Session Title Regulatory and Institutional Issues IAEA Regulations

Session Title: Regulatory and Institutional Issues: IAEA Regulations from Past to Future Presentation Title: Overview of Recommendations from the 2011 Safe and Secure Transport Conference Nancy Capadona International Atomic Energy Agency, Austria

Overview of Recommendations from the 2011 Safe and Secure Transport Conference Nancy Capadona Kasturi Varley Department of Nuclear Safety and Security International Atomic Energy Agency Christopher Bajwa E. William Brach Department of Nuclear Safety and Security International Atomic Energy Agency Chair Transport Safety Standards Committee

Overview END • 2011 – Conference on the Safe and Secure Transport of Radioactive Material • 2012 – Technical Meeting to produce a Follow-up report to the 2011 Conference on the Safe and Secure Transport of Radioactive Material - TM-43650 • 2013 – Technical Meeting to Produce Consolidated Drafts of the IAEA’s New Transport Safety Standards Taking into Account the Results of the 2011 International Conference on the Safe and Secure Transport of Radioactive Material – TM-44897 • 2014 – Technical Meeting to address additional topical areas October 2021 Contents

2011 Conference END • President’s findings – Harmonization – Denial of shipments – The current scientific basis – The standard transport conditions assumptions – Safety requirements and security recommendations – UN modal bodies – National implementation and industry compliance – Emergency Response – Liability October 2021 4 Contents

Harmonization END • There must be harmonization of the framework at all levels, including at the IAEA fundamentals level. • The transport regulatory system (both safety and security) needs to be harmonized globally to avoid conflicts and varying requirements. • Harmonization between safety and security requirements should be maximized • Harmonization between IAEA and other UN organizations is important. October 2021 5 Contents

Denial of shipments END • Denial of shipments continues to be a problem which must be addressed. • Denial of shipments can adversely affect security • Efforts to reduce denials have both safety and security benefits • Denial of shipments hinder radioactive source returns as well as beneficial uses involving radioactive material. October 2021 6 Contents

The current scientific basis END • A risk based graded approach to safety and security is important. October 2021 7 Contents

The standard transport conditions assumptions END • Accidents can happen. The level of safety provided by the regulations continues to be high, but the regulations should be reviewed and revised as necessary. • Security is and will remain essential. There are existing conflicts between safety and security which need to be addressed and resolved however, having regard to the necessity of confidentiality to ensure security October 2021 8 Contents

Safety requirements and security recommendations END • Coherence between the different language versions of the safety and security requirements is important • Safety and security requirements should be as consistent as possible to facilitate simultaneous application • Failure to consider the cost and complexity of implementation of regulations can lead to their avoidance. • Regulations should be changed when needed, but only when needed. October 2021 9 Contents

UN modal bodies END • Consistency between IAEA, IMO and ICAO regulations and thereafter IATA and national regulations is important to helping avoid denial of shipments and to fostering increased compliance October 2021 10 Contents

National implementation and industry compliance END • To raise regulatory capacity worldwide • IAEA requirements are implemented by Member States but in very different ways and with different editions of the regulations being used. This will continue to create implementation problems • Approvals should follow IAEA requirements to facilitate international transport October 2021 11 Contents

Emergency Response END • International, multi-lateral, regional and bilateral cooperation • Coastal States remain concerned about lack of information • States should consider using the IAEA's services in emergency preparedness and emergency response • For maritime emergency, IMO leads October 2021 12 Contents

Liability END • Liability coverage in ways comparable to non -nuclear liability conventions – Nuclear liability conventions – many States' national legislation • Some States feel these conventions do not provide an adequate liability regime for transport of nuclear material October 2021 13 Contents

2012 Follow Up Meeting (TM 43650) END • Purpose: – Review 2011 Transport Conference President’s Findings – Recommend actions for IAEA consideration • Addressed both transport safety and security • Well attended with representatives from 17 countries and 2 non-governmental organizations • Issues involving liability are addressed by the International Expert Group on Nuclear Liability (INLEX)] • TM concluded that seven overarching actions would contribute to the safe, secure, and sustainable future transport of radioactive material – Eighty specific recommended actions were also identified October 2021 14 Contents

Overarching Recommended Actions END 1. Improve UN Inter-Agency Coordination 2. Facilitate transport through training and communication 3. Improve Member State/regional coordination and implementation of transport safety and security programs 4. Improve interface/coordination of transport safety/security at all levels 5. Achieve harmonized regulations/guidance for transport safety/security 6. Provide assistance to Member States and regional networks to develop need-based capabilities 7. Engage Member States, non-governmental organizations and industry to identify areas to be addressed to sustain safe and secure transport October 2021 15 Contents

Topical Areas/Recommended Actions END • Recommended actions were grouped under the eight topical areas identified in the Transport Conference President’s Findings: 1. 2. 3. 4. 5. 6. 7. 8. Harmonization (8 actions) Denial of Shipments (11 actions) The Basis of the Provisions (11 actions) Safety Requirements and Security Recommendations (9 actions) National Implementation and Industry Compliance (10 actions) Emergency Response (11 actions) Communication (7 actions) Regional Considerations (12 actions) October 2021 16 Contents

Consideration of Recommended Actions END • Some actions are replicated under the topical areas, for example: § Continue with transport safety work plan § Continue with International Steering Committee action plan – Some actions are process and organizationally focused, for example: § Learning from experience should be incorporated in training § Enhance Inter‐Agency work, e. g. attend meetings at other UN bodies § Closer cooperation with UN bodies covering all transport issues • Some actions are focused on regulations and guidance, for example: § Harmonize transport regulations § Consider risk analysis to guide priorities October 2021 § Provide guidance for customs to facilitate shipments 17 Contents

2013 Follow Up Meeting (TM 44897) END • The TM had several specific recommendations and findings: – Split of para. 417 in SSR-6 – Modify the definition of package by removing excepted package from the list of “package types” – Remove the term “confinement system” from Regulations – NST 022 could potentially impact delay and denial in a positive manner – To expand the subsection in Chapter 3 dealing with “Training” to also address “Education” – Difference of requirements for UN Packing groups and IAEA types of packages (eg. Industrial Packages) October 2021 18 Contents

2013 Follow Up Meeting (TM 44897) cont. END – Limited quantity, Excepted quantity vs Excepted package – Assessment of special provisions of UNOB, applicable for radioactive material – To use the Schedules as a basis to improve Class 7 requirements in the table of Chapter 3. 2 in UNOB and the modal agreements/regulations – Simplification of regulations should be identified as an area for further study. – TS-G-1. 2 should provide guidance on the radiological impacts of an event and to recognize that most transport events do not have any radiological impacts October 2021 19 Contents

2014 – Follow up END • TM will be scheduled to discuss: – Denials of shipment – Harmonization – Communications October 2021 20 Contents

Questions ? END Thank you October 2021 21 Contents