MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 15– Energy Bilateral screening: Chapter 15 PRESENTATION OF MONTENEGRO Brussels, 10 -11 April 2013

Chapter 15: Energy COUNCIL DIRECTIVE 2011/70/EURATOM OF 19 JULY 2011 ESTABLISHING A COMMUNITY FRAMEWORK FOR THE RESPONSIBLE AND SAFE MANAGEMENT OF SPENT FUEL AND RADIOACTIVE WASTE Tamara Đurović Ministry of Sustainable Development and Tourism tamara. djurovic@mrt. gov. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy TEAM Ministry of Sustainable Development and Tourism üTamara Đurović, physicist üSlavica Braunović, lawyer üMaja Raičević, lawyer Environmental Protection Agency üSlavko Radonjić, physicist üNataša Bjelica, Spec med. nucl physicist Directorate for Inspection Supervision üVesna Bigović, physicist Ministry of Internal Affairs üVesna Burić, physicist Clinical Centre of Montenegro üSonja Ivanović, physicist, MSc L. T. D. ” Center for Ecotoxicological Testing” üTomislav Anđelić, physicist üNikola Svrkota, physicist, MSc MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy The protection of human life and health, protection of the environment against harmful impact of ionising radiation and the radioactive waste management, belongs among significant actions of the Government, đ in pursuance of its environmental goals, which calls for a well-designed plan and actions, to ensure that all organisational, human and financial resources and infrastructure are in place. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy G, P P • Policy/Strategy • Laws - mandatory • Implementing regulations(rulebooks, decrees, decisions) are mandatory G, M MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Transposition Council Directive 2011/70/EURATOM is significantly transposed within national strategies, laws and implementing regulations MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Sectoral acts Horizontal acts Chapter 15: ENERGY

The review of the regulatory requirements was focused on the comparison of the national regulatory framework with the general requirements set by the IAEA for the storage of the radioactive waste (GSR Part 5), Code of Conduct on the safety and security of radioactive sources, Council Directive 2011/70/EURATOM (Waste directive) and part of Council Directive 96/29/EURATOM as well as benchmarking against Council Directive 2003/122/EURATOM (HASS ). CONCLUSION The newly implementing regulations related to management of radioactive waste are mainly in compliance with EU requirements and IAEA standards. However, improvements are needed to be fully in line with mentioned EU Acquis(will be presented in challenges)

