Republic of Serbia Negotiating Group on Energy BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 15 Energy Sectoral framework Nuclear Energy NUCLEAR SAFEGUARDS Serbian Radiation Protection and Nuclear Safety Agency Brussels, 11-12 June 2014
EU legislation EURATOM Treaty Chapter VII Council Regulation 302/2005/Euratom Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards (OJ L 54, 28/02/2005 pp. 1 71) 2006/40/Euratom - Commission Recommendation of 15 December 2005 on guidelines for the application of Regulation No 302/2005 on the application of Euratom safeguards (OJ L 28 of 01/02/2006, pp. 1 85) 2009/120/Euratom - Commission Recommendation of 11 February 2009 on implementation of a nuclear material accountancy and control system by operators of nuclear installations (OJ L 41 of 12/02/2009, pp. 17 23) Serbian Radiation Protection and Nuclear Safety Agency 2
EU legislation - Agreements 78/164/Euratom - Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the IAEA in implementation of Article III (1) and (4) of the Treaty on the non-proliferation of nuclear weapons Protocol (OJ L 51, 22/02/1978, pp. 1-26) 1999/188/Euratom - Protocol Additional to the Agreement between the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland, the Federal Republic of Germany, the Hellenic Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Sweden, the European Atomic Energy Community and the IAEA in Implementation of Article iii, (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons (OJ L 67, 13/03/1999, pp. 1 44) Serbian Radiation Protection and Nuclear Safety Agency 3
Serbian legislation Treaty on the Non-Proliferation of Nuclear Weapons (Official Gazette of SFRY No. 10/70) Entry into force: March 5, 1970 Succession statement: August 29, 2001 Regulation on ratification of the IAEA statute (Official Gazette of FNRY No. 01/58) Entry into force: July 29, 1957 Succession statement: October 31, 2001 Law on ratification of the Agreement between the Socialist Federal Republic of Yugoslavia and the IAEA for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Official Gazette of SFRY No. 67/73) INFCIRC/204 Entry into force: December 28, 1973 Succession: NPT SGA concluded with the SFRY (INFCIRC/204), continues to be applied in Serbia (form. Serbia and Montenegro) to the extent relevant to the territory of Serbia. Serbian Radiation Protection and Nuclear Safety Agency 4
Serbian legislation Law on radiation protection and nuclear safety (Official Gazette of RS No. 36/09 and 93/12) In force: May 23, 2009 Rulebook on procedure of keeping records of nuclear materials (Official Gazette of RS No. 27/11 from April 12, 2011) In force: April 12, 2011 In preparation Recommendation of SRPNA on implementation of a NM accountancy and control system NM users Protocol Additional to the Agreement for the Application of Safeguards in connection with NPT Serbian Radiation Protection and Nuclear Safety Agency 5
Law on radiation protection and nuclear safety 36/09 and 93/12 Article 58 Nuclear material accountancy and control The holder of the license producing, processing, using or storing nuclear materials is obliged to keep records on these materials in line with ratified international agreements, and to submit relevant records to the SRPNA. SRPNA prescribes the manner of record keeping on nuclear materials from paragraph 1 of this Article. SRPNA keeps the central register on nuclear materials and supervises the record keeping performed by the holder of the license from the paragraph 1 of this Article. Serbian Radiation Protection and Nuclear Safety Agency 6
Law on radiation protection and nuclear safety 36/09 and 93/12 Article 59 Supervision and Inspection of the IAEA The Holder of the license for performing nuclear activity is obliged to ensure, for the representatives of the IAEA, in line with the international agreements, to perform supervision and inspection over nuclear materials from the Article 58 of this Act. For the purpose of supervision and inspection from the paragraph 1 of this Article, the holder of the license to perform nuclear activity is obliged to ensure: specific site and installations for setting up and undisturbed operating of the equipment prescribed for nuclear materials supervision; placing a seal and other appropriate equipment for supervision and inspection over nuclear materials. The holder of the license from the paragraph 1 of this Article is obliged to ensure seal immunity and conditions for undisturbed operating of the equipment for supervision and inspection over nuclear materials. Serbian Radiation Protection and Nuclear Safety Agency 7
