ANNEX 3 of the Commission Implementing Decision on the Annual Action Programme 2013 for Nuclear Safety Cooperation to be financed from the general budget of the European Union Action Fiche for Jordan Nuclear Safety Cooperation 1. IDENTIFICATION Title/Number JO3.01/13 Provision of assistance related to developing and strengthening the capabilities of Jordan Nuclear Regulatory Commission (JNRC) and the radioactive waste management in Jordan Total cost Total estimated cost: EUR 2 million Total amount of EU budget contribution Instrument for Nuclear Safety Cooperation (INSC) Aid method / Method of implementation Project approach: DAC-code 23064 Direct centralised management –Procurement of services Sector 2. RATIONALE & CONTEXT 2.1. Summary of the action and its objectives Nuclear Safety This project participates to the establishment of the nuclear safety legal framework in Jordan by developing corresponding regulations and normative documents. It supports the national Regulatory Authority capacity building and addresses the radioactive waste management issue. 2.2. Context As Jordan’s existing power stations offer a total generation capacity of 2,400 megawatts, the country is forced to buy electricity from neighbouring Arab countries to meet its domestic needs. The rapidly increasing cost of oil, and almost complete dependence on foreign resources in a politically sensitive area and the expected availability of commercially mineable uranium ore, Jordan has embarked on a nuclear programme for peaceful purposes. Jordan has decided to start uranium mining; to construct a research reactor for research and for medical isotope production, and to construct a nuclear power plant 1 (NPP) for power generation. Jordanian energy plans envisage the NPP to be in operation by 2022. The national strategy plan foresees that by 2030 or 2040, nuclear power shall provide 30% of the country's electricity. To obtain support in the safe implementation of the nuclear programme and construction of the NPP, Jordan has concluded several nuclear cooperation agreements, e.g. with Canada, China, France, Russia, Spain, South Korea, and the United Kingdom. One of the pre-conditions for the above programme is to develop the necessary infrastructure starting from the legislative framework and the enhancement of capabilities of the regulatory body in order to ensure adequate control of nuclear activities and other uses applications of ionising radiation, from the point of view of the nuclear and radiation safety. In 2007, the former JAEC (Jordan Atomic Energy Commission) established in 2001 and previously reporting to the Ministry of Energy and Mineral Resources (MEMR had duties related to radiation protection and nuclear energy. Later it was divided in two independent entities - one still named JAEC and the other named the Jordan Nuclear Regulatory Commission (JNRC). The reason for this act was to separate promotional (JAEC) and regulatory (JNRC) functions of the state in line with the international safety standards and best practice. At present JNRC is independent but is not yet able to deal with the planned parallel applications for new nuclear activities (e.g. NPP development) according to the internationally accepted safety standards. This is one of the reasons why Jordan has applied for EU support for the JNRC. The JNRC has started to build up capabilities for the independent Technical Assessment and Review of Nuclear Licensee’s documentation and activities, which may lead to the foundation of an independent Technical Support Organisation (TSO) in the country. This TSO will be included in this project, if it is established during the timeframe of the project. Jordan has developed a strategy and legal requirements for radioactive waste management, but it requires support to bring this as much as possible in line with the relevant international standards (IAEA, EU directives and regulations) and best practice and experience. Jordan has a site for intermediate storage of radioactive waste under the responsibility of JAEC. It also has a disposal facility, which is part of a centralised disposal facility for hazardous waste under the responsibility of the Ministry for Environment. The management of the radioactive waste disposal facility needs to be improved in the area of occupational radiation protection. 2.3. Lessons learnt Lessons learned from previous EU projects JO3.01/08 and JO3.01/10 (see Section 2.4.), which started mid-March 2010 and September 2012 respectively will be taken into consideration in this project implementation. Initial results have shown the need for a follow-up project in order to reinforce the on-going regulatory activities and develop new ones. Cooperation between the EU and the Jordan authorities developed very efficiently during the first two projects. 2.4. Complementary actions This project is directly linked to the on-going project JO3.01/10 (see Section 2.4). 2 2.5. Donor coordination Jordan extensively benefits from technical cooperation programmes of the International Atomic Energy Agency (IAEA). For the years 2010-2011 the following IAEA Technical Cooperation projects have been carried out: Supporting a Technical and Economic Feasibility Study for a Nuclear Power and Water Desalination Plant (JOR/4/005); Establishing a Research Reactor (JOR/4/007). Preparing Regulations, Codes, Guides and Standards for a Nuclear Power Plant, Research Reactor and Radiation Facilities (JOR/9/009). The following IAEA Technical Cooperation projects are to be carried out in 20122013: Developing Nuclear Infrastructure for the Construction and Operation of a Nuclear Power Plant (JOR/2/007); Establishing a Uranium Extraction Laboratory and Quality System (JOR/2/008); Enhancing National Capabilities for Safety Assessment and Effective Use of the Research Reactor (JOR/1/005); Strengthening the Regulatory Capability of the Jordan Nuclear Regulatory Commission (JNRC) (JOR/9/010); Upgrading the Infrastructure for Radioactive Waste Management (JOR/9/011). The proposed project and activities will be coordinated with the above mentioned and other IAEA-funded projects (e.g. Regulatory Cooperation Forum, RCF). In addition, special attention will be given to cooperation activities of other donors (e.g. US Nuclear Regulatory Commission). JNRC will therefore give detailed information on any other projects within the Cooperation Plan to be established/ updated under Task 1 of this project. 