Chapter 15: Energy Transposition - Sectoral acts (1) ü Strategy on Ionizing Radiation Protection, Radiation Safety and Radioactive ü ü ü ü Waste Management with the Action Plan (2011); National Strategy for Emergency Situation ( 2006); Energy Development Strategy of Montenegro until 2025 year (2007); National Plan of Action in Case of a Radiological Accident (2010); Law on Ionizing Radiation Protection and Radiation Safety ("Official Gazette of Montenegro", No. 56/09, 58/09, 40/11); Law on transport of dangerous goods ("Official Gazette of Montenegro", No. 5/8, 40/11); Law on Inspection Supervision ("Official Gazette of Montenegro", No. 5/8, 40/11); Law ratifying the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Official Gazette of Montenegro – International Treaties 02/10); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Transposition - Sectoral acts (2) ü Rulebook on detailed conditions for obtaining a permit for the management of ü ü ü radioactive waste storage ("Official Gazette of Montenegro", No. 56/11); Rulebook on methods of collecting, keeping, processing and storing of radioactive waste ("Official Gazette of Montenegro", No. 58/11); Rulebook on the requirements for trading and use of radioactive materials, x-ray devices and other devices that generate ionising radiation (“Official Gazette of the FRY”, No. 32/98); Decision on the requirements for the siting, construction, trial run, commissioning, operation, and permanent shutdown of a nuclear facility (“Official Gazette of the FRY”, No. 42/97) (Chapter V of the Decision is repealed); Decision on the procedures and conditions for systematic testing of the presence of radionuclides in the environment surrounding a nuclear facility (“Official Gazette of the FRY”, No. 42/97); Decision on the requirements to be fulfiled by persons employed in the management of a nuclear facility production process and persons supervising the process (“Official Gazette of the FRY”, No. 2/98); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Transposition- Horizontal acts (1) ü Law on Environment (“Official Gazette of Montenegro” No. 48/08, 40/11); ü Law on State Administration (“Official Gazette of Republic of Montenegro” No. 38/03, ü ü ü ü 22/08, 42/11) Decree on the Organization and Operation of the State Administration (“Official Gazette of Montenegro”, No. 05/12, 25/12, 61/12); Law on Protection and Rescue (“Official Gazette of Montenegro” No. 13/07, 05/08, 86/09, 32/11); Criminal Code (Official Gazette of the Republic of Montenegro, No. 70/03, 47/06 and “Official Gazette of Montenegro” , No. 40/08, 25/10 and 32/11); Law on Criminal Liability of Legal Persons (“Official Gazette of Montenegro”, No. 02/07, 13/07, 73/10, 30/12); Law on Misdemeanors (“Official Gazette of Montenegro”, No, . 01/11, 06/11, 39/11); Law on General Administrative Procedure ("Official Gazette of Montenegro", No. 60/03, 73/10, 32/11); Law on Spatial Development and Construction of Structures (“Official Gazette of Montenegro”, No, 51/08, 40/10, 34/11, 40/11, 47/11); Law on Budget (“Official Gazette of Republic of Montenegro", No. 40/01, 44/01, 28/04, 71/05, “Official Gazette of Montenegro", No. 12/07, 73/08, 53/09, 46/10, 49/10); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Transposition- Horizontal acts (2) ü Law on Environmental Impact Assessment ("Official Gazette Republic of Montenegro”, ü ü ü No. 80/05, and "Official Gazette of Montenegro”, No. 40/10, 73/10 , 40/11); Law ratifying the Convention on Environmental Impact Assessment in a transboundary context - Espoo Convention with two amendments: the First and the Second (Official Gazette of Montenegro, International Treaties No 8/08); Law ratifying the Multilateral Agreement among the countries of South-Eastern Europe for implementation of the Convention on environmental impact assessment in a transboundary context (“Official Gazette of Montenegro -International Treaties”, No. 02/09); Law on Strategic Environmental Assessment ("Official Gazette Republic of Montenegro”, No. 80/05, and "Official Gazette of Montenegro”, No. 73/10, 40/11, 59/11); Law ratifying the SEA Protocol - Strategic Environmental Assessment in a transboundary context, to the Espoo Convention (“Official Gazette of Montenegro - International Treaties”, No. 02/09); Law ratifying the Convention on Access to Information, Public Participation in Decision -Making and Access to Justice in Environmental Matters (Aarhus Convention)(“OG of Montenegro – International Agreements” No. 3/09); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Transposition- Horizontal acts (3) ü Law on Free Access to Information (“Official Gazette of Montenegro”, No. 44/12); ü Decree on the procedure and methods of conducting public hearings in the preparation of laws (“Official Gazette of Montenegro ", No. 12/12); ü Decree on the manner and procedure for cooperation between state authorities and non-governmental organizations ("Official Gazette of Montenegro" br. 7/12); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Responsibilities International commitments Government Sets management policy National policies National legislation Ministries Implement the management policy Draft strategies Radioactive waste management infrastructure Finances Radioactive waste management objectives Resources Organisations managing radioactive waste Technical capabilities Implement the Strategy Waste generators Emergency preparedness and response Responsibility for safety MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Competent Authorities Ministry of Sustainable Development and Tourism Environmental Protection Agency Directorate for Inspection Supervision Ministry of Internal Affairs MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Administrative capacities Ministry of Sustainable Development and Tourism 1 employee Environmental Protection Agency 5 employees Directorate of Inspection Supervision 1 employee Ministry of Internal Affairs 1 employee MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Operators of RW L. T. D. “Center for Ecotoxicological Testing” – operator of the radioactive waste facility (management of RW)-central storage Holders of licences for performing radiation activity- temporary storages MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Operator of the central storage facility L. T. D. “Center for Ecotoxicological Testing” MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union 10 employees Chapter 15: ENERGY

