Legal Framework for the Control of Radioactive Material in Nigeria

By

Abdulhadi Abdullahi Esq

Assistant Director/ Secretary

National Institute of Radiation Protection & Research, University of Ibadan

NIGERIAN NUCLEAR REGULATORY AUTHORITY

9th June 2015Nigerian Customs Service . Ibadan

ObjectiveTo highlight the importance and provisions of the

Nuclear Safety and Radiation Protection Act 19, 1999.

Nigerian regulations for the safety and security of radioactive sources

Aims & Objectives of the MoU

9tth June 2015Nigerian Customs Service Ibadan

OutlineLegal Framework

International Framework

Nigerian Regulations for the safety and security of radioactive sources

MoU Between NNRA & NCS

Challenges & Recommendation

Conclusions

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Legal Framework (Functions)Section 4. the Authority shall be charged with the

responsibility for nuclear safety and radiological protection regulation in Nigeria

S,4a. regulate the possession and application of radioactive substances and devices emitting ionizing radiation;

S.4b. ensure protection of life, health, property and the environment from the harmful effects of ionizing radiation, while allowing beneficial practices involving exposure to ionizing radiation:

Legal Framework (Functions)S.4d. perform all necessary functions to enable

Nigeria meet its national and international safeguards and safety obligations in the application of nuclear energy and ionizing radiation

S.4e. advise the Federal Government on nuclear security, safety and radiation protection matters: and

S.4f. liaise with and foster co-operation with international and other organizations or bodies concerned having similar objectives.

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Legal Framework (Powers) S.6a. categorize and license activities involving exposure to

ionizing radiation, in particular, the possession, production, processing, manufacture, purchase, sale, import, export, handling, use, transformation, transfer, trading, assignment, transport, storage and disposal of any radioactive material, nuclear material, radioactive waste, prescribed substances and any apparatus emitting ionizing radiation:

S.6b. establish appropriate register for each category of sources or practices involving ionizing radiation:

Legal Framework (Powers)S.6d. issue codes of practice which shall be binding

on all users of radioactive and prescribed substances, and of sources of ionizing radiation

S.6e. review and approve safety standards and documentation:

S.6f. protect the health of all users, handlers and the public from the harmful effects of ionizing radiation

Legal Framework (Powers)S.6h. establish in co-operation with other competent

national authorities, plans and procedures which shall be periodically tested and assessed for coping with any radiation emergency and abnormal occurrence involving nuclear materials and radiation sources

Legal Framework (Powers)S.6j. do everything necessary to ensure that all concerned

persons and bodies comply with laid down regulations under this Act.

Legal Framework (Powers)In exercise of its powers under. S.6j, NNRA established

a regulatory control regime:

Regulations and Guidance

Authorization

Oversight Functions

Ancillary Functions

Emergency Planning and Response

Legal Framework (Powers)

Regulations and Guidance

The Nigeria Basic Ionizing Radiation Regulations (NiBIRR) was issued in 2003. (Non practice specific)

Additionally, the following Seven (7) Regulations were also gazetted:

Nigerian Regulations for Radiation Safety in Radiotherapy Practice

Nigerian Regulations for Radiation Safety in Diagnostic and Interventional Radiology Practice

Legal Framework (Powers)Regulations and Guidance Nigerian Regulations for Radiation Safety in

Nuclear Medicine Practice Nigerian Regulations for Radiation Safety in

Industrial Radiography Practice Nigerian Regulations for the Transportation of

Radioactive Sources Nigerian Regulations for Radioactive Waste

Management, and Nigerian Regulations for Safety and Security of

Radioactive Sources

International Framework

The specific basis for the regulation for the safety and security radioactive sources is the IAEA Code of Conduct on the Safety and Security of Radioactive Sources

Other support documents are:

IAEA Guidance on Import/Export

TECDOC 1355 Security of Radioactive Sources

Categorization of Radioactive sources RSG 1.9

International Framework The Code - Scope

The Code applies to all radioactive sources that may pose significant risk to individuals, society and the environment (Categorization Table)

The Code does not apply to nuclear materials as defined in the Convention on the Physical Protection of Nuclear Material

The Code does not apply to radioactive sources within military or defence program

Security concern for nuclear and radioactive sources

Theft of nuclear materials and radioactive sources for their shielding material

Illegal transfer of radioactive materials

Sabotage and vandalization in the oil industry and major nuclear facilities

Temporary storage of itinerant radioactive sources

Legacy and orphan sources

Complacency

All radioactive sources are imported

Nigeria Safety and Security of Radioactive Sources Regulations

In exercise of the powers conferred by Section 47 of the Nuclear Safety and Radiation Protection Act 1995 and of all other powers enabling it in that behalf, the Nigerian Nuclear Regulatory Authority, with the approval of the President, issued the regulation.

