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.
Inspection and Radioactive Waste
The regulatory body is entitled to carry out inspections of nuclear and radiological activity, which may be planned or unplanned; the conditions and procedure of inspection are determined by an order of the Minister, and the body supports the performance of inspections with appropriate financial, technical and human resources. The management of radioactive waste is carried out in accordance with the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, the law, the Law on Radioactive Waste and the relevant subordinate normative acts. All radioactive waste existing on the territory of the country must ultimately be placed in a radioactive waste repository, and the state management function for waste is assigned to the corresponding department of the regulatory body. The Revenue Service, for its part, is obliged to submit information to the regulatory body and to the standing interdepartmental commission on military-technical questions of the Ministry of Defence on actions carried out under a permit for the multiple import of medical radiopharmaceuticals.
Frequently Asked Questions on Nuclear Energy
When is a licence required and when a permit?
A licence governs activity not subject to notification or registration; a permit is needed for the import, export, transit, acquisition and return of radioactive material, for the movement of nuclear technologies and for the export of waste. In certain cases a permit is granted for no more than one year.
What documentation does a licence require?
Information on the activity, the radiation source and the personnel, a radiation protection programme, a nuclear security plan and an emergency response plan; where necessary — a safety assessment report or a decommissioning plan.
Who conducts inspections?
The regulatory body — the Agency of Nuclear and Radiation Safety — on a planned or unplanned basis, under the procedure established by the Minister's order. The Ministry of Internal Affairs participates in licensing cases involving nuclear material and category I to III sources.
Where is radioactive waste placed?
All radioactive waste on the territory of the country is ultimately placed in a radioactive waste repository; the state management function belongs to the corresponding department of the regulatory body.
How We Help on Legal.ge
The specialists of Legal.ge will assist you with the legal questions of nuclear and radiological activity: we will explain the authorization requirements, prepare the licence and permit application documentation, assess your readiness for inspections and help plan the radioactive waste management obligations. Contact us with a brief description of your activity.