Statement by Minister Counsellor Li Sen at the Conference of the Parties to A/CPPNM under the Agenda Item 12.4: Submission of information on laws and regulations and other provision

2022-03-31 22:26

Dear Co-President and Colleagues,

China upholds a holistic approach to national security and practices a rational, coordinated and balanced approach to nuclear security. Nuclear materials and facilities in China are subject to a stringent management regime and China enjoys a good track record in nuclear security since it started its uses of nuclear energy more than 60 years ago. To effectively fulfil its national responsibilities and international obligations under CPPNM and its Amendment, China has established a nuclear security legal and regulatory framework which consists of laws, administrative regulations, department rules, standards and guidelines.

The National People’s Congress and its Standing Committee, as the body exercising legislative power of China under  the Constitution , are responsible for developing and revising laws, which promulgated through presidential decrees after adoption. In China, laws related to nuclear security mainly include the following: National Safety Law, Law on Radioactive Pollution Prevention and Control, Anti-Terrorism Law, Public Security Administration Punishments Law and the Criminal Code.

Administrative regulations are formulated by the State Council as authorized by China’s Constitution and relevant laws, and promulgated by State Council decrees signed by the Prime Minister. Their legal status, below that of the Constitution and laws, are higher than department rules or local government regulations. They specify in a more detailed manner provisions contained in laws. In China, administrative regulations related to nuclear security mainly include  Regulations on Nuclear Materials Control and Regulations on Nuclear Export Control.

Department rules are formulated and issued by relevant departments in the State Council within their respective mandate, based on relevant provisions contained in laws and administrative regulations. They complement and further dive into the details of these laws and administrative regulations and have legal effect. Department rules related to nuclear security, and in particular, to physical protection of nuclear materials and facilities in China include the following: Rules for Implementation of the Regulations on Nuclear Materials Control, jointly published by National Nuclear Safety Administration and China Atomic Energy Authority (CAEA); Provisions on Physical Protection of Nuclear Materials during International Transport, jointly published by Ministry of Public Security and CAEA; Provisions on the Administration of Safeguards and Supervision of Nuclear Import & Export and Foreign Nuclear Cooperation, jointly published by CAEA, Ministry of Foreign Affairs and Ministry of Foreign Trade and Economic Cooperation; Measures on the Administration of Transhipment and Territory Transit of Nuclear Products, jointly published by CAEA, Ministry of Foreign Trade and Economic Cooperation and General Administration of Customs; Measures on Reporting for Nuclear Materials Control, Measures on Inspection for Nuclear Materials Control, published by CAEA.

Standards and Guidelines are specific guidance documents developed and issued by competent authorities. China is engaged in continuous efforts to formulate, update and improve its domestic guidelines and standards based on IAEA INFCIRC/225 and Nuclear Security Series, so as to provide guidance to the physical protection of nuclear materials and facilities. Over the years, CAEA, National Nuclear Safety Administration and other departments have issued technical guidelines on Physical Protection of Nuclear Facilities, Physical Protection of Nuclear Materials during Transportation, Physical Protection Requirements for Nuclear Security of Nuclear Materials and Facilities, etc. A dozen industry standards on physical protection of nuclear materials and facilities have also been issued, covering design specifications and technical requirements for subsystems in physical protection, for example, video surveillance, communication intercom, intrusion detection, access control, security control centres, etc.

In accordance with Art 14.1 of the Amendment to CPPNM, China has submitted to IAEA, ahead of the Conference of Parties, information related to our legal framework for physical protection of nuclear materials and facilities.

Thank you, Co-President.