Review of Legislation on Radioactive Material Transport

 planning activities aimed at ensuring the minimum level of generation of radioactive waste

 organization of the safe handling of radioactive waste (collection, processing, storage) until the transfer of radioactive waste for disposal

 the creation of a state system for preparedness for the elimination of accidents at radiation facilities

 creation, planning and coordination of the training system

 implementation of the national targeted environmental radioactive waste management program

 the creation and operation of a unified state system for recording radioactive waste, as well as their storage facilities

 coordination of work on the creation of new radioactive waste storage facilities

 coordination of research and development activities

 installation, repair and adjustment of devices, installations and apparatus, the action of which is based on the use of ionizing radiation

 mining and processing of uranium and thorium ores and uranium and thorium-containing materials

 decommissioning and waste disposal

 control over the fulfillment of obligations to ban the development or acquisition of nuclear weapons or other nuclear explosive devices

 implementation of international treaties, development of international cooperation in the field of radiation safety and strengthening the international security regime and radiation protection of the population

 state licensing and inspections, establishing the frequency of supervision of objects in various industries, depending on the degree of risk of their activities

 restoration of control over radioactive sources that were left unattended, lost, put in the wrong place, stolen or transferred without proper official permission.

Based on the amendments to the existing laws, work will begin on updating the Priority Action Plan in the field of radiation safety and the development of new strategic programs. The new regulatory documents will then set clear requirements for the applicant, for example, requirements for: the organizational structure; staff competency; physical protection; material and financial resources; radiation protection of personnel, the public and the environment, etc.

Currently, the following regulatory documents are in force in the Kyrgyz Republic to manage the process of transporting radioactive materials:

 Law of the Kyrgyz Republic Technical Regulations “On Radiation Safety” [3]

 Regulation on the procedure for exercising export control over controlled products in the Kyrgyz Republic. Resolution of the Government of the Kyrgyz Republic dated October 27, 2010 No. 257 [7]

 Law on state regulation of foreign trade activities in the Kyrgyz Republic, dated July 2, 1997 N 41 [8]

 Qualification requirements for activities on the transportation of nuclear materials, radioactive substances, radioisotope sources of ionizing radiation, radioactive waste, in Annex 6 of the Decree of the Government of the Kyrgyz Republic (DGKR) dated August 05, 2015 No. 558 [9]

 Requirements for radiation safety instructions for organizations engaged in the management of radionuclide sources and radioactive materials, as well as devices that generate ionizing radiation, in Annex 7 of the DGKR dated August 05, 2015 No. 558 [10]

 Rules for the transport of dangerous goods by road, DGKR dated April 11, 2016 №198 [11].

For transport it is important to follow the IAEA Safety Standard “Regulations for the Safe Transport of Radioactive Material, SSR-6, 2018 Edition” which is binding for Member States. Thus, the existing regulatory framework in the field of transport must comply with requirements that are periodically

reviewed and updated by the international community. The regulatory framework that is relevant to nuclear and radiation safety (Government Decree No. 558 of 08/05/2015 [10] and the Technical Regulation on Radiation Safety [12]) should be revised in any case, since amendments will be made to the basic laws for this area of radiation safety. There is also a need to develop regulatory documents meeting international requirements (i.e. SSR-6 [13]), including:

 Rules for “Fundamentals of the Safe Transport of Radioactive Substances in the Kyrgyz Republic”

 Procedure for the transport of radioactive materials through the territory of the Kyrgyz Republic

 Regulation on planning measures and actions in case of accidents during the transport of radioactive materials

 Procedure for issuing certificates for the safe transport of radioactive materials

 Safety requirements and conditions (licensing conditions) for the transport of radioactive materials;

and

 Reference material for the Nuclear and Radiation Safety Regulations for the transport of radioactive materials.

In addition to the qualification requirements for transportation activities [9] and containing a brief basic list of requirements necessary to determine the situation, a more detailed regulatory document is needed to implement all aspects of safety in accordance with international requirements. The new Rules “Basics of the Safe Transport of Radioactive Substances in the Kyrgyz Republic” are necessary in order to establish the functions and responsibilities of organizations involved in the transport of radioactive materials and government and regulatory authorities, and their interaction. It is also necessary to establish emergency response and intervention requirements to ensure the emergency preparedness of organizations involved in the transport of radioactive materials and rules of liability insurance of legal entities engaged in the transport of dangerous goods in the event of adverse effects during the transport of dangerous goods.

Transportation of radioactive materials in the Kyrgyz Republic is carried out by rail, road and air transport.