3. DETAILED DESCRIPTION 3.1. Objectives The project will build on and complement the previous project JO3.01/10. It aims at improving (i) the legislative basis (i.e. laws) and developing regulations and supporting normative documents (e.g. guidance) for all aspects of nuclear and radiation safety, and (ii) the operational capability and training of the regulatory staff (both practical and normative aspects). Another objective is to support (iii) the improvement of the radioactive waste management in Jordan. 3 3.2. Expected results and main activities This project will consist of the following tasks: – Component A Support to the regulatory body – Task A1 Update of the Strategic Plan, the Action Plan and the Cooperation Plan in the field of capacity building for the enhancement of National Regulatory Body including an overview of the present situation Subtask A1.1 - Update of the Strategic Plan and the Action Plan This is a follow-up action of the first two cooperation projects between Jordan through the INSC programme. This task, together with sub-task A1.2, will provide input for continued cooperation. The Strategic Plan is a national development plan established by JNRC and assisted by the EU Consultant during project JO3.01/08. It is being updated under the JO3.01/10 project The Plan will be also updated, clearly describing Jordan’s needs, objectives and priorities in the regulatory field. Support will also be given to update the national Action Plan of the regulatory body. In this document JNRC’s short and medium term objectives should be clearly and realistically identified, taking into account the absorption capacity of JNRC, the availability of EU funds, as well as project implementation periods. The Action Plan shall outline the development and expansion of the JNRC for the next five years especially in view of licensing of the new NPP, a subcritical assembly, a 5 MW research reactor and the mining facilities. Subtask A1.2 - Update of the Cooperation Plan Based on the Action Plan and the Strategy Plan, the Cooperation Plan for INSC is to be updated, including an indication of the resources (personnel, technical, training components) required as well as mentioning any other possible donors' contributions. – Task A2: Assistance in the field of regulatory framework (legislation, regulations, and guidance) The task is a continuation of the EU support in establishing an effective regulatory framework, in particular in the development of the legislative pyramid in accordance with the international conventions, IAEA safety standards and EU directives, regulations and experience. It builds on the activities of the previous EU and other projects. The high level (primary) legislation is planned to be fully in place by the start of this project, but depending on the actual situation advice in this area may be given. The focus is expected to be on the implementation of the legislation. Support will involve review of legislative documents, such as regulations and guidance in the following areas: 4 The safe use of nuclear energy, Safety and security of radiation sources, Legal provisions of licences and permits, Financial provisions for licences and approvals, Radiation protection, Management of radioactive waste and spent fuel, Transport of radioactive materials, Mining and processing of mineral resources which may be radioactive such as uranium ore. Depending on the needs of Jordan the result of this task will be text proposals and recommendations for improvements. – Task A3: Assistance in the field of authorization (licences and permits) The application of the principles of nuclear and radiation safety in the development of a NPP and other nuclear facilities should be ensured from the first phases of its planning (siting) and design through the lifetime of the facility until decommissioning or until closure of a disposal facility, including post-closure period. This task is aimed at enabling JNRC and its eventual TSO to make adequate and best use of the experience of EU member states during technical review and licensing so JNRC will be able to enforce the up to date international safety standards from the beginning of those activities. Project activities will be dedicated to licensing activities, and training on regulatory review and assessment of new activities and facilities using radioactive material. Selected parts of the documentation submitted in support to licensing applications will be reviewed by EU experts in parallel with the review activities by JNRC (and/ or its Technical Support Organisation) experts. JNRC expects the following licensing activities in the scope of this project: assessment of an updated Preliminary Safety Analysis Report of the research reactor; application for a siting permit for a NPP, and a Preliminary Safety Analysis Report of one or more NPPs; application for new uranium mining activities and possible upgrades of the radioactive waste storage facilities. – Task A4: On-Site Support Organization(s) of JNRC to JNRC and the Technical Support The objectives of this task is to support a strong regulatory oversight performed by JNRC and its eventual Technical Support Organisation and to support them in enhancing their regulatory effectiveness in a number of main regulatory areas such as regulatory management practices, the development of regulatory competencies, the 5 establishment of regulations, review of safety assessment, conduct of licensing and inspection. In order to achieve these objectives, a consultant will give support, including on-site direct management support to the JNRC with EU experts, who have relevant practical regulatory and senior management experience. The EU experts will work together with the JNRC and its eventual Technical Support Organisation(s), focusing on management advice in all agreed areas, including