RADIATION AND WASTE SAFETY INFRASTRUCTURE

PROFILE (RaWaSIP)

Indonesia
Prepared by:
The Regulatory Infrastructure and Transport Safety Section
Radiation, Transport and Waste Safety Division

For Internal Use Only

Radiation and Waste Safety Infrastructure Profiles (RaWaSIPs) provide a summary of

information on the radiation and waste safety infrastructure in Member States receiving
Agency assistance for which the International Basic Safety Standards and other related
standards are therefore to be applied. This document has been prepared using various
available resources such as end-of-mission reports, internal travel reports, peer review
missions, Radiation Safety and Security Infrastructure Appraisal Missions, IRRS reports,
Member States' inputs and other relevant information made available through official
correspondence and Agency databases.
RaWaSIPs are, for the time being, prepared for confidential use only, and are intended
as basic reference material for the Agency's Staff as a tool for proactively identifying
needs and prioritising assistance to a Member State in conjunction with the Action Plan
for that country and also for briefing material. Although great care has been taken to
maintain the accuracy of information contained in the manuscript, the views expressed
do not necessarily reflect those of the Agency.
Formal periodic updating is foreseen once new relevant sources of information are
available, in particular when an Appraisal mission has taken place. Thus, depending on
the date of preparation or update of the current profile, the information contained
therein does not necessarily reflect the latest status.

DETAILS SECTION
TSA1 - Regulatory
Infrastructure
Legislation
The principal and primary law governing atomic energy utilization in Indonesia is Act No 10/1997 on
Nuclear Energy, which was enacted in 10 April 1997 and promulgated in State Gazette of Republic of
Indonesia Year 1997 No. 23 Supplementary State Gazette 3676. This Act contains several chapters such
as institutions, research and development, exploration, regulatory authority, radioactive waste
management, liability for nuclear damage, and penal provisions. In order to implement the Act
comprehensively, it requires some more detail and technical regulations that become its secondary and
derivatives regulations, which includes Government Regulation, Presidential Regulation and BAPETEN
Chairman Regulation as the lowest level of regulations.
The following legal instruments, in descending order, are used in Indonesia: Acts, Government
Regulations (GR), Presidential Regulations (PR), and BAPETEN Chairman Regulations. The
Chairman, in this case, is the senior official of "Badan Pengawas Tenaga Nuklir" (BAPETEN), the
Nuclear Energy Regulatory Agency of Indonesia.
Act No. 10 (1997) on Nuclear Energy provides the legal framework for radiation safety in Indonesia.
Nuclear energy is defined as energy arising from nuclear transformations and ionizing radiation sources.
In particular, in the Act:

Article 4 establishes an independent Regulatory Body "Badan Pengawas Tenaga Nuklir"

(BAPETEN) with direct responsibility to the President. The Regulatory Body is charged with
establishing regulations, and conducting licensing processes and inspections.
Article 15 details purposes for controls on radiation sources.
Article 16 indicates the safety, the security, the health of the workers and the public, and the
environmental protection will be developed in Government Regulations.
Article 17 allows for exemptions from licensing requirements to be prescribed.
Article 18 indicates licensing fees.
Article 19 regulates the provision for Radiation Protection Officer (RPO).

As noted above, Act No 10 (1997) stipulates effective separation between the regulatory body,
BAPETEN, and the promoting body, the National Nuclear Energy Agency, BATAN. In principle, the
Nuclear Energy Act is in accordance with the BSS and GS-R-1.
The principal radiation safety regulations in Indonesia are the following:

GR No.33 (2007) on Safety of Ionizing Radiation and Security of Radioactive Sources as an

amendment to GR No. 63 (2000). GR No. 63 is concerned generally with radiation safety it
does not address occupational and medical safety in any detail. The detail is provided through
Chairmans Decrees. This was amended and replaced by the GR No. 33 (2007) to include
amendments for its shortcomings such as adding occupational exposure, medical exposure,
TENORM and security of radioactive sources in compliance with the BSS and Code of Conduct.
GR No.29 (2008) on the Licensing of Ionizing Radiation Source and Nuclear Material as an
amendment to GR No. 64 (2000). GR No 29 included three categories of license (A, B and C).
GR No 29 also adopts exemption criteria in compliance with the BSS and Code of Conduct.
GR No. 27 (2009) on Licensing Fees as an amendment to GR No. 134 (2000).
GR No. 26 (2002): Safe Transport of Radioactive Material; is now in the process of the
amendment (expected to be submitted to the State Secretary for finalization in 2013) in
harmonization with recent IAEA safety and security standards.
GR No. 27 (2002): Radioactive Waste Management. This GR is in the process of amendment to
adopt IAEA safety criteria set forth in, among others, IAEA SF-1: Fundamental Safety
Principles, SS 111-F: The Principles of Radioactive Waste Management, and GSG-1:
Classification of Radioactive Waste. The amendment is expected to be submitted to the State
Secretary for finalization in 2012.
GR No. 43 (2006): Licensing of Nuclear Reactor. This GR is in the process of amendment to
also cover the licensing process of fuel cycle facilities. The amendment is expected to be
submitted to the State Secretary for finalization in 2013.

