Lithuania - Transport - school drafting regulations rev 1

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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 V1271/22.3-139, 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.
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(country name)
IAEA Workshop on
Drafting Regulations, 3
Nov-14 Nov 2014
Page
8
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.
a.
b.
c.
d.
e.
f.
Radioactive materials used in your country (Ir192, Co60, Cs137, Am241, Ni63,
Tc99, F18, I131, I125, etc.);
Type and quantity of facilities using radioactive materials (medical – 6, industry
– 38, science & education – 9, other – 25);
Types of packages used (excepted package, type A, B(U) package);
Number of packages transported by year (30 – 40);
More relevant shipments (import of sealed sources);
Point of entry, exit, transit routes (airport or other border crossing point);
Who can inspect packages/shipments
1. 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.
b.
c.
d.
e.
f.
g.
h.
i.
Do you have a national response plan? (Yes)
Is response to transport accidents/incidents covered in that? (Yes)
Are the proper authorities involved? (Yes)
Is the appropriate equipment available? (Yes)
Are responders properly trained? (Yes)
Do you have notification requirements? (Yes)
What about members of the public? (included)
When was the last emergency exercise for transport? (few years ago)
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 noncompliance (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.
IAEA
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