management of regulatory activities in the JNRC, regulatory inspection and enforcement of nuclear and radiation safety. – Task A5: Training and qualification of JNRC staff This task shall support JNRC and eventual TSO staff to receive further training and to participate in national, regional and international conferences/workshops related to nuclear safety and radiation protection to strengthen their network and increase technical and regulatory competence. The existing training plan for the professional development of JNRC shall be updated and maintained. The plan shall take into account the programmes/events which are routinely proposed by international organisations (e.g. IAEA or EU training and tutoring project). The training must be based on the actual needs of JNRC staff. Necessary resources and a realistic schedule shall be included in the plan. The main general areas of the training are as follows: Basic training in regulatory control, Nuclear safety and radiation protection; Nuclear fuel cycle (from siting to decommissioning), Transport of radioactive material, Radioactive waste management (e.g. processing, storage and disposal), On-site regulatory inspections, objectives, approach, programme, and guidance. Civil structures, mechanical structures and components: safety requirements and regulatory review approach, inspection activity during construction Environmental and seismic qualification requirements for safety related system, structures and components Requirements for Probabilistic Safety Analysis and regulatory review approach and objectives, Support will not cover meetings where presence is a legal obligation. 6 – Task A6: Radiation protection of workers (guidelines, enforcement, and inspection of occupational exposure) instructions, The support will be oriented to radiation protection of workers in all applications with strong emphasis on the guidance for radiation protection in industrial applications. Recommendations will be made to the regulatory body on updating of legislation and requirements in line with theEU legislation. This will include advice on the regulatory use of the registry of occupational exposure, as well as support in training staff of JNRC or users of radioactive sources in methods and skills to enforce those requirements and ensure compliance with them through inspection. The initial phase of the task will be mapping the needs of the beneficiary and stakeholders. Needs for some additional specialized equipment can be identified for later procurement (future separate project). No supply of software or equipment is foreseen under this project. The general objectives are to help: developing written procedure for authorization, enforcement and inspection; developing instruction and procedures on radioactive waste management; developing instructions and procedures on emergency preparedness and response in relation with radiation facilities. To achieve these objectives, recommendations will be made to the regulatory body on updating of existing legislation and requirements in line with the EU legislation. The initial phase of the task will be mapping the needs of the beneficiary and stakeholders. Needs for some additional specialized equipment can be identified for later procurement (future separate project). No supply of software or equipment is foreseen under this project. The support will be oriented to radiation protection of workers in all areas and applications, but with a strong emphasis on the guidance for radiation protection in industrial applications. This will include in particular advice on the regulatory use of the registry of occupational exposure, as well as support in training staff of JNRC or users of radioactive sources in methods and skills to enforce those requirements and ensure compliance with them through inspection. – Component B Strengthening radioactive waste management in Jordan This component will help Jordan to implement the comprehensive radioactive waste management strategy. – Task B1: Framework analysis The existing status of the radioactive waste strategy and the relevant regulations will be analysed and improvements will be recommended based on EU legislation and experience and well as internationally accepted safety standards (e.g. IAEA), by involving the relevant stakeholders, including the Ministry for Environment, JNRC and JAEC. 7 – Task B2: Analysis of Radioactive Waste Generation and Management Infrastructure The actual radioactive waste management arrangements, including review of waste generators, distribution of responsibilities, available processing, storage and disposal facilities, transport (on and off-site) arrangements, nuclear security arrangements, emergency preparedness and environmental monitoring, will be analysed. The relevant installations include the JAEC waste storage facility, the central disposal facility at Swaqa site and mining facilities. The analysis will include a feasibility study for transferring used ionising radiation sources from the Swaqa Waste Disposal Site to the JAEC intermediate storage location. Improvements will be recommended, based on EU experience, EU legislation and IAEA safety standards. – Task B3: Training on Occupational Radiation Protection and Waste Safety A long term training plan will be developed for staff, which has to handle radioactive waste including waste disposal, for achieving and maintaining the necessary capabilities, based on EU legislation and experience. It will focus on radiation protection and waste safety (operational and post-closure). Staff at relevant locations for handling, processing, transporting, storing and disposing of radioactive waste management will receive proper training. 