The GRs are supplemented by:

Presidential Decree (PD) No. 76 (1998), and amendments PD No. 103 (2001) and PD No. 30
(2003), which specifies BAPETEN as the Regulatory Body and prescribes some of its functions;
and
a significant number of BAPETEN Chairman Regulations that detail licensee requirements and
prescribe codes of practice.

It is noted that PD No. 76 (Articles 17 and 18) provides for compensation for radiation workers. This
provision is inconsistent with international standards.
The national legal framework of radiation safety has been thoroughly established in the aforementioned
GRs. For instance, safety requirements in the BSS and GS-R-1 have been adopted in GR No 33 (2007).
To make it fully compatible with the BSS, some specific BAPETEN Chairman Regulations will be
established in near future. The upcoming Integrated Regulatory Review Service (IRRS) in 2014 will
further evaluate the completeness of the regulatory framework.
Regulatory aspects of emergency preparedness and response are, as follow:

Act No.10 (1997) on Nuclear Energy,

Act No. 24 (2007) on National Disaster Countermeasure,
Presidential Decree No.81 (1993) on Ratification of Convention On Early Notification of a
Nuclear Accident,
Presidential Decree No. 82 (1993) on Ratification of Convention on Assistance on the Case of a
Nuclear or Radiological Emergency,
Presidential Decree No.106 (2001) on Ratification of Convention on Nuclear Safety.

Presidential Regulation 27 (2002) on Ratification of Joint Convention on the Safety of the

Management of Spent Fuel and on the Safety of the Management of Radioactive Waste.
Government Regulation No. 54 (2012) on the Safety and Security of Nuclear Installations,
Chapter 5 on Nuclear Emergency Preparedness and Response.
BAPETEN Chairman Regulations No 1 (2010) on Nuclear Emergency Preparedness and
Response.

Responsibility of the natural disaster belong to BNPB (Badan Nasional Penanggulangan Bencana)
National Disaster Management Agency. Every year BAPETEN visit local government who has duty for
emergency and disaster to discuss topic concerned.
Act No 10 (1997) has established the maximum of third party nuclear liability. The liability limit is
amended in GR No. 46 (2009). Detailed liability limits for each nuclear installation will be covered in
the Presidential Regulation which is expected to be issued shortly.
Act No. 10 (1997) on Nuclear Energy provides the legal framework for radiation safety in Indonesia.
Among other things, the Act establishes an independent regulatory body, "Badan Pengawas Tenaga
Nuklir" (BAPETEN).
The Act, GRs, PRs and BCRs cover most of the administrative and technical requirements of the
facilities and activities to be regulated, but are at times incompatible with international standards. To
make it fully compatible with the BSS, some specific BAPETEN Chairman Regulations will be revised
and established in near future. Two new GRs replacing previous older regulations including GR no. 33
(2007) entitled "Safety of Ionizing Radiation and the Security of Radioactive Sources" and GR no. 29
(2008) entitled "Licensing of Ionizing Radiation Sources and Nuclear Material" have been approved.
The national legal framework of radiation safety has been thoroughly established in the aforementioned
GRs. For instance, safety requirements in the BSS and GS-R-1 have been adopted in GR No 33 (2007).
Some regulatory aspects of emergency preparedness and response include some Acts, Government
Regulation, and Presidential Decrees.
Act No 10 (1997) has established the maximum of third party nuclear liability. The liability limit is
amended in GR No. 46 (2009). Detailed liability limits for each nuclear installation will be covered in
the Presidential Regulation.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Regulations and Guidance

The main regulatory framework for occupational exposure control in Indonesia is provided by GR No.
33 (2007) and the following specific BAPETEN Chairman Regulation (BCR):

No

BCR NUMBER

TITLE

BCD No 01/Ka BAPETEN/V-99

Working Safety against Ionizing Radiation

based on ICRP No 26, it is being amended in
2012, based on ICRP 103 and GSR Part 3 (BSS).

BCD 12/Ka-BAPETEN/V-99

BCD 14/Ka-BAPETEN/V-99

4
5
6

BCR NO. 7 Year 2007

BCR No. 5 (2008)
BCR NO. 5 Year 2009

7
8
9
10

BCR NO. 6 Year 2009

BCR NO. 7 Year 2009
BCR NO. 9 Year 2009
BCR NO. 6 Year 2010

11

BCR NO. 8 Year 2011

Working Safety of Nuclear Ore Mining and

Refinery
Safety of Pressurized Lantern Mantle
Manufacture
Security of Radioactive Sources
Working Permit Requirements
Radiation Safety in Well Logging
Radiation Safety in Gauging
Radiation Safety in Radiography Industry
Intervention on TENORM
Health Surveillance of Radiation Worker
Radiation Safety in Radiology Diagnostic and
Interventional

Compliance Test in Radiology Diagnostic and

Interventional
All the content of the BCRs above have direct link with the previously mentioned GRs. The structure of
BCR is :
12

BCR NO. 9 Year 2011

Chapter 1. License Requirements

Chapter 2. Management, Radiation Protection and Technical Requirements
Chapter 3. Verification of Safety
Chapter 4. Intervention
Etc.