Chapter 15: Energy Implementation – chronology tree The government of Montenegro established a working group with the aim to give the proposal for a system of radioactive waste management 2005 -2006 Realization of IAEA Project RFP 2098/2006 MS “Verified Inventory of Sealed Radioactive Sources and Orphan Sources Search Location List in Montenegro“. An integral part of this project delivery of IAEA RAIS V 3. 0 2005 -2006 Construction work on the building of storage facilities for radioactive waste 2005 2007 IAEA support through MNE/3/002 Project “Strengthening Radioactive Waste Management” with main objective “Improved radiation safety, protection and security of the public through established and functional system of radioactive waste management in the country” 2008 -2009 Delivery and installation of equipment, training of personnel; establishment of EPA 2009 -2010 Adoption of Law on Ionizing Radiation Protection and Radiation Safety and 2011 JC Adoption of Strategy, new set of rulebooks which define radioactive waste management, 2012 reporting under JC Finalization of licensing procedure for storage facilities for radioactive waste; INT 9176 2013 M O N T E N project EGRO Negotiating Team for the Accession of Montenegro to the European Union Finalisation of III and IV phase of IPA 2009 project (RWM); IAEA expert mission for disposal issues Chapter 15: ENERGY

Chapter 15: Energy MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Figure 2: A bunker used for temporary storage at Faculty for Natural Sciences and Mathematics Figure 1 Central Radioactive Waste Storage Facility at CETI, Podgorica Figure 3: Temporary storage of radioactive sources at KAP