Objective To achieve and maintain high level safety and security of radioactive sources by preventing unauthorized access, damage, loss, theft and or unauthorized transfer of radioactive sources so as to reduce the likelihood of accidental harmful exposure or the malicious use or act to cause harm to individual, society or the environment and to prevent intentional or inadvertent recycling of radioactive metals for other uses.

Application

(2) These Regulations shall apply to further the promotion of safety and security of radioactive sources and of the protection of individuals, society and the environment from the harmful effects of possible accidents and malicious acts involving radioactive sources.

6. Licence Applications

(1) No person or organisation shall import, transport, use, transfer ownership, dispose or export a radioactive source without an appropriate l icence from the Authority.

(2) All proposals from applicants to import, transport, use, transfer ownership, dispose or export a radioactive source shall specify the following in a written application to the Authority:

(a)the applicant’s name, address and telephone number;

(b)the description of the source or source containing equipment, including its quantity and unique identif iers, radionuclide and aggregate activity;

7. Exemptions R.7(1) These regulations do not apply to nuclear

materials as defined in the convention on the Physical Protection of Nuclear Material, except for sources incorporating plutonium-239

R.7(2) These regulations do not apply to radioactive sources within military or defense programmes

Objectives

. The NNRA signed the Memorandum of Understanding (MoU) with the Nigeria Customs Service (NCS) to checkmate illicit trafficking in nuclear and radioactive sources

The MoU was signed by the Prof. S. B. Elegba former DG/CEO of the NNRA and Buba Gyang the former Comptroller General of the NCS on the 18th July 2007 at Abuja

The role of the NNRA The NNRA is to designate Airports through which

ionizing radiation sources can be imported or exported

The NNRA is to conduct nuclear training for frontl ine border officers and guards in area of radiation awareness and radioactive detection equipment.

The NNRA is to train NCS on procedures to responds to detection of i l l icit trafficking in nuclear and other radioactive materials

The NNRA is to arrange to maintain and periodically calibrate the radiation detection equipment for the NCS

The role of the NNRAThe NNRA to provide the NCS at designated ports of entry

with quarterly personal dosimetry badges for monitoring exposures to ionizing radiation.

The NNRA to provide plans and specification to NSC for special storage facility at designated Airports, Seaports and Land borders for temporary storage of radiation sources confiscated or quarantined.

The NNRA to promptly notify the NCS of any changes, modification or repeal of its law, regulations and licences

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The role of NCS To develop appropriate strategic for the monitoring of

trans-boundary movement of nuclear and radioactive materials

Acquire appropriate portal monitors, radiation detectors, radiation survey meters and any relevant equipment to support effective monitoring of the country ports.

Develop appropriate skills of its officers by including in the NCS curriculum training in safety and security of radiation sources

The role of NCS To establish radiation sources dedicated desks at all

ports in the Country

Not permit export of any radiation substances unless the consignor produce a licence duly issued by the NNRA

The role of NCS Not to open any package or container bearing the

internationally recognized radiation warning symbol or any package or containers its officers have reason to believe may contain radiation sources unless an officer of the NNRA or approved expert is present to direct and supervise radiation safety procedure

NNRA & NCS jointly agreedThe NCS shall not loss or sell seized sources or destroy

packages/labels together with seized sources.

Both Agency to collaborate in prosecution where the infractions of the law affect both the Act and CEMA

NCS shall not release radioactive source in which it is not fully satisfy with the licence until it verifies from the NNRA

NNRA & NCS jointly agreedThe NNRA shall regularly update NCS with its list of

licenced importers, exporters and clearing agents of radioactive material

The NCS shall reports to the NNRA any radioactive source left for more than 30 days at its storage facility for action.

The NCS shall exchange data with the NNRA on import and export of radiation sources

Part III. Verification and Enforcement13. Offences and Penalties

(1) Any person who contravenes any of the provisions of these regulations has committed an offence.

(2) Any person who commits an offence under these regulations shall be liable to the penalties as established in the enforcement policy issued by the Authority

(3) The Authority shall impose penalties such as suspension, revocation of authorisation, imposing administrative fine, closure of facility or any combination of these

14. Appeals

 Any person or organisation may appeal to the Board of the Authority against any decision made by the Authority pursuant to these regulations.

Challenges & Recommendations

Both NNRA and NCS are partially implementing the provisions of the provisions of MoU.

Most important aspects of the MoU are yet to be implemented.

The MoU is internationally recognised and is in line with international best practice

There is the urgent need to revalidate this MoU as Nigeria prepares to acquire nuclear energy for power generations

ConclusionsNigerian Safety and Security of Radioactive Sources

Regulations incorporates international standards for safety and security of radioactive sources

Safety and security culture is for all concerned Nigerians and other citizens

The End

THANK YOU