According to Nuclear Installation, BAPETEN prepare BCR on: BCR No. 5 year 2007, Site Evaluation;
BCR No. 1 year 2009, Reactor Design; BCR No. 3 year 2009, Operation of Reactor; BCR No. 4 year
2009: Decommissioning of Reactor.
Current Status of Indonesian Government Regulations are as follow:

No

Title

Current Status

GR No 33/2007 on Safety of Ionizing

Radiation and Security of Radioactive
Sources.
GR No 63/2000 on the Safety and
Health against the Utilization of
Ionizing Radiation.
Main chapters:

This new revision was based mainly on

BSS-115, Code of Conduct on The
Safety and Security of Radioactive
Sources including the Guidance on the
Import and Export of Radioactive
Sources.

Dose limits system.

Main chapters:

1.

Management system for radiation

safety: General, Radiation protection
organization; Radiation dose and
radioactivity monitoring; Radiation
protection equipment; Health
examination; Documentation; Quality
assurance; and, Education and training.
Calibration.
Emergency preparedness and
response.
Administrative provisions.

Radiation safety in the utilization of

nuclear energy: General; Management
requirements; Radiation protection
requirements; Technical requirements;
and, Safety verification.
Intervention: General; and, Intervention
implementation.
Security of radioactive sources:
General; and, Security of imported and
exported; Security of used, stored and
transported radioactive sources.
Regulatory inspection.

GR No 64/2000 on the Licensing of

Nuclear Energy Utilization.

Administrative sanction.
GR No 29/2008 on the Licensing of
Ionizing Radiation Source and Nuclear
Material.

Main chapters:
Requirements and procedure in
obtaining license.
2.

License period.
Authorities and responsibilities of
licensee.

This new revision is based on BSS-115,

Code of Conduct on The Safety and
Security of Radioactive Sources
including the Guidance on the Import
and Export of Radioactive Sources and
also Safety Standard Series No. GS-G1.5.
Main Chapters:

Regulatory inspection.
Administrative sanction.
Penal provision.

Grading of Utilization of Ionizing

Radiation Souce and Nuclear Material (
Group A, B and C).

 License Requirements (Administrative,

Technical and/or Specialized)
License Procedure and Process
Obligation of Licensee
Clearance
Exemption
Approval
Inspection
Administrative sanction.
GR No 26/2002 on the Safe Transport
of Radioactive Materials.
Main chapters:
In force.
Approval.
Authorities and responsibilities.

Amendment to this GR is to be done next

year. Conception of the amendment
refers to these following publications:

Packaging.
Radiation protection program.
Training.
3.
Quality assurance program.
Type and activity limit of radioactive
material.
Radioactive material with other
hazard.
Emergency preparedness and
response.
Administrative sanction.
Penal provision.

TS-R-1, Regulations for the Safe

Transport of Radioactive Material, 2009
Nuclear Security Series No. 9, Security
in Transport of Radioactive Material,
2008
Nuclear Security Series No. 10,
Development, Use, and Maintenance of
the Design Basis Threat, 2008
Nuclear Security Series No. 11,
Security of Radioactive Sources, 2009
Others

GR No 27/2002 on Radioactive Waste

Management.
Main chapters:

In force.

Classification.

Amendment to this GR is to be finished

this year. Conception of the amendment
refers to these following publications:

Licensing management: Licensing;

Responsibility of Executive Body;
Responsibility of waste producers;
Radioactive waste from abroad; Spent
fuel.
Processing, transport and storage of
radioactive waste.
4.

SF-1, Fundamental Safety

Principles,2006
SS 111-F, The Principles of
Radioactive Waste Management, 1995

Quality assurance program;

GSG-1: Classification of Radioactive

Waste, 2006

Management and monitoring of the

Environment.

GS-R -5 on the Predisposal

management of Radioactive Waste,

Radioactive waste processing of

nuclear and other mining.

GS-G-3.3 : The Management System

for the Processing, Handling and Storage
of Radioactive Waste

Decommissioning program.
Nuclear and or radiological
preparedness and response.

Tecdoc 1538 : Categorizing

Operational Radioactive Waste
Others

Administrative sanction.
Penal provision.
General Safety Provisions for Radioactive Waste
Radioactive waste shall be managed within an appropriate legal framework of radioactive waste
management. It has been established through act, regulations, guides etc.
1. Nuclear Energy Act: Chapter VI of the Nuclear Energy Act No. 10/1997 entitled Radioactive
Waste Management consists of six Articles, in the basis of radioactive waste management
regulation in Indonesia.
2. Government Regulation: In the case of radioactive waste management, the implementation of
Nuclear Energy Act No. 10/1997 is further implemented by GR No. 27/2002 on Radioactive
Waste Management, which is adapted from the IAEA Safety Series No. 111-F, No. 111-S-5, and
No. 111-G-1.
3. Decrees of Chairman of BAPETEN. The GR is then further implemented by CD No. 03/1999 on
The Safety Provisions of Radioactive Waste Management, which was adapted from Safety
Series No.12, 1965.