Law on radiation protection and nuclear safety 36/09 and 93/12 Article 84 Penalty provisions / Enforcement The fine amounting from RSD 1,500,000 to 3,000,000 shall be imposed for an economic offence on a legal person if... 11) fails to keep the required records on the nuclear materials (NM) produced, reprocessed, used or stored or fails to submit the data from such records to the Agency (Article 58, Paragraph 1); 12) fails to allow the control and supervision over its NM to the representatives of the IAEA in accordance with the international agreements (Article 59, Paragraph 1); 13) for the purpose of conducting the control and supervision over NM fails to provide the place and installations for placing and smooth operation of the required equipment for the control of NM and placing a seal and other required equipment for the control and supervision of NM and fails to provide the conditions for the seal integrity and smooth operation of the equipment (Article 59, Paragraphs 2 and 3) Serbian Radiation Protection and Nuclear Safety Agency 8
Safeguards in the Republic of Serbia Agreement between the SFRY and the IAEA for the Application of Safeguards in connection with the NPT (Official Gazette of SFRY No. 67/73) INFCIRC/204 concluded between the IAEA and Yugoslavia in force since December 1973 Signed: May 26, 1972 by the SFRY and the IAEA DG Based on the model of so-called comprehensive safeguards agreement under INFCIRC/153, enacted by the IAEA in 1971 The agreement signed with SFRY was transferred to the Republic of Serbia by succession Since then IAEA SG inspections carried out regularly to this date. 78/164/Euratom vs. Law (Official Gazette of SFRY No. 67/73): Key difference found in Article 23 where it clearly states that every new member of the EU approaches 78/164/Euratom and suspends all prior SGA with the IAEA Serbian Radiation Protection and Nuclear Safety Agency 9
Safeguards in the Republic of Serbia: Infrastructure and Key Roles Serbian Radiation Protection and Nuclear Safety Agency (SRPNA) - established in Dec 2009 by Law (Official Gazette of RS No. 36/09 and 93/12) Safeguards regulatory authority Manages the central register/information on nuclear facilities, accounting for and control of NM, oversight of all NM subject to safeguards Point of Contact person responsible for nuclear material accountancy in the Republic of Serbia and facilitating the IAEA inspections Users of nuclear materials (Vinča Institute of Nuclear Sciences and PC Nuclear facilities of Serbia) Nuclear Material Accountancy and Control at facility level to establish the quantities and locations of the NM present in a nuclear facility and their changes Containment and surveillance measures to monitor access to, or movements of, the nuclear material and other measures to be used at the facility Design Information Contact point person responsible for provision of timely, correct and complete reports to SRPNA and for hosting the IAEA inspections Ministry responsible for nuclear safety and radioactive waste management Inspection Serbian Radiation Protection and Nuclear Safety Agency 10
Safeguards in the Republic of Serbia: Infrastructure and Key Roles Public company Nuclear Facilities of Serbia established in June 2009 by Law (Official Gazette of RS No. 36/09 and 93/12) Article 48a Management of nuclear facilities in the Republic of Serbia is the category of public interest. For the activities in paragraph 1 of this Article a public company shall be established. RA research reactor LEU 2%: metal U; HEU 80%: UO 2 in Al August 2002 - fresh HEU fuel shipped to Russian Federation December 2010 - Spent nuclear fuel (6656 LEU FE + 1374 HEU FE) repatriated to Russian Federation RB research reactor Natural U and LEU fuel After 2010 the complexity of submitted annual reports and of conducted IAEA SG inspections is highly reduced Serbian Radiation Protection and Nuclear Safety Agency 11
