took over the respective tasks from other 5 Authorities.

For next 2 years remain an impediment in the activity of the Agency: the inspection with the purposes of authorization (licensing) was the statutory function of the Agency, but the licence for nuclear activity was issued formally by the Chamber of Licencing. However, in 2009 Parliament sustained the initative of the National Agency taking over that formally procedure of issuing license from the Chamber of Licencing (step 4 – upgrade of legal base).

Step 3

According to the Law 111 from 2006 the National Agency has the following tasks:

licensing(authorization issual), inspection, Monitoring and reporting on a few International Conventions in the

nuclear field keeping external relations with AIEA, other Regulatory Bodies from

different countries ellaborating and promoting laws and norms (procedures, instructions,

regulations etc.) Promotion of the sanctions for infringement of legal requirements. Generally, the new law was according to IAEA BSS, though many

aspects related to transport, import-export, nuclear warranties and physical protection – were to superficial. Therefore, it was to be expected these to be developed by special Governmental regulations.

The area of application of the law 111, article 3

research, designing, placement, construction, assembly, commissioning, exploitation, change, decommissioning and deactivation of nuclear and radiological facilities;

manufacturing, distribution, rent, transfer, processing, possessing, treatment, use, temporary or permanent storage, transport, transit, import and export of ionizing radiations sources, inclusive of nuclear materials, nuclear fuel, of radioactive waste;

Creation of the RB.Step 4, 5, 6, 7

Thus, in order to fulfill Law no 111-2006, the Government adopted by the Decree no. 328 from 23 March 2007 creation of the National Agency (step 4), with 14 employees and also approved its Statute.

In June 2007 the Agency started its activity with 6 professionals in the field, transferred from the past regulatory authorities. Other new engaged staff required training, which was multilaterally supported by IAEA (step 5 – human resources regulatory infrastructure).

From the beginning the Agency also received a great support from the US NRC, IAEA by donated office & detection equipment, vehicle (step 6 – establishing of technical infrastructure), by sustaining of elaboration of legal and normative documents about inventory, inspection, National Register of ionizing sources, radioactive waste management (step 7 – normative infrastructure).

During 2008-2009 with financial support of the US NRC Agency performed domestic inventory of all radioactive and radiological sources on the controlled by central Government territory.

Thus were actualized our data base on the sources and about legal persons activates with such sources.

Data base were established on the base on soft elaborated by the Armenian colleagues with NRC support.

In 2009 started, also with large support of the US NRC the process of authorization of nuclear and radiological activities. For these purposes, Moldovan authorities announced IAEA about acceptance of the CoC and implemented categorization of radioactive sources.

Necessary Regulation for the inspection, authorization, management of radioactive waste, management of ionizing sources database were elaborated by the Regulatory Body staff and promoting through Government Decrees.

Continue progress in adherence to the international legal instrumentsN U C L E A R S A F E T Y

Convention on Early Notification of a Nuclear Accident; Convention on Assistance in the Case of a Nuclear Accident or Radiological

Emergency; Convention on Nuclear Safety; Joint Convention on the Safety of Spent Fuel Management and on the Safety of

Radioactive Waste Management; Code of Conduct on the Safety and Security of Radioactive Sources; IBSS (to be reviewed);

N U C L E A R S E C U R I T Y Convention on the Physical Protection of Nuclear Material & Amendment; UN Security Council Resolution 1540; International Convention for the Suppression of Acts of Nuclear Terrorism;

S A F E G U A R D S A N D N O N – P R O L I F E R A T I O N Treaty on the Non-Proliferation of Nuclear Weapons; Safeguards Agreements between the IAEA and the R. of Moldova in connection

with the NPT; CTBTO Treaty.

L I A B I L I T Y Agreement on the Privileges and Immunities of the IAEA; Vienna Convention on Civil Liability for Nuclear Damage;

Nuclear Regulations - drafts

Regulatory Body continuing to works in elaboration of the draft of the Government Decrees regarding followings important regulation areas as

Physical protection of nuclear and radioactive materials; Radiation protection in radio-diagnostic. Attestation of experts in nuclear and radiological fields; On safe transport of radioactive materials. National Strategy on safe management of radioactive wastes.But, since 2010 our legal process (referred not to the laws but to

the approving of the norms, regulations by Government Decree) were formally stopped in nuclear field). Thus all above mentioned elaborated draft were rejected by the legal division of the State Chancellery.

Appearance of new legal rules… That were done in order to protect the enterpreneurs from the abuse

by public employees from the different regulatory bodies According to the new Law on regulation of entrepreneur activity - all

requirements for the enterpreneurs need to be specified exclusive in legislative acts. Contrary, any additionally requirements cannot be forwarded or developed in sub-legislative acts (norms, regulations...

All the other laws approved before and which has repercussion on entrepreneur activity need to be adjusted and promoted to Parliament again.

Therefore, we were obligated to review (step 8) the Law on safe deployment of nuclear and radiological activity, process which took place aprox. 2 years, the new nuclear law being approved and promoted in the end of 2012.

But, to be correct, the promotion of the new law was also necessary in order to meet the new IAEA GSR 1, 2, 3 standards concerning Regulatory Body and also in order to take in to account new state obligation follows ratification of the Additional Protocol to Safeguards Agreement to NPT.

The new law 132 from 8 June 2012, in force from November 2012 - expressed in a very transparent way all the requirements for authorization and inspection. The new Chapters related to Nuclear Warranties, Physical Protection and Transportation have been developed too.

The new law amplified the duties for the National Agency, giving it the right to elaborate policies and laws in nuclear fields, functions which are in the past exclusive duties of Ministries.

In generally, I would like to underline that the nuclear legal framework in Moldova has an enourmous progress from 2007, and is in good accordance with the IAEA requirements and standards.

Conclusions

Phase I. Political decision on establishing of RB Phase II. Establishing of basic legal infrastructure Creation of the RB and complete with human

resources Establishing of technical support infrastructure Efficient international cooperation and cooperation on

the horizontal level inside the country. Phase III. Maintenances and continuous

development of tree pillar infrastructures for nuclear activity: legal, technical and human resource infrastructures.

Questions?Questions?

Thank you for your attention!Thank you for your attention!