4. Decrees of Chairman of BAPETEN on Clearance Level still on final draft. BAPETEN adopts
the IAEATECDOC-1000 on Clearance of materials resulting from the use of radio nuclides in
medicine, industry and research, the RS-G-1.7 on Application of the Concepts of Exclusion,
Exemption and Clearance, etc.
General Safety Provisions for Transport of radioactive material
Transport of radioactive material shall be managed within an appropriate legal framework through act,
regulations, guides etc.
Established national regulation related to the safe transport of radioactive material:
1. Act No. 10 Year 1997 on Nuclear Energy;
2. GR No. 29/2008 on The Licensing of Ionizing Radiation Souce and Nuclear Material.;
3. GR No. 26/2002 on Safe Transport of Radioactive Material;
4. CR No. 04/1999 on Safety Provision of Transport of Radioactive Material;
5. CR No. 05-P/2000 on Guideline for Safe Transport of Radioactive Material Requirements.
General Safety Provisions for Nuclear Reactor
All of the regulation must harmonize with the IAEA recommendation and international standard. It
means that the change of the international standard will influence the regulation.
GR No. 43/2006 on The Licensing for Nuclear Reactor and there are 7 related draft of BAPETEN
Chairman Regulation on:
1. Site Evaluation for Nuclear Reactor
2. Guide for Dispersion of radioactive materials in air and water
3. Guide for Vulcanology aspect on site evaluation of Nuclear Reactor
4. Guide for Meteorological Events in site evaluation of Nuclear Reactor
5. Guide for Geotechnical Aspects of Nuclear Reactor site evaluation and Foundations
6. Guide for Seismic Hazards of Nuclear Reactor
The main regulatory framework for medical exposure control in Indonesia is provided by the Act 10,
GR No. 33 and No. 29, and the following BCRs:
BCD No 01/Ka-BAPETEN/V-99: Working Safety against Ionizing Radiation based on ICRP No 26;
It is being amended in 2012, based on ICRP 103 and GSR Part 3 (BSS);
BCD 21/Ka-BAPETEN/XII-02: Quality assurance in radiotherapy facility based on Tecdoc 1040;

 BCR NO. 8 Year 2011: Radiation Safety in Radiology Diagnostic and Interventional;
BCR NO. 9 Year 2011: Compliance Test in Radiology Diagnostic and Interventional.
Final drafts of some BCR documents related to medical exposure to be approved by BAPETEN
Chairman are:
BCR (Final draft): Regulation on Safety and Security of Radioactive Source in Radiotherapy facility
BCR (Final draft): Regulation on Safety in Nuclear Medicine.
BCR (Final draft): Radiation Safety for Ionizing Radiation (BCD No. 01 year 1999, Revised )
Radioactive Waste is regulated through GR No. 27 (2002) and BCD No 03/Ka-BAPETEN/V-99.
Transport of Radioactive Materials is regulated through GR No. 26 (2002) and BCD 04/KaBAPETEN/V-99 which will be amended in 2013 to be harmonized with recent IAEA safety and
security standards.
Indonesia has established a national framework for Nuclear Emergency Preparedness System, as
stipulated in the Government Regulations No. 54 (2012) on the Safety and Security of Nuclear
Installations, Chapter 5 on Nuclear Emergency Preparedness and Response. The draft structure of
National Nuclear Emergency Response Organization (NERO) has been agreed.
Government Regulations (GR), supplemented by Presidential Regulation (PR) and BAPETEN
Chairman Regulation (BCR), form the remainder of the legal framework for radiation safety in
Indonesia. The Agency during the GC 2008 bilateral meeting with Indonesia was informed that two
regulations have been amended and approved by the President of Indonesia including GR no. 33 (2007)
entitled "Safety of Ionizing Radiation" and GR no. 29 (2008) entitled "Licensing of Ionizing Radiation
Sources and Nuclear Material". These two regulations respectively replace the GR No. 63 and the GR
No. 64 (2000). To make the regulations fully compatible with the BSS, some specific BAPETEN
Chairman Regulations shall be established and updated.
3 - Appraisal criteria fully met

Regulatory Body Establishment and Independence

Act No. 10 (1997) on Nuclear Energy stated that Government was to establish a regulatory body under,
and directly responsible to, the President. This regulatory body was to have the task of controlling all
activities using nuclear energy, for establishing regulations, conducting the licensing processes and
organizing inspections.
A new structure of organization of BAPETEN established on May 8, 2008 (as shown below) set up an
Education and Training Unit. Main structure of organization are the same with the one stated in the
Country Status Report, May 2007 Version.
Presidential Decree No. 76 (1998) established BAPETEN as an effectively independent regulatory
body, reporting directly to the President. This Decree has been amended several times by amendments

PD No. 103 (2001) and PD No. 3 (2003), which specifies BAPETEN as the Regulatory Body and
prescribed some its functions.
The level of independency:

The regulatory body, is effectively independent, reporting directly to the office of the president.
Ministry of science and Technology coordinates BAPETEN routine activity.
Budget sources: State Budget

Organization structure of BAPETEN, from the country report 2009 (RCA Philippines) is shown below:

The regulatory body, BAPETEN, is effectively independent, reporting directly to the Office of the
President. It is adequately empowered by legislation, with the right to communicate directly with other
governmental authorities.
3 - Appraisal criteria fully met

Regulatory Body Staffing and Training

BAPETEN has around 441 staff in total with about 219 staff (including 12 lawyers) allocated to
licensing and inspection and associated regulatory functions. The qualifications, experience and
expertise of staff members varies widely.