3.3. Risks and assumptions The project will take place in an unsecure region. Due to these developments the security situation in Jordan might deteriorate. This will be detrimental to the implementation of the project. Problems of governance could negatively affect the results to be achieved under the project. These risks are being mitigated by promoting inter-agency cooperation for example through the organisation of regular meetings between the main partners under this project. Effective implementation of the project depends on the full support from the national authorities and institutions identified as partners. Adequate monitoring during the project implementation phase will take place in order to detect at an early stage possible deficiencies. This monitoring will also be carried out to ensure that the partners will mobilise the necessary capacity and capability for the management of the project cycle as well as make the required human resources available. 3.4. Cross-cutting issues The project contributes to the improvement of the governance in the policy area of nuclear safety. It will enhance the capacity and regulatory capabilities of the Jordan National Nuclear Regulatory Commission and will increase the capacity of the authorities in charge of radioactive waste management. 8 The project tasks will contribute to the overall improvement of the living conditions of the population concerned, and to environmental sustainability. It will reduce the current health and environmental risks resulting from the present state of radioactive waste management and of contaminated sites. In particular, remediation of the most urgent problems of the legacy sites in Jordan will benefit the citizens by substantially reducing the exposure of the public to sources of ionising radiation. 3.5. Stakeholders The main stakeholders will be for component A: JNRC and its future Technical Support Organisation and for component B: JAEC and the Ministry of Environment. 4. IMPLEMENTATION ISSUES 4.1. Financing agreement In order to implement this action, it is foreseen to conclude a financing agreement with the partner country, referred to in Article 184(2)(b) of the Financial Regulation. 4.2. Indicative operational implementation period The indicative operational implementation period of this action, during which the activities described in sections 3.2. and 4.3. will be carried out, is 36 months, subject to modifications to be agreed by the responsible authorising officer in the relevant agreements. 4.3. Implementation components and modules 4.3.1. Procurement (direct centralised management) 4.4. Subject in generic terms, if possible Type (works, Indicative Indicative supplies, number of trimester of services) contracts launch of the procedure Support to Regulatory Authority Services 1 3/2015 Scope of geographical eligibility for procurement in direct centralised and decentralised management Subject to the following, the geographical eligibility in terms of place of establishment for participating in procurement procedures and in terms of origin of supplies and materials purchased as established in the basic act shall apply. 9 The responsible authorising officer may extend the geographical eligibility in accordance with Article 14(7) of the basic act on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the realisation of this action impossible or exceedingly difficult. 4.5. Indicative budget Module 4.3.3. – Procurement (direct centralised) Third party contribution 1.900 N.A. 4.7. – Evaluation and audit (indicative) 60 N.A. 4.8. – Communication and visibility (indicative) 40 N.A. 0 N.A. 2.000 N.A. Contingencies Totals 4.6. Amount in EUR thousands Performance monitoring The project will be subject to Results Oriented Monitoring providing valuable insights for each specific project but also on the performance of the contractor on the global tasks. Next to Result Oriented Monitoring the project will be monitored internally using traditional project management Key Performance Indicators (KPI), such as: Achievement of milestones, Progress reports and technical reports, Use of resources. The long term aspects will be based on Key Performance Indicators to be specified in the Terms of Reference (ToR). They will be defined so as to quantify the mediumlong term impact of the projects. The implication of the partner country in this evaluation exercise is important for the sustainability of the activities. Possible specific Key Performance Indicators could be: number of legislative documents developed/reviewed, training programme (material, number of staff trained), Technical Specifications for equipment. Each of the indicators should be amenable to an exercise of goal setting, whereby milestones for the values of the indicators can be set in conjunction with global strategic plans. 10 4.7. Evaluation and audit The project will be monitored in compliance with standard procedures. Monitoring and assessment should be based on periodic assessment of project activity progress, achievement of project outputs and its objectives. In addition to the follow-up and controls carried out on the spot, as necessary, by the Commission, including the European Antifraud Office (OLAF) and the Court of Auditors, projects shall be monitored on a regular basis by appropriately qualified specialists based in the field. Independent ex-post evaluations will be conducted periodically, in order to assess the relevance, effectiveness, efficiency and impact of the programme. 4.8. Communication and visibility Visibility activities will be implemented according to well-defined standards and rules: the EU visibility guidelines for external actions. These guidelines are a part of the contractual obligations of implementing partners/Consultants and must therefore be carried out in the same way as any other contractual element. On a regular basis, the Consultant will submit Progress Reports to the European Commission with copies to the Project Partner, the EU Delegation in the partner country, the EU Joint Research Centre and the EU Monitoring Team. The Consultant shall pay particular attention to the confidentiality of the data. Other deliverables dedicated to visibility may include: • an inception press release at the start-up of the project; • a final press release to be provided with the project final report; • a final presentation meeting for the dissemination of the project results organised by the Consultant. Other actions to disseminate results or increase the visibility of the EU action may be implemented in parallel to the present projects. 11