Radioactive materials: sources of ionizing radiation, radionuclide, nuclear materials, radioactive residues
- Document symbol
- G/LIC/N/3/UKR/17
- Original language
- English
- Published on
- 22/01/2025
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
International transportation of radioactive materials is carried out in accordance with the legislation of Ukraine, the rules of safe transportation of radioactive materials of the International Atomic Energy Agency (IAEA) and international treaties of Ukraine, ratified by the Verkhovna Rada of Ukraine.
The procedure for issuing permission for transportation of radioactive materials, including approval of the relevant documents for applying for a permission, issuing a permission, confirming the receipt of such a permission, is established by the Cabinet of Ministers of Ukraine.
Imports of radioactive materials is carried out on the basis of the permission to conduct international transportation of radioactive materials issued by the State Nuclear Regulatory Inspectorate of Ukraine.
Imports of ionizing radiation sources is permitted under the condition that the consignee has a licence to use such sources. The permission to import of ionizing radiation sources, whose characteristics are provided in the Annex to the Procedure for issuing permission to carry out international transportation of radioactive materials, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1196 of 03 October 2007 "Some issues related to the transportation of radioactive materials", is issued on condition that these sources are returned to the consignor (manufacturer) after their use, as provided for in the contract under which the import is carried out.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The permission to carry out international transportation of radioactive materials is issued by the State Nuclear Regulatory Inspectorate of Ukraine.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported from all countries. In case of international transportation of radioactive materials, the State Nuclear Regulatory Inspectorate of Ukraine pre-approves such transportation with the competent authorities of all countries through whose territory the transportation will be carried out.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The permission of the State Nuclear Regulatory Inspectorate of Ukraine is not intended to restrict the quantity or the value of imports of goods and applies to ensure the safety and security of radioactive sources, protect national security and pursue obligations under international treaties.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The legislation under which the permission is maintained includes:
- Law of Ukraine "On the Use of Nuclear Energy and Radiation Safety" No. 39 of 08 February 1995, available https://zakon.rada.gov.ua/laws/show/39/95-%D0%B2%D1%80#Text;
- Law of Ukraine "On Permit Activity in the Field of Nuclear Energy Utilisation" No. 1370 of 11 January 2000, available at https://zakon.rada.gov.ua/laws/show/1370-14#Text;
- Resolution of the Cabinet of Ministers of Ukraine No. 1196 of 03 October 2007 "Some issues related to the transportation of radioactive materials", available at https://zakon.rada.gov.ua/laws/show/1196-2007-%D0%BF#Text;
- Order of the State Nuclear Regulatory Inspectorate of Ukraine No. 198 of 17 December 2008 “On approval of the permission form for international transportation of radioactive materials and the application form for issuing the permission for the transportation of radioactive materials, available at https://zakon.rada.gov.ua/laws/show/z0003-09#Text;
- Order of the State Nuclear Regulatory Inspectorate of Ukraine No. 153 of 6 August 2012 "On approval of the Regulation on the list and requirements for the form and content of documents submitted for obtaining a licence for certain types of activities in the sphere of nuclear energy use", https://zakon.rada.gov.ua/laws/show/z1453-12#Text.
The Procedure for issuing permission to carry out international transportation of radioactive materials is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1196 of 03 October 2007 "Some issues related to the transportation of radioactive materials".
The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The decision on issuing a permission or on its refusal shall be made by the State Nuclear Regulatory Inspectorate of Ukraine within one month from the date of receipt of the application. If it is necessary to obtain information from the central executive authorities on issues that may affect the state of nuclear and radiation safety, physical protection of radioactive materials during their transportation, the term of consideration of submitted documents shall not exceed two months from the date of receipt of the application.
If the application for issuing a permission for transportation of radioactive waste or spent nuclear fuel requires approval by the competent authorities of other countries, the decision on issuing the permission or its refusal shall be made by the State Nuclear Regulatory Inspectorate of Ukraine within four months from the date of receipt of the application.
The State Nuclear Regulatory Inspectorate of Ukraine preliminarily reviews the application and accompanying documents to assess compliance of the declared transportation conditions with the requirements of the legislation and informs the applicant of the identified violations within 10 working days after receiving the application. The State Nuclear Regulatory Inspectorate of Ukraine conducts the final review of the application after the applicant eliminates the identified violations.
Q7.b. Can a licence be granted immediately on request?