A 5-year plan is followed for staffing recruitment. Licensing and inspection staffs are generally
recruited at basic degree level.
New staff receives a 2-week initial training in basic radiation protection applicable legislation and
fundamentals of nuclear science and technology. A training program including syllabus, training
material, etc. for inspectors have been established (Training for licensing evaluator; computation and
codes for assessment) from 2007.There are 4 levels of inspectors, promotion from one level to the next
being by examination and/or training. The decision whether personnel are qualified to perform different
procedures independently is not formalized, but attention is being given to the development of job
descriptions. Basic Professional Training Courses (BPTC) are also provided for different groups of
technical staff regulating radiation and nuclear.
BAPETEN employs an adequate number of personnel. The qualifications, experience and expertise of
staff members vary widely. Some training of new staff and technical staff is provided, but a wellestablished, systematic mechanism for ensuring the adequate training of staff members has not yet been
established.
Staffing levels
Ranks: Start from IIIa (for fresh bachelor new employee) to IIId; and, IVa to IVe for senior
employees. It normally takes 4 years to reach the next higher level rank. Exception can be given based
on criteria of professionalism.
Echelons (Managerial): Start from Echelon I for the Chairman and Deputies and the Executive
Secretary, with minimum ranks of IVc; Echelon II for Director levels, with minimum ranks of IVb;
Echelon III for Head of Subdirectorate or Division, with minimum ranks of IVa; Echelon IV for Head
of Subdivision, with minimum ranks of IIIc.
Qualification and training
Technical staff: Minimum D3 from technical school, preferably bachelor or higher degree from
science and technology; Bachelor degree from law school for staff in Rulemaking Directorates and
Bureau of Legal and Organizational Affairs.
Training arrangements:
o Introduction to BAPETEN for all new staff.
o Radiation protection for all new staff (class for technical and non-technical staff).
o Basic Professional Training Course (BPTC) for all new technical staff
o Technical training: Training for inspector with leveling; Training for licensing evaluator; Computation
and codes for assessment; QA/Management System;
o Introductory training to legal affair for technical staff.
o Legal drafting training for legal staff.

When the staff begin work in BAPETEN they shall take course on introduction of the duties of
BAPETEN. In this course all of the directors as lecturers give explanation about the directorate or unit
job in detail. It is include organization supporting job or administrative job. From this training will be
expected that all of the fresh employee will be familiar with the duty of the Regulatory Agency.
The next training is Radiation Protection Course for technical and supporting staff. For supporting staff
the training is more easier because they do not need to continue but for technical staff is more difficult
because it will be used when they take another course for their career. The training course on Radiation
protection is carried out by BAPETEN and all of the lecturers are from BAPETEN.
For the Safeguards, there is National Training Course on Safeguards and Additional Protocol. It can be
participated by BATAN or BAPETEN staff.
Recently BAPETEN is still developing the training course for inspector. There are 3 groups of inspector
such as Nuclear Installation and Nuclear Material, Safeguards, and Medical and Industrial inspector.
The training inspector consist of 4 levels viz : Pratama, Muda/Junior, Madya/ Intermediate, and
Utama/Senior Inspector. BAPETEN has executed training for level Pertama and Muda. To reach higher
level the participant shall pass examination.
Besides some in-house training (organized by BATAN and BAPETEN), BAPETEN has made use of
external resources. Selected staff members received training abroad and in-house under the auspices of
the IAEA and since 1996 under a bilateral agreement with MITI at NUPEC in Japan on nuclear safety
regulation and safety analysis. BAPETEN has also sent our staff to take Train the Trainers (TOT)
Course on Nuclear Safety at Argonne National Laboratory in the USA (2002).
For the User/ Licensee staff they have to take training course on Radiation Protection before tested by
BAPETEN to get personal license. The personal license will be given to the participant after they pass
test and valid for 3 (three) up to 5 (five) years. To be an operator reactor or a supervisor reactor
BAPETEN carry out a test. If they pass test they will get personal license that valid for 5 year. The
course its self is executed by BATAN because BATAN has been accredited by National Accreditation
Commission of Indonesia.
BAPETEN employs an adequate number of personnel. The qualifications, experience and expertise of
staff members vary widely. Some training of new staff and technical staff is provided, but a wellestablished, systematic mechanism for ensuring the adequate training of staff members has not yet been
established.
3 - Appraisal criteria fully met

Regulatory Body Funding

The legislation through PD No. 76 (1998) provides for funding of BAPETEN by Government
allocation. The different divisions within BAPETEN prepare an annual funding plan to cover their
anticipated needs based on the projected workload for the next year.
BAPETEN has recently moved location to occupy different premises. A new 8-storey building was built
in 2004. Other equipment, such as vehicles, computers and nuclear and radiation instrumentations, are
adequate.

