The CPPNM Amendment:Does it make a difference?

Anita NilssonDirector

Office of Nuclear Security Facilitating Adherence to the 2005 Amendment to the CPPNM

IAEA Meeting 18 November 2010

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Recognizing the threat

• Nuclear Explosive Device

• Dispersal of radioactivity

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Essential Elements of Nuclear SecurityNational level: • Effective legislative/regulatory system, allocation of responsibilities

Facility level: • Effective security measures• Securing vulnerable materialsOutside facilities• Measures to detect illegal movement of materials• Effective border control, protection of major public eventsSupporting infrastructure• Human resource development• Technical support, R&D

Sustainability nuclear security culture

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• Convention on the Physical Protection of Nuclear Material (1987) & Amendment (2005)• Convention on the Suppression of Acts of Nuclear Terrorism (2005)• Safeguards agreements and additional protocols• Security Council resolution 1540• Security Council resolution 1373

• Code of Conduct on the Safety and Security of Radioactive Sources

• Code of Conduct on the Safety of Research Reactors

Binding legal instruments Non-binding legal instruments

International Legal Instruments

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The CPPNM/Amendment: Purposes

To achieve and maintain worldwide effective physical protection of nuclear material and of nuclear facilities used for peaceful purposes;

To prevent and combat offences relating to such material and facilities worldwide; as well as

To facilitate co-operation among States Parties to those ends.

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Establishing a physical protection regimeFor nuclear material and nuclear facilities, under its jurisdiction, each State Party shall:1. Protect against theft and unlawful taking of

nuclear material 2. Ensure…rapid... measures to locate and recover

missing nuclear material 3. Protect nuclear material and facilities against

sabotage4. Mitigate or minimize radiological consequences of

sabotage

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12 Fundamental PrinciplesAllocation of responsibilities• Responsibility of the State• Responsibilities during

International Transport• Legislative and Regulatory

Framework• Competent Authority• Responsibility of the

Licence Holders

Measures• Security Culture• Threat (DBT)• Graded Approach• Defence in Depth• Quality Assurance• Contingency Plans• Confidentiality

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“Criminalization”

The intentional commission of.. [acts as defined in the amendment] ..shall be made a punishable offence by each State Party under its national law

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Implementation• Recognizing the responsibility of each State• Recognizing the right of all States to develop and apply nuclear energy for peaceful purposes

• Facilitated through international cooperation• Contributing to the strengthening worldwide of physical protection of nuclear material and nuclear facilities

• Recognizing the role of physical protection for the protection of public health, safety, the environment and for national and international security and in support of nuclear non-proliferation and counter-terrorism objectives

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Each State Party shall:• Establish and maintain legislative and

regulatory framework to govern physical protection

• Establish or designate competent authority(ies) responsible for the implementation of this framework

• To take other appropriate measures for physical protection of nuclear materials and nuclear facilities

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Emphasis on cooperation• Exchange Points of Contact and make known competent authority(ies), laws and regulations

• Interact directly, and through the IAEA, on matters within the scope of the Convention, inter alia• To obtaining guidance on the design of its national system of physical protection of nuclear material in use, storage and transport and of nuclear facilities

• For the protection of threatened material• To facilitate the recovery and return of stolen material• To minimize or mitigate possible radiological consequences• To exchange information with a view of preventing acts of sabotage

• To ensure adequate protection during international nuclear transports

• To render assistance, if requested• To coordinate efforts, as decided by State Parties

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International CooperationGovernments

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Does it make a difference?

The entry into force of the CPPNM Amendment is a firm communication of the importance of and value assigned to effective nuclear security

The entry into force of the CPPNM Amendment will significantly strengthen the legal platform for nuclear security, inter alia through synergistic contributions of other international legal instruments such as the Nuclear Terrorism Convention

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• More than 50 countries plan to enhance their use of nuclear technology

• More nuclear material, facilities and transports • Privatized nuclear sector• Globalization of nuclear trade – free trade zonesEnabling factors: nuclear safety, nuclear security and

safeguardsFacilitated by the entry into force of the CPPNM

Amendment

The Expanding Nuclear Sector

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International Atomic Energy Agency

…Thank you for your attention