Rulebook on procedure of keeping records of nuclear materials 27/11 Bylaw is in effect since 2011 Transposes the provisions of the Commission Regulation 302/2005/Euratom into the domestic legal system up to the extent possible Applies to the license holders: in the Republic of Serbia a license holder can only be a legal entity registered in the Republic of Serbia Provisions which cannot be transferred / are not applicable: - those related to Additional Protocol implementation - those referring to nuclear weapon states To be adjusted: definitions derived from the Law (Official Gazette of RS No. 36/09 and 93/12) do not match definitions stated in Article 197 of the EURATOM Treaty. It is expected to be in full compliance until the accession date. 302/2005/EURATOM Serbian Radiation Protection and Nuclear Safety Agency 12
Recommendations and Guidelines of SRPNA Recommendations on implementation of NM accountancy and control system by the NM users 2009/120/EURATOM Draft recommendation prepared, according to 2009/120/Euratom recommendation. Currently under internal revision Planned to be made available for NM users. Guideline on the application of safeguards 2006/40/EURATOM Guidelines not prepared. It is expected to be finalized until the accession date. Serbian Radiation Protection and Nuclear Safety Agency 13
Protocol Additional to the Agreement for the Application of Safeguards in connection with NPT Letter of intent sent to the IAEA Secretariat (following the conclusions from 56 th session of the Council of Ministers of Serbia and Montenegro, September 9, 2004) Protocol Additional to the Agreement for the Application of Safeguards in connection with the Treaty on Non-Proliferation of Nuclear Weapons was signed on July 3, 2009 in Belgrade, during the visit of Mr Mohammad EL BARADEI, IAEA DG 1999/188/Euratom vs. Serbian AP text: Basic difference in texts is the distribution of responsibilities between the Community and the MSs with regard to the submission of the declaration (Article 2) and added Annex III. Serbian Radiation Protection and Nuclear Safety Agency 14
Additional protocol in the Republic of Serbia www.dp.gov.rs 1 st workshop on AP implementation (Belgrade, 11-12-Jul-2011) 2011 AP team: targeted outreach (since Sep 2013) 2012 2013 2014 Outreach seminars for industry, universities and research institutes (Belgrade, 20-21-Nov-2013) AP team: glossary, AP brochure (June 2013) AP Commodity Identification Training (Belgrade, 30-Oct to 1-Nov-2012) AP team established and action plan prepared in SRPNA (August 2012) 4 th International Meeting on Next Generation Safeguards (Vietnam, 3-5-Jul-2012) International Workshop on the Additional Protocol (USA, 16-27-Apr-2012) Seminar on AP for High-Level Policy Makers (Belgrade, 1-2-Feb-2012) AP website and forms (April 2014) PLANNED: AP procedures (Fall 2014) PLANNED: CA workshop (Fall 2014) Seminar for Serbian businessmen Control of the export of arms, military equip. and dual-use goods (06-Dec-2013) AP team: presentations, materials, meetings (Jul-Oct 2013) Serbian Radiation Protection and Nuclear Safety Agency 15
Future AP implementation in the Republic of Serbia: Infrastructure and Key Roles Serbian Radiation Protection and Nuclear Safety Agency (SRPNA) Coordinates all activities within the AP implementation Preparation and submission of country declaration to the IAEA Coordinating a CA host team and IAEA inspections on national level Users of nuclear materials (Vinča Institute of Nuclear Sciences and PC Nuclear facilities of Serbia) Contact point person responsible for declaring all acitvities according to AP and hosting CA inspections Other legal entities Contact point person responsible for declaring all activities according to AP and hosting CA inspections Ministry responsible for nuclear safety and radioactive waste management - inspection Serbian Radiation Protection and Nuclear Safety Agency 16
Additional protocol in the Republic of SRPNA Serbia: ratification process Draft Law on AP ratification - AP text (Serbian/English) - Reservations, interpretative declarations/ statements - Financial provisions - Competent Authority for AP implementation Rationale Ministry of Education, Science and Technological Development Ministry of Foreign Affairs Initiates AP ratification procedure GOVERNMENT Determines bills NATIONAL ASSEMBLY Enacts Law on Ratification Opinions sought from state administration MFA MF RLS... Serbian Radiation Protection and Nuclear Safety Agency 17
t Thank you for your attention Serbian Radiation Protection and Nuclear Safety Agency International Cooperation and Project Management Unit Serbian Radiation Protection and Nuclear Safety Agency 18