Licensing fees are paid to Government, rather than to BAPETEN. GR No. 27 (2009) sets the licensing
fees.
The regulatory authority appears to be provided with adequate financial resources to discharge its
responsibilities and maintain its independence.
Funding for the operation of BAPETEN is provided directly by Government allocation. Budgeting is
through the Parliament, and in coordination with Ministry of Science and Technology, Ministry of
Finance and the Agency of National Development Plan. Fees from licensing are paid into the
Government consolidated fund. BAPETEN has adequate financial resources to discharge its
responsibilities.
Funding for the operation of BAPETEN is provided directly by Government allocation. Fees from
licensing are paid into the Government consolidated fund. BAPETEN has adequate financial resources
to discharge its responsibilities, but it does not have appropriate radiation detection survey instruments
for all the practices that are inspected.
3 - Appraisal criteria fully met

Coordination and Cooperation at the National Level

List of Mo U signed with:
Ministry of Health;
University of Indonesia, Jakarta;
Bandung Institute of Technology, Bandung;
Gadjah Mada University, Yogyakarta;
Diponegoro University, Semarang;
Academy of Environmental Institutes (STTL), Yogyakarta
National Agency for Information and Geospatial (BIG)
National Agency for Disaster Management (in progress for Mo U signature);
Director General of Customs and Excise (in progress for Mo U signature);
National Coordination Agency for Maritime Security (in progress for Mo U signature);
Police of Indonesia (in progress for Mo U signature).
Cooperation and coordination at the national level have been formally established with the Ministry of
Health, several Local Governments, and intensive collaboration has been established with other
government agencies.

Cooperation and coordination at the national level have been formally established with the Ministry of
Health and informal links are maintained with several other Departments.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

International Cooperation
Indonesia has been an IAEA Member State since 1957 and is party to the following Multilateral
Agreements:
Multilateral Agreements

Title
P&I
CPPNM

VC
NOT

ASSIST

NS

VC/OP
JP
RADW

Agreement on the Privileges and Immunities

of the IAEA
Convention on the Physical Protection of
Nuclear Material

Vienna Convention on Civil Liability for

Nuclear Damage
Convention on Early Notification of a
Nuclear Accident

Convention on Assistance in the Case of a

Nuclear Accident or Radiological
Emergency
Convention on Nuclear Safety

Optional Protocol Concerning the

Compulsory Settlement of Disputes
Joint Protocol Relating to the Application of
the Vienna Convention and the Paris
Convention
Joint Convention on the Safety of Spent Fuel
Management and on the Safety of

In
Force
197106-04
198702-08

Status
acceptance: 197106-04
Signature: 198607-03
ratification: 198611-05
Non-Party

199312-13

Signature: 198609-26

199312-13

ratification: 199311-12
Signature: 198609-26

200207-11

ratification: 199311-12
Signature: 199409-20
ratification: 200204-12
Non-Party
Non-Party
Signature: 1997-

Radioactive Waste Management

Protocol to Amend the Vienna Convention

on Civil Liability for Nuclear Damage
SUPP
Convention on Supplementary Compensation
for Nuclear Damage
ARCAL
Co-operation Agreement for the Promotion
of Nuclear Science and Technology in Latin
America and the Caribbean (ARCAL)
RSA
Revised Supplementary Agreement
Concerning the Provision of Technical
Assistance by the IAEA (RSA)
RCA
Third Agreement to Extend the 1987
Regional Co-operative Agreement for
Research, Development and Training Related
to Nuclear Science and Technology (RCA)
ARASIA Co-operative Agreement for Arab States in
Asia for Research, Development and
Training Related to Nuclear Science and
Technology (ARASIA)
AFRA
African Regional Co-operative Agreement
for Research, Development and Training
Related to Nuclear Science and Technology
(AFRA) - Third Extension
CPPNME Amendment to the Convention on the
Physical Protection of Nuclear Material
Last updated on 2010-06-09 by OLA
Safeguards Agreements

10-06
ratification:
2011.04.01
Signature: 199710-06
Signature: 199710-06
Non-Party

PVC

Reg.No Title
1404

198007-04

Signature: 198007-04

200202-15

acceptance: 200202-15
Non-Party

Non-Party

ratification: 201005-27

In
Force
198007-14

Status

Application of safeguards in connection with

Signature: 1980the Treaty on Non-Proliferation of Nuclear
07-14
Weapons
1710
Protocol Additional to the Agreement between 1999- Signature: 1999the Republic of Indonesia and the IAEA for the 09-29 09-29
Application of Safeguards in Connection with
the Treaty on the Non-Proliferation of Nuclear
Weapons
The regulatory body also has links with a number of other external organisations, principally related to
safeguards matters.
It has a formal agreement with the USA, Canada, Australia, Malaysia, South Korea, and Slovak
Republic to enhance and improve its radiation protection programme.

