LEGAL FRAMEWORK FOR
NUCLEAR SAFETYTERESITA G. DE JESUS
Senior Science Research Specialist
Philippine Nuclear Research Institute (PNRI)STATUS OF THE
INTERNATIONAL
NUCLEAR
INSTRUMENTS IN THE
PHILIPPINESTREATIES AND CONVENTIONSThe Philippines is a Party to the following:• Treaty on the Non-proliferation of Nuclear Weapons (NPT)– In force: 5October 1972
• Southeast Asia Nuclear Weapon Free Zone Treaty (SEANWFZ)– 19March 2001
• Convention on the Physical Protection of Nuclear Material (CPPNM) – 8February 1987
• Convention on Assistance in the Case of Nuclear Accident orRadiological Emergency – 5 June 1997
• Convention on Early Notification of a Nuclear Accident – 5 June 1997
• Vienna Convention on Civil Liability for Nuclear Damage – 12 November

1977

AGREEMENTS WITH THE IAEA
• Comprehensive Safeguards Agreement in connection

with NPT - 16 October 1974
• Additional Protocol to Safeguards Agreement – 26February 2010

CONVENTIONS THAT THE PHILIPPINESSIGNED SUBJECT FOR RATIFICATION• Amendment to the CPPNM• Convention on Nuclear Safety - 14 October 1994
• Joint Convention on the Safety of Spent Fuel Management and on

the Safety of Radioactive Waste Management – 10 March 1998
• Convention on the Supplementary Compensation for Nuclear
Damage – 10 March 1998
• International Convention on the Suppression of Acts of Nuclear
Terrorism – 15 September 2005
• Protocol to Amend the Vienna Convention on Civil Liability forNuclear Damage – 10 March 1998
• Joint Protocol Relating to the Application of Vienna Convention
and Paris Convention – 21 September 1998

6IMPLEMENTATION OF CODE OF
CONDUCTThe Philippine Nuclear Research Institute (PNRI) issued
Administrative Order (AO) No. 02, Series of 2006,
ADOPTION OF IAEA CODE OF CONDUCT ON THE
SAFETY AND SECURITY OF RADIOACTIVE SOURCES
AND IAEA GUIDANCE ON THE IMPORT AND EXPORT OF
RADIOACTIVE SOURCES pursuant to the provisions ofSection 4 of Republic Act No. 5207, as amended, adopting
the provisions of the IAEA Code of Conduct on the Safetyand Security of Radioactive Sources in order to be properly
guided in its compliance with the IAEA Code of Conduct. ThePNRI likewise conform to the provisions of the IAEA
Guidance on the Import and Export of Radioactive Sources
as far as practicable. The AO was approved and published inthe Official Gazette in June 26, 2000.

REGULATORY AUTHORITIES FOR THE
APPLICATION OF RADIATION
Philippine Nuclear
Research Institute• Under the Department ofScience and Technology(DOST)• Radioactive materials
and atomic energy
facilities, including
medical facilities

Center for Device
Regulation, Radiation
Health and Research• Under the Department ofHealth, Food and Drug
Administration (DOHFDA)• Electrically-generated
ionizing radiation,
including non-ionizing
radiation

Creates a potential for differing regulatory policies and safety standards
governing activities involving the use of ionizing radiation

PHILIPPINE NUCLEAR RESEARCH INSTITUTE19581987• Republic Act No. 2067 (Science Act of1958)• PAEC became the Philippine
Nuclear Research Institute(PNRI) headed by a Director andassisted by a Deputy Director•AN ACT TO INTEGRATE, COORDINATE,AND INTENSIFY SCIENTIFIC ANDTECHNOLOGICAL RESEARCH AND
DEVELOPMENT AND TO FOSTERINVENTION; TO PROVIDE FUNDS
THEREFOR; AND FOR OTHER PURPOSES.

•1968

1984

• Republic Act 5207, an Act Providing
For The Licensing And Regulation
Of Atomic Energy Facilities AndMaterials, Establishing The Rules
On Liability For Nuclear Damage,And For Other Purposes.

• Executive Order No. 784 placed
PAEC under the National
Science and Technology
Authority (NSTA).

PNRI MANDATE
Conduct research and development on the applications ofradiation and nuclear materials, processes and techniques;

Undertake the transfer of research results to end-users
including technical extension and training services;

Operate and maintain nuclear research reactors and otherradiation facilities;
License and regulate activities relative to production,transfer and utilization of nuclear and radioactive
substances

LEGISLATIVE FRAMEWORK• Republic Act 2067 known as the Science Act of1958, created PAEC
• Republic Act 5207 of 1968 known as An Act
Providing for the Licensing and Regulation ofAtomic Energy Facilities and Materials• Executive Order 128 of 1987 reorganizes PAEC toPNRI• Code of PNRI Regulations
consists of Parts 0-27; covers radiation
protection, transport, safety and security,
fees and charges, waste and practice specific regulations• Administrative Orders• Regulatory guides;
information bulletins andnotices; incidents andlessons learned

REGULATED SOURCES OF IONIZING RADIATION IN THE PHILIPPINES(as of March 2016)
PracticesNo. of facilities andlicense holders

Types/No. of Sources

Regulatory Body

Linear accelerators

33*40*

CDRHRR

Teletherapy (gamma)