The following organizations are responsible for compliance with the standards for the transport of radioactive goods: shippers (packaging and control of radiation levels in accordance with IAEA

requirements for transportation across the border, obtaining permits) and cargo carriers (cargo protection, personnel protection during transportation), as well as:

 Ministry of Economic Development (issuance of a license for the import of radioactive materials, approval of a checklist of hazardous substances, export control of controlled products, statistics on HS codes);

 SRCEPES (issuance of a permit for registration of an import license);

 Ministry of Internal Affairs (issuance of permits for the transport of dangerous goods);

 The customs authority / border service when crossing goods across the border (primary control of the radiation level);

 Interdepartmental commission in case of detection of violations during cargo transportation

(SRCEPES, DDPSSES, SIETS, Ministry of Emergencies, customs authority, Ministry of Internal Affairs, etc. in essence).

Rail transport is currently used to transport raw materials and finished products associated with uranium production. For example, until 2015, OJSC “Kara-Balta Mining Plant” carried out transportation from the Republic of Kazakhstan to Kyrgyzstan and back of uranium-containing leaching products in 5-ton containers and uranium oxide in 0.5-ton barrels loaded in 20 tons sea container. Transportation, labeling and radiation monitoring were carried out in accordance with the requirements of the IAEA Safety Standards: TS-R-1 “Rules for the Safe Transport of Radioactive Materials” (superseded in 2018 by SSR-6 [13]). The requirement to comply with the Rules for the Safe Transport of Radioactive Materials when transferring radioactive goods across the state border is established in the Law of the Kyrgyz Republic Technical Regulations “On Radiation Safety”. At the beginning of 2019, OJSC “Kara-Balta Mining Plant”

considered the possibility of using railway transport to move the uranium-thorium ore concentrate from the Kyzyl-Ompul deposit throughout the territory of the Kyrgyz Republic. However, as a result of negative public opinion within the population of the Issyk-Kul region, a bill was approved in December 2019 by the Parliament and President of the Kyrgyz Republic banning the development of uranium deposits and their export and the processing of ore containing uranium.

The current Rules for the transport of dangerous goods by road [11] establish the procedure for

transporting all dangerous goods, including radioactive materials, on the roads of the Republic, requiring the carrier to agree on the transport route with the Ministry of Internal Affairs (General Directorate of the patrol police). The following are to be taken into account when choosing a transportation route:

 If possible, the transportation route should not pass through populated areas, near industrial facilities, water protection zones and lanes, recreation areas, nature reserves and architectural monuments.

 In the case of transportation of dangerous goods within large populated areas, routes should not pass near spectacular, cultural, educational, educational, preschool, medical institutions, markets, etc. A vehicle route map is drawn up showing the roads and streets the vehicle should follow.

 In the scheme of the transportation route, parking places, fueling stations and dangerous sections of roads are indicated (dangerous sections of roads are indicated by the subdivision of the Ministry of Internal Affairs, with which the route is coordinated).

The main condition for ensuring safety during transportation of radioactive materials in accordance with Article 18 of the Law “On Radiation Safety” [3] is to limit radiation levels from packages and vehicles arising from radioactive contamination of surfaces and release of radioactive substances from packages.

However, the Law does not establish that the shipper is directly responsible for the safe transport of radioactive materials. Prior to transporting radioactive materials, the shipper is required to contact laboratories to determine the dosimetry characteristics of the radioactive goods / materials to be loaded into transport vehicles. The requirements for dosimetry measurement points are set out in the Technical Regulations [12] and are consistent with the IAEA requirements. Laboratory test forms provided by the shipper must be with the driver or the person responsible for transportation.

Regarding dosimetry studies, the radiation safety regulatory authority should establish the following requirements:

 Requirements for laboratories carrying out dosimetry studies (competence, independence, availability of qualified knowledge about dose loads).

 Requirements for the level of knowledge of the personnel of the Ministry of Internal Affairs engaged in obtaining permits for the transport of radioactive materials.

 Requirements for monitoring the driver’s workplace.

 Labeling requirements for cargo.

 Requirements for the level of knowledge of personnel (shipper, driver) in case of an emergency.

Liability insurance of a carrier of dangerous goods is compulsory according to the Law of the Kyrgyz Republic of 04.08.2008 No. 188). Insurance policies can be purchased at the border.

Certificates for the approval of the vehicle and driver are also required in accordance with the Rules [11], along with the coordination of the route and conditions of safe transportation. There is also information that during transportation of explosive materials and highly toxic and radioactive substances, it is

necessary to register the vehicle with an authorized state body in the field of environmental and technical safety. Appendix 9 to the Rules [11] provides the format of an emergency information system card, which is required to be on board transport vehicles.