Indonesia has expressed support for the Code of Conduct on the Safety and Security of Radioactive
Sources.
Necessary cooperation is formaly established and maintained with the IAEA and agreements for
cooperation exist with the USNRC, USDOE, and Canadian radiation safety regulatory authority.
In regional level, Indonesia is one of member state to SEANWZ (South East Asia Nuclear Weapon
Zone) who participate to maintain nuclear security and safety in this region.
Necessary cooperation is formally established and maintained with the IAEA and agreements for
cooperation exist with the USNRC, USDOE, and Canadian radiation safety regulatory authority.
Indonesia has expressed support for the Code of Conduct on the Safety and Security of Radioactive
Sources.
3 - Appraisal criteria fully met

Notification and National Register of Radiation Sources

GR No. 33 (2007) on "Safety of Ionizing Radiation and the Security of Radioactive Sources" and GR
No. 29 (2008) on "Licensing of Ionizing Radiation Sources and Nuclear Material" which respectively
replaced the GR No. 63 and the GR No. 64 (2000) appears to have extended the regulatory processes to
include all notification, licensing, exemption and clearance practices.
There is no legal provision yet for the maintenance of a national register of radiation sources and the
current national register of sources may be incomplete and is dependent on licensing applications.
BAPETEN has records of imported sources and of those subject to licensing control, but there are other
sources that remain outside its database. Indonesia is not using RAIS, but has developed its own system
with a web platform (BAPETEN Licensing and Inspection System B@LIS).
For notification of radiology diagnostic and Interventional practices, BAPETEN has established a
National Project (2008-2012), by BAPETEN in cooperation with the MOH, Radiographer and
Radiologist Association, and Local Government in Province, to obtain further information on medical
practices for further regulatory actions. This includes information on the number, location and the status
of diagnostic and interventional radiology equipment; number of radiologists, radiographers, medical
physicist, etc. A training program included of clinical training for medical physicist
Indonesia has a 30 MW Multi Purpose Reactor (MPR), two TRIGA Mark II research reactors, a fuel
fabrication facility for the MPR, a radioisotope production facility, and a radioactive waste management
and storage facility.
Medical uses of radiation include about 5000 diagnostic radiography units, 18 radiotherapy units, and
16 nuclear medicine facilities.
Industrial uses include 4 irradiator facilities, about 500 industrial radiography units, about 2000 nuclear
gauges including neutron gauges, about 100 facilities using radiation sources for analytical or research
techniques, and many users of unsealed radioactive materials.

BAPETEN utilizes BAPETEN Licensing and Inspection System (B@LIS), a multi tasking web based
database system, to organize all information regarding licensing and inspection. BAPETEN gives each
applicant a specific password, where she/he can use it in BAPETEN website to monitor the progress of
their licensing process. Currently, B@LIS 1.5 has been setup in line with the application of GR No.
29/2008, which reorganize the structure of licensing process based on BSS-115.
The present legal framework does not make provision for notification and a national register of
radiation sources. However, the two new Regulations; GR no. 33 (2007) "Safety of Ionizing Radiation
and the Security of Radioactive Sources" and GR no. 29 (2008) "Licensing of Ionizing Radiation
Sources and Nuclear Material" which respectively replaced the GR No. 63 and the GR No. 64 (2000)
appears to have extended the regulatory processes to include all notification, licensing, exemption and
clearance practices. The current register of sources may be incomplete and is dependent on licensing
applications.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Authorization
By the Nuclear Energy Act and GR No. 29/2008, prior to any utilization of nuclear energy, a license
shall be obtained from BAPETEN. As stated by the GR, there are three categories (groups) of license,
i.e.:
Category A, such as: Import, export and transfer of radioactive sources, production of radiation
sources, industrial radiography, well logging, diagnostic radiology and interventional, radiotherapy,
nuclear medicine (therapy or in vivo), radioisotope production, radioactive waste management, etc.
Category B, such as: import, export and/or transfer of apparatus containing radioactive materials for
consumers product, storage of radioactive materials, nuclear medicine in vitro, industrial gauging and
baggage fluoroscopy;
Category C, such as: export or import of radiation sources, the uses of radioactive materials for
education, research and development, check source, etc.
To obtain a license, the applicant shall fulfill administrative, technical and/or special requirements. The
technical requirements (with grading) are as follows:
Operating procedures;
Technical specification in accordance with radiation safety standards;
Radiation protection and/or radioactive source security apparatus (N.A. for Category C);
Radiation protection and safety program and/or radioactive source security program (N.A. for
Category C);
Radiation safety and/or radioactive source security verification report (N.A. for Category B and C);
Medical checkup result of radiation worker (N.A. for Category C); and/or

 Personnel qualification data:

? Radiation protection officer and other qualified personnel (N.A. for Category C);
? Authorized personnel for ionizing radiation sources (N.A. for Category B); and/or
? Radioactive source security nuclear material officer (N.A. for Category B and C).
For a specific type of Category A, in the case of evaluation of site, construction, commissioning,
operation, and/or enclosure, there are special requirements, such as:
Environmental impact analysis;
facility design in accordance with radiation protection and/or radioactive source security standard;
construction program or technical specification for construction;
commissioning program
quality assurance for construction and/or operation; and/or technical specification for ionizing
radiation sources; and
final condition detail of the facility in the case of enclosure.
Procedure for obtaining a license for Category A is as follows:
the applicant shall send an application documents to BAPETEN;
BAPETEN provides a completeness statement of the documents within three days;
If the documents are complete as required, BAPETEN assess the documents, otherwise they are
returned to the applicant;
The assessment shall be performed within 15 days (12 days for Category B; 10 days for Category C)
since the documents were stated as complete;
BAPETEN issues a license within 7 days (5 days for Category B or C) if the documents assessed as
fulfill all related requirements, otherwise BAPETEN informs the applicant within 5 days after the
assessment;
In the last case, the applicant shall resubmit the revised application documents within 15 days (12 days
for Category B; 10 days for Category C) after BAPETEN inform the applicant, otherwise the applicant
is considered as withdrawing the application;
Revised application are treated the same with new application.
Noted that time frame and detail requirements would be different for license Category with special
requirements.

