RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 15, 2004 No. 1373

About approval of the Regulations on procedure of transportation of radioactive materials by the territory of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on procedure of transportation of radioactive materials by the territory of Ukraine it (is applied).

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of January 28, 1994 No. 42 "About enhancement of regulation of safety of transportation of radioactive materials" (the joint venture of Ukraine, 1994, No. 5, the Art. 126);

the resolution of the Cabinet of Ministers of Ukraine of April 1, 1996 No. 382 "About changes and amendment to some decisions of the Government of Ukraine" (JV Pravitelstva of Ukraine, 1996, No. 10, the Art. 280);

the resolution of the Cabinet of Ministers of Ukraine of November 29, 1997 No. 1332 "Provision on the basic principles of the organization of transportation of radioactive materials by the territory of Ukraine" (The Official Bulletin of Ukraine, 1997, number 49, page 38);

Item of 29 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of October 18, 1999 No. 1919 (The Official Bulletin of Ukraine, 1999, No. 42, the Art. 2096);

Item of 8 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of August 9, 2001 No. 1006 (The Official Bulletin of Ukraine, 2001, No. 33, the Art. 1545).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 15, 2004 No. 1373

Regulations on procedure of transportation of radioactive materials by the territory of Ukraine

1. This Provision determines the basic legal and organizational principles of the activities connected with transportation of radioactive materials.

2. Terms which are used in this Provision have the following value:

permission - the document which grants the right to the actual implementation of separate transportation of radioactive materials by the territory of Ukraine with observance of requirements of the legislation and regulations and rules on nuclear and radiation safety;

the license - the processed document issued by Gosatomregulirovany respectively which confirms the applicant's right to carrying out the activities connected with transportation of radioactive materials on condition of ensuring nuclear and radiation safety;

participants of transportation - the consignor, the consignee, carrier.

Other terms are applied in the value given in the Laws of Ukraine "About use of nuclear energy and radiation safety", "About transportation of dangerous goods", "About allowing activities in the field of use of nuclear energy" and in the Vienna convention on the civil responsibility for nuclear harm (1963).

3. The activities connected with transportation of radioactive materials are carried out based on the license.

4. Transportation of radioactive materials railway, sea, river, automobile and by air is performed taking into account climatic and seasonal factors which influence safety during transportation.

5. Safety of personnel and the population is provided by observance by participants of transportation of requirements of the legislation of rather safe transportation of radioactive materials.

6. Gosatomregulirovaniya, the Ministry of the environment and MZ exercise selective control of safety of transportation of radioactive materials by results of which the statement where the facts of identification of violations of regulations and rules of transportation of radioactive materials and the conclusion about possibility (impossibility) of their further transportation are noted is drawn up.

7. Executive bodies, involved in transportation, and participants of transportation instantly inform on identification of violations of regulations and rules of transportation of radioactive materials Gosatomregulirovaniya, the Ministry of the environment and MZ.

8. International carriages of radioactive materials are performed according to the legislation of Ukraine, regulations for the safe transport of radioactive materials of International Atomic Energy Agency (IAEA) and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

9. International carriages of radioactive materials are performed in the presence:

Goseksportkontrol's permission (except for transit traffic of nuclear materials) which is issued according to the Procedure of the state control of the international transfers of goods of the double use approved by the resolution of the Cabinet of Ministers of Ukraine of January 28, 2004 No. 86 (The Official Bulletin of Ukraine, 2004, No. 4, to the Art. 167);

Gosatomregulirovaniya's permission which is issued according to the procedure, established by the Cabinet of Ministers of Ukraine after preliminary approval of competent authorities of all countries by which territory it is transported.

10. In case of transportation of nuclear materials:

Goseksportkontrol issues permission (the conclusion - in case of transit transportation) on the right of implementation of the international transfer;

Gosatomregulirovaniye informs the Ministry of the environment, MZ, National guard, National police and the Ministry of Emergency Situations on availability of the corresponding permission, participants of transportation;

The national guard, National police within powers and in case of need implementation of protection of nuclear materials provide:

timely arrival of protection to starting point for movement of vehicles;

interaction of divisions of protection with territorial authorities of National police on traffic route and divisions on protection of neighboring countries on frontier;

the admission to vehicles which are protected, Gosatomregulirovaniya's representatives, the Ministry of the environment, MZ, officials of other monitoring bodies and persons who accompany the vehicle, and also transport workers.

The consignor (carrier) not later than three days prior to transportation notifies Gosatomregulirovaniye, the Ministry of the environment, MZ, National guard, National police, the Ministry of Emergency Situations and the SSU on route, date of departure and the traffic schedule.

Information concerning route and the traffic schedule of nuclear materials (before the end of transportation) is subject to protection according to the legislation.

Gosatomregulirovaniya, the Ministry of the environment and MZ in case of acceptance the decision on selective control of safety of transportation of nuclear materials three days before their departure tell the consignor and carrier surname of the appointed inspector who arrives to control Item a day before departure of load.

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