Ukraine adapts nuclear legislation to EU standards

27/ 09/ 2022

On 20 September 2022, the Parliament approved three draft laws in the first reading: No. 6425, No. 5860, No. 3869, which introduce several important changes to the legislation in the field of nuclear energy for its harmonization with the EU law, in particular: optimization of permitting activities in the field of nuclear energy use change of State Nuclear Regulatory Inspectorate of Ukraine (hereinafter – SNRIU) competence and improvement of terms in the field of nuclear energy use introduction of radiation protection experts Optimization of permitting activities in the field of nuclear energy use Draft Law No. 6425 On Amendments to the Law of Ukraine On Permitting Activities in the Field of Nuclear Energy Use regulates the issuance of permits in the field of nuclear energy use in accordance with Council Directive 2013/59/Euratom. The amendments provide for: informing about the intention to conduct activities using ionizing radiation sources grounds for leaving the application without consideration change of terms for verification of documents submitted for implementation of various activities in the field of nuclear energy use procedure for withdrawal of documents from license files exclusion of the possibility of license re-processing change of grounds for making changes to the license Change of SNRIU competence and improvement of terms in the field of nuclear energy use Draft Law No. 5860 On Amendments to the Law of Ukraine On Nuclear Energy Use and Radiation Safety harmonizes the terms used in the law with EU law. In addition, the SNRIU competence is changed. The SNRIU board will no longer approve the list of documents required for radiological control at the state border. Currently, such control is carried out by the State Border Guard Service of Ukraine together with the State Environmental Inspectorate of Ukraine, and the SNRIU is not involved in such control. In addition, the law does not refer radiological control at the state border to activities in the field of nuclear energy use. The SNRIU will organize check-up of its activities and legislation in the field of nuclear energy use. Such check-up will be conducted at least once every ten years with the participation of international experts. The inspection board will inform foreign states on the results of such check-up upon request. Introduction of radiation protection experts The draft law No. 3869 On Amendments to the Law of Ukraine On the Use of Nuclear Energy and Radiation Safety on Radiation Protection Expert introduces radiation protection experts. Such persons will advise entities in the field of nuclear energy use on compliance with nuclear and radiation safety. The involvement of such experts is provided by Council Directive 2013/59/Euratom. The draft law also establishes the procedure for submitting documents to confirm competence and the grounds for such refusal. A person wishing to become a radiation protection expert must submit an application with a list of relevant documents to the SNRIU. The SNRIU board makes a decision on recognition or refusal to recognition of competence within one month. Recognition of competence is granted for a period of up to five years with the possibility of renewal. The Government should also approve the regulation that will define the requirements for the scope of knowledge, skills of experts and their qualification characteristics. Such changes in nuclear legislation bring Ukrainian legislation closer to the European one. Moreover, they will contribute to the development of this sphere. For more information, please contact Asters Partner Yaroslav Petrov.

optimization of permitting activities in the field of nuclear energy use
change of State Nuclear Regulatory Inspectorate of Ukraine (hereinafter – SNRIU) competence and improvement of terms in the field of nuclear energy use
introduction of radiation protection experts

Optimization of permitting activities in the field of nuclear energy use

Draft Law No. 6425 “On Amendments to the Law of Ukraine “On Permitting Activities in the Field of Nuclear Energy Use” regulates the issuance of permits in the field of nuclear energy use in accordance with Council Directive 2013/59/Euratom.

The amendments provide for:

informing about the intention to conduct activities using ionizing radiation sources
grounds for leaving the application without consideration
change of terms for verification of documents submitted for implementation of various activities in the field of nuclear energy use
procedure for withdrawal of documents from license files
exclusion of the possibility of license re-processing
change of grounds for making changes to the license

Change of SNRIU competence and improvement of terms in the field of nuclear energy use

Draft Law No. 5860 “On Amendments to the Law of Ukraine “On Nuclear Energy Use and Radiation Safety” harmonizes the terms used in the law with EU law.

In addition, the SNRIU competence is changed. The SNRIU board will no longer approve the list of documents required for radiological control at the state border. Currently, such control is carried out by the State Border Guard Service of Ukraine together with the State Environmental Inspectorate of Ukraine, and the SNRIU is not involved in such control. In addition, the law does not refer radiological control at the state border to activities in the field of nuclear energy use.

The SNRIU will organize check-up of its activities and legislation in the field of nuclear energy use. Such check-up will be conducted at least once every ten years with the participation of international experts. The inspection board will inform foreign states on the results of such check-up upon request.

Introduction of radiation protection experts

The draft law No. 3869 “On Amendments to the Law of Ukraine “On the Use of Nuclear Energy and Radiation Safety” on Radiation Protection Expert” introduces radiation protection experts. Such persons will advise entities in the field of nuclear energy use on compliance with nuclear and radiation safety. The involvement of such experts is provided by Council Directive 2013/59/Euratom.

The draft law also establishes the procedure for submitting documents to confirm competence and the grounds for such refusal. A person wishing to become a radiation protection expert must submit an application with a list of relevant documents to the SNRIU. The SNRIU board makes a decision on recognition or refusal to recognition of competence within one month. Recognition of competence is granted for a period of up to five years with the possibility of renewal.

The Government should also approve the regulation that will define the requirements for the scope of knowledge, skills of experts and their qualification characteristics.

Such changes in nuclear legislation bring Ukrainian legislation closer to the European one. Moreover, they will contribute to the development of this sphere.

For more information, please contact Asters’ Partner Yaroslav Petrov.