The permission is not granted immediately.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
The permission may be issued at any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The consideration of the application for permission is carried out by the State Nuclear Regulatory Inspectorate of Ukraine.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The grounds for refusal to issue a permission are set out in the Resolution of the Cabinet of Ministers of Ukraine No. 1196 of 03 October 2007 "Some issues related to the transportation of radioactive materials" and include:
- identification of inaccurate information in the documents submitted;
- presence of circumstances confirmed by the relevant central executive authorities that hinder the safe transportation of radioactive materials;
- the existence of potential threats associated with military actions, armed conflicts, civil war, uprisings, political or civil unrest, strikes, terrorist acts, or acts of force majeure, including natural phenomena of an exceptional, inevitable, and unpredictable nature;
- failure to eliminate violations identified during the preliminary review of application and documents.
The decision to refuse to issue a permission, indicating the grounds for refusal, shall be issued or sent to the applicant within 3 working days after its adoption.
The decision on refusal may be appealed to the district administrative court in accordance with the provisions of the Code of Administrative Proceedings of Ukraine.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Legal entity or individual entrepreneur carrying out activities in the field of nuclear energy utilisation, for which the Law of Ukraine "On Permit Activity in the Field of Nuclear Energy Utilisation" establishes requirements for mandatory licensing, certification or registration, are allowed to apply for a permission. A permission is issued to the holder of the licence to carry out the relevant type of activity in the field of nuclear energy utilisation.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
To obtain a permission to carry out international transportation of radioactive materials the following documents shall be submitted:
- an application for a permission to carry out international transportation of radioactive materials in the form specified by the Order of the State Nuclear Regulatory Inspectorate of Ukraine No. 198 of 17 December 2008 “On approval of the permission form for international transportation of radioactive materials and the application form for issuing the permission for the transportation of radioactive materials;
- a copy of the contract between the consignor or consignee and the carrier, which has a licence to carry out activity for the transportation of radioactive materials;
- copy of the agreement on compulsory civil liability insurance for nuclear damage, signed in accordance with the legislation, and insurance policy (insurance certificate, insurance certificate);
- a copy of the agreement on insurance of the liability of entities transporting dangerous goods in case of the negative consequences during their transportation, signed in accordance with the legislation, and a document confirming the payment of the insurance payment;
- a copy of the document confirming the consent of the competent authority of the country of destination to import of ionizing radiation sources, the characteristics of which are given in the Annex to the Procedure for issuing the permission for international transportation of radioactive materials, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1196 of 03 October 2007 "Some issues related to the transportation of radioactive materials";
- a copy of a document confirming the consent of the country of destination to import of nuclear materials or radioactive waste;
- a copy of the document, regulating initial operational actions in case of an accident during transportation of radioactive materials (emergency card);
- a copy of the contract under which radioactive materials are exported, imported or transited;
- a copy of the licence to carry out the relevant type of activity in the sphere of nuclear energy use;
- a сopy of the certificate required by the IAEA Regulations on the Safe Transport of Radioactive Material.
In case the country of origin, country of destination or country of transit is an EU Member State, a completed standard document or, if such approval was made previously, a copy of the standard document shall be attached to the application for the transportation of radioactive waste or spent nuclear fuel.
The standard document may specify the approval of more than one transport if: radioactive waste or spent nuclear fuel have the same physical, chemical and radiation characteristics; the transportation is carried out from the same operating organisation (operator) or consignor to the same consignee, and the same competent authorities are involved in the approval of such transportation; the cargo is in transit through the territory of third countries, such transit is carried out through the same border post in a neighbouring third country, unless otherwise agreed by the competent authorities of the countries.
Q11. What documents are required upon actual importation?
All of the above documents, including the permission issued by the State Nuclear Regulatory Inspectorate of Ukraine, are required along with other necessary customs documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is a fee of 300 UAH for obtaining a permission. The amount of fee is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 591 of 1 June 2011 "On approval of the list of fee-based administrative services provided by the State Nuclear Regulatory Inspectorate of Ukraine and the amount of fee for their provision and repealing the amount of the fee for carrying out licensing procedures in the sphere of the use of nuclear energy", available at https://zakon.rada.gov.ua/laws/show/591-2011-%D0%BF#Text.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment requirement associated with the issue of permissions.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of the permission is determined in accordance with the date specified in the application, but no longer than one year.
Extension of the term of validity of the permission is carried out on the basis of the application specifying the reasons why the transportation was not carried out, changes in the information on transportation, on the basis of which the permission was issued, the period for which the permission is extended. Consideration of the application for extension of the validity period and adoption of the relevant decision is carried out in accordance with the procedure and within the time limits provided for the issuance of the permission. Extension of the validity period of the permission shall be formalized by amending the permission.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a permission or a portion of a permission.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permissions are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Other condition accompanying issuance of permission is submission of a document confirming the payment of the fee for a permission.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The shipper or consignee shall notify the State Nuclear Regulatory Inspectorate of Ukraine within 3 days after the arrival of the cargo at its destination about the transportation of radioactive materials carried out in accordance with the permission and the date of the cargo's arrival.