Chapter 15: Energy Operator of RWSF (License holder) Center for Ecotoxicological Testing q Well-equipped laboratories q Accredited laboratory for practically all main analytical measuring techniques in field of radioactivity measurement and radiation protection q Experienced staff for intervention in cases of recovery of sources of ionizing radiation and radioactive waste out of regulatory control q Experience in decontamination of environment from depleted uranium contamination q Experience in decontamination of environment from Thorium 232 contamination MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Decontamination of Airport Šipčanik and Cape Arza Project of decontamination location contaminated with Th 232 – source of contamination military planes jet engines; Decontamination of Cape Arza from depleted uranium. It was removed 258 DU 2000 -2003 penetrators, or 86 % of total 300* DU penetrators fired on Cape Arza. (* based on NATO – UNEP official information). 2000 According to the data reported by NATO, the total number of rounds fired against Cape Arza was 480. After some prospecting investigation at the site, which has shown a radiation level up to 50 times higher than the local natural background, the development of project for decontamination was finished in December 2000, and preparatory works carried out during January 2001. The systematic survey and decontamination of Cape Arza started in February 1, 2001, before NATO made public their data about use of DU ordnance in Yugoslavia, and before the report of UNEP Depleted Uranium Assessment Team was published. The campaign lasted to June 15 the same year, continued during April and May 2002, and finished during November and December 2002, with engagement of the team of 18 domestic professionals and about 10 people in logistics. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Decontamination of Cape Arza During decontamination of Cape Arza totally was finished: ü Prior dosimetric search bushes are cut from terrain surface. All trees we preserve and we try to cut ü ü ü ü ü only what is necessary. Dosimetric search on over 44. 500 m 2 of terrain on cape Arza. Contamination was found on approximately 18. 000 m 2. Total number of contaminated location was 486. We found and removed 242 of complete DU penetrators from the surface to the depth of 1 m in deep. We also found 49 larger fragments on the soil surface, and we presume that we removed minimum 258 DU penetrators. We collected approximately 0, 42 m 3 of material with high contents of depleted uranium (stored in INN Vinca - Belgrade). Material with lower contents of depleted uranium is of volume of 5, 54 m 3 (more than 7, 000 kg) During the decontamination of cape Arza we took approximately 200 environmental samples. After decontamination, all locations are covered up with soil, so cape Arza is restored in normal natural shape. All phases of decontamination lasted totally 221 day, or effectively more than 200 days. Since than Cape Arza is free for unlimited public access, which is confirmed by UNEP Report. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Decontamination of Cape Arza MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy As to the UNEP`s data on combat mix of the A-10 aircraft gun, 300 of these rounds where with DU penetrators, and the rest with a classical explosive charge. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Implementation (2) Radioactive waste management in Montenegro q Law on Ionizing Radiation Protection and Radiation Safety: ü Chapter VI covered radioactive waste management; üProhibition: articles 17 and 19, among others, prohibited: construction of nuclear power plants, plants for production of nuclear fuel and utilization of spent nuclear fuel, research with the aim of production and usage of nuclear weapons, usage of radioactive and nuclear materials for manufacturing of weapons of mass destruction, as well as trade (export, import, transit) of nuclear materials on the territory of Montenegro, import of radioactive waste of any types, as well as processing, storing and disposal of radioactive waste of foreign origin at the territory of Montenegro, iinstallation of radioactive lightning rods, as well as installation of ionizing smoke detectors having a source of ionizing radiation in the gaseous state or ionizing radiation source whose break-up products in gaseous state; q. The generation of RW is going to kept to the minimum practicable; q Radioactive waste from civilian activities is going to be stored; there is no waste of nuclear origin such as spent fuel; q. Radioactive waste producers cover the costs for their management-principle “polluters pay” (Article 37 of the Law); MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Radioactive waste management in Montenegro, cont. q There is in place a system of control, management system, regulatory inspections, monitoring, documentation and reporting and enforcement actions q Financial resources defined by Law on Ionizing Radiation Protection and Radiation Safety (articles 37 and 38 –for orphan sources; for maintaining of storage facility) q Transparency - public information through public participation in all stages - public debates and roundtable discussion q National Program for management of radioactive waste within Strategy and Action plan; Program for management of radioactive waste obligation of the licence holders as well as evidence (record) q Inventory - present amounts within the data base of EPA and future prospects q Cooperation with IAEA, IRE q Bilateral, interregional cooperation MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Future activities Full Transposition: üTo draft Amendments of the Law on Ionizing Radiation Protection and Radiation Safety üsecondary legislation revisions üTo establish Training Centre in Montenegro Full implementation: üDecision on disposal issues üRecords of smoke detectors/MSDT, EPA, DIS üTraining Centre MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Challenges q The provisions related to spent fuel of this Directive is not transposed into national legislation because of the decision and prohibition prescribes in the 2009 Law q The legislation framework must be supplemented with provision for disposal of radioactive waste. The 2009 Law provides legal base for development separate rulebook on disposal (article 37) q To Amend the 2009 Law (requirements for licensing and operation of storage and disposal facilities for radioactive waste-independent authority for revision of Safety Report; There is no clear provision for assurance founds for decommissioning of storage facility q Human Resources q To establish Training Centre in Montenegro q To develop Feasibility Study on Disposal –sollution presented to the Government, than decision-INT 9176 joint project (EC and IAEA) q To solve “Plantaže” case-long-term Milestone q To make precise data base on smoke detectors and plan on its management and storing in RWF (cooperation with IRE-Belgium) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Financial implications üdepends on Feasibility Study for Disposal-disposal costs or exporting üCampaign for smoke detectors/Develop Management Plan (to include local authorities, Chamber of Commerce, Union of employers) üCooperation with NGO’s-campaign of awerness ürevision of legislation ü“Plantaže” case üContinue with enhancing human resources in relevant institution and licence holders as well as promoting principles in managment of RW üTo establish Training Centre in Montenegro MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

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