Permits can be given for activities such as transport of radioactive or nuclear materials and modification
of facility where this modification can impact to the safety or security aspects. In the case of transport of
radioactive matter, the consignor and the consignee shall have a license from BAPETEN prior to the
consignment.
Clearance from regulation can be given for open radioactive sources, radioactive waste or contaminated
or activated materials after reaching clearance level. Application for clearance shall be submitted to
BAPETEN, together with radiation monitoring results and analysis of activity and contain in the
material contaminated or activated. If clearance level fulfilled, BAPETEN then issues a clearance
statement.
Exemption can be given for the uses of radioactive materials, ionizing radiation generators and
apparatus containing radioactive materials within exemption level for consumer products. The
exemption level is taken from BSS-115 and adopted as the attachment of GR No. 29/2008.
The criteria for approval of licensing actions are prescribed in GR No. 29. However the RaSIA team
(2004) noted that BAPETEN did not have well-developed internal procedures and/or checklists to be
used by the staff to review licensing actions in a systematic and consistent manner.
Renewal of authorizations is determined in the government regulations - typically renewal every 2 years
(or at shorter or at longer intervals, depending on source type). The duration validity of licensing is
based on the potential magnitude and nature of risks associated with practice types, taking into
consideration on radiation hazard potential, complexity of the facility and/or the ionizing radiation
sources, the number and competence of the radiation personnel, the potential of radiological accident
consequences to the safety, health of worker and public and the protection of environment and the
potential of threat on the radioactive sources.
The regulatory body licensing system is operational and covers all practices and sources. The criteria for
approval of licensing actions are available for internal procedures and/or checklists to be used by the
staff for reviewing licensing actions in a systematic and consistent manner. However, the procedure and
checklist are subject to continuous improvement.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Safety and Security of Radioactive Sources

The current legislative framework provides the basis for safety and security of radioactive sources.
BAPETEN has established a regulation on the security of sources (GR No 33 (2007) and BCR No 7
(2007)).These regulations has been made public and its compliance is required for licensing application.
In order to ensure the safety and security of radioactive sources, BAPETEN uses some procedures, such
as: rulemaking procedure in order to develop an effective regulation, licensing procedure (including
notification, registration, exemption and exclusion) and inspection procedure (including enforcement).
BAPETEN also performs regulatory assessments to improve its regulatory system. With the application
of B@LIS, management procedure of document control and record is implemented by BAPETEN to
ensure that data related to the safety and security of radioactive sources are keep up to date. The data
includes source import, use, export, transfer, storage and disposal. Currently B@LIS is revised in
accordance with GR No. 29/2008.

Government Regulation No.33/2007 on Safety of Ionizing Radiation and Security of Radioactive

Sources. This government regulation (GR) replacing the government regulation no. 63/2000 on the
Safety aspect of Radiation Application. Some items are added in the new regulations, such as: Safety
aspect of NORM; Security of radiation sources including transportation
Current regulations do not specify clear actions with respect to orphan sources, but BAPETEN is
implementing an action plan to bring orphan sources under control. BAPETEN made some effort to
deal with orphan source and prevent illicit trafficking with some cooperation with other local
authorities, such as Department of Transport, Police and Customs. Especially in the last four years, this
cooperation was materialized with technical seminar and workshops both for managerial and technical
staff in the fields. BAPETEN considers continuing this cooperation in the future
The SECURITY OF RADIOACTIVE SOURCES PROGRAM includes:
SECURITY PLAN
Description of radioactive sources and its use
Description of the environment, building and/or facility where the source is use or store
location of the building or facility relative to areas accessible to the public
inventory of the sources
MEASURE
In use
Storage
Transport
SECURITY ORGANIZATION
In Indonesia, all of the DSRS are defined as radioactive waste, and if can not be repatriated to the origin
manufacturer, must be stored in Radioactive Waste Technology Center (RWTC) - BATAN.
Consequently industries/hospitals must send the DSRS immediately to RWTC-BATAN. Management
of DSRS inside RWTC is well established, i.e., the database is always updated periodically using the
MIS developed by BATAN; and conditioning follows the national regulations and international
recommendations. The challenge is on the transportation of DSRS. Indonesia is the biggest archipelago
country in the world, and in consequence, the transportation of DSRS is complicated. By considering
the weak infrastructure on transportation and also frequent denial of shipment of DSRS in all modes
make every stakeholders (BAPETEN, BATAN, Transportation Ministry and other parties) must work
hard to solve this problems.
For the Import/export of sources:
Importer or Exporter shall have license from Regulatory Authority

 Importer must ensure that recipient has a license from the Regulatory Authority before transfer of
category 1 and 2 radioactive sources.
Prior to the exportation of radioactive sources of Category 1 and 2 the exporter shall ensure that
recipient has license from the Regulatory Body or authorized institution of the destination state
Licensees intending to export Category 1 or 2 radioactive sources shall also notify the regulatory body
of the importing State, and for Category 1 sources receive consent from this Regulatory