The Legal Framework of Nuclear and Radiation Safety
The Georgian Law on Nuclear Energy, on the basis of a differentiated approach, establishes the legal framework for ensuring radiation protection, nuclear safety and security, and defines the rights and duties of persons conducting activities connected with a source of ionizing radiation. The aims of the law are the protection of people and the environment from the harmful effects of ionizing radiation both at present and in the future, and the nuclear safety and security of the radiation source. Its tasks include the definition of national policy, the determination of the functions of the regulatory body — the Agency of Nuclear and Radiation Safety — and the implementation of international obligations. Non-ionizing radiation and the military use of ionizing radiation sources fall outside the scope of the law, as does nuclear and radiological activity excluded from regulation at levels established by the legislation.
Prohibited Activities and the Authorization System
The law categorically prohibits any action connected with the manufacture, possession and transfer of nuclear weapons and other explosive devices containing nuclear material, the direct or indirect control of such weapons and devices, cooperation with other countries for their creation, and the non-peaceful use of nuclear or other radioactive material; such actions entail the relevant liability defined by Georgian law. In the peaceful sphere an authorization system operates: the conduct of nuclear and radiological activity is subject to notification to the regulatory body or to authorization, and it is prohibited to conduct activity defined by the legislation without an authorization — a registration, a licence or a permit. The purpose of authorization is to ensure and control compliance with the conditions of radiation protection and nuclear safety, and when deciding on an authorization the regulatory body determines the mandatory restrictions to be fulfilled by the applicant.
The Licence and the Permits
A licence is granted for activity that is not subject to notification and registration and is not excluded from regulation; the regulatory body issues the licence for an indefinite term under the procedure established by the Law on Licences and Permits. A permit is required for the import, export, transit, domestic acquisition and return to the producer of radioactive material, as well as for the import and export of nuclear technologies or know-how and for the export of radioactive waste. In addition, a permit may be granted for no more than 1 year for one-time actions within a registration or licence, for a single transit or import without a licence, and for the multiple import, export and transit of medical radiopharmaceuticals. An applicant for a licence submits to the regulatory body information on the activity, the radiation source and the personnel, a radiation protection programme, a nuclear security plan and an emergency response plan; the body may additionally require a radiation safety assessment report or a decommissioning plan. In licensing proceedings concerning nuclear material or radioactive sources of categories I, II and III, the Ministry of Internal Affairs participates as an interested administrative body.