7

199 Co-60 sources (192 Co-60 sources PNRI
are for gamma knife)

Brachytherapy

776 Cs-137 sources

Medical:I-125 seeds for permanent implants

ManualBrachytherapy
Remote control

PNRI

11Blood Irradiator

3Nuclear Medicine

52

10 Ir-192 sources

PNRI

1 Co-60 source
3 Cs-137 sources

PNRI

Unsealed sources for therapy &diagnosis:
I-131; Tl-201; Tc-99m; Ga-167; Sr-89;
Y-90; I-125 (RIA kits)

PNRI

Production of F-18

PNRI

Source:1.
Licensing, Review, and Evaluation Section (LRES), Nuclear Regulatory Division (NRD), Philippine Nuclear Research Institute (PNRI)¥, Department of Science andTechnology
2.
Ms. Gladys Cabrera, Center for Device Regulations, Radiation Health and Research (CDRRHR), Food and Drug Administration (FDA), Department of Health

Medical Cyclotron

2REGULATED SOURCES OF IONIZING RADIATION IN THE PHILIPPINES(as of March 2016)
PracticesNo. of facilities/license Types/No. of Sources
holders

Regulatory Body

Gamma
industrial radiography

27

97 Ir-192 sources
2 Co-60 sources
3 Se-75 sources(102 devices)

PNRI

X-rayindustrial radiography

266710CDRHRR

Am-241:Be & Cs-137, Am-241, Cf252, Cs-137, Cs-137, Co-60, Kr-85,Am-241; Pm-147; Sr-90; Kr-85, Sr90, Fe-55, Ni-63, Po-210 & Pu-238,Kr-85 gas, Po-210; Th-232, etc

PNRI

Industrial (nuclear) gauging
devices

Research and education31

H-3, Ni-63, Am-241, C-14, Cs-137, Co-60, Fe- PNRI
55, Sr-90, Tl-204, I-125, Fe-59, Ba-133, Am241:Be-7, Cl-36, P-32, P-33, S-35, U-238, Ge68

REGULATED SOURCES OF IONIZING RADIATION IN THE PHILIPPINES(as of March 2016)
Practices

X-ray fluorescencespectroscopy

No. of facilities/license
holders

Types/No. of Sources

Regulatory Body

CDRHRR
3131
CDRHRR

Security equipment (e.g.
baggage x-ray, containerinspection)

110

219

CDRHRR
Dental radiology (alone)

Diagnostic and interventional
radiology
X-ray Diffraction Devices

146

176
CDRHRR

6,123

6,821

4242

CDRHRRREGULATED SOURCES OF IONIZING RADIATION IN THE PHILIPPINES (as of March 2016)
PracticesNo. offacilities/lice
nse holders

Types/No. of Sources

RegulatoryBody

Co-60 multi-purpose
irradiation facility

1Co-60 pencils (45 units)

PNRI internal
regulation

Radioactive waste
management facility

1

Various disused/spent radioactive sources

PNRI internal
regulation

Electron BeamFacility

1

CDRHRR

Philippine ResearchReactor 1 (shutdown)

1PNRI
internal
regulation

Technetium-99m
Generator Production
Facility1

Specifications: Energy: 1 - 2.5 MeV;
Beam current: Maximum 50 mA;
Beam power: Maximum 100 kW
115 slightly irradiated (General Atomics); 15 fresh(General Atomics) TRIGA fuel rods g; 4 fission
chamber neutron detectors containing: Total U –11.65 g, U-235-10.4 g
Calibration sources (Cs-137; Ba-133; various
radionuclides below exempt level

Secondary Standard
Dosimetry Laboratory

1Cs-137, Co-60, Sr-90, Ba-133, Co-57, Am-Be-241

internal
regulation
PNRI
internal
regulation

Nuclear Materials
Research Laboratory

1Am-241, Cs-137, U, Th, K pad, U pad, & Th pad

PNRI Facilities

PNRI

PNRI
internal
regulation

Current Legal Framework• The legislative framework for control of ionizing radiationand ionizing radiation emitted from electrical devices in
the country needs to be updated and rationalized; theprimary legal instruments are outdated.
• The primary legal instruments mandated the PNRI withthe dual function of promoting and regulating the peacefulapplications of nuclear energy.

WORKING TOWARDS THE
ENHANCEMENT OF THE LEGALFRAMEWORK2017
AN ACTPROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATORYFRAMEWORK, CREATING FOR THE PURPOSE, THE PHILIPPINENUCLEAR REGULATORY COMMISSION, AND APPROPRIATINGFUNDS THEREFOR

Also known as the“Comprehensive Nuclear Regulation Act”

2017
CURRENT STATUS:

Approved by the Joint Committee ofReorganization and Science and Technology(S&T) last Nov. 11, 2017

ENHANCING THE LEGAL FRAMEWORK•

Establish an independent regulatory authority•

Comprehensive legislation establishing a regulatory bodyand covering all areas of nuclear law: safety, security,safeguards and liability for nuclear damage.

•International commitments of the Republic of thePhilippines need to be reflected in national legislation.

•Legal framework should also include the underlying
environmental protection, commercial and industrial
aspects.

THE COMPREHENSIVE NUCLEAR
LAW IN THE CONGRESS

Salient Features• Comprehensive unified national Nuclear Law for using ionizing

radiation and ionizing radiation emitted from electrical/electronicdevices• Creates a single regulatory body, the Philippine Nuclear
Regulatory Commission• Provides quasi-judicial powers for effective enforcement• Creates Advisory Board on Safety and Security of Facilities andNuclear/Radioactive Materials• Covers completely administrative and technical requirements ofthe facilities and activities to be regulated, consistent & compatible
with international basic safety standards and best practices• Addresses the gaps and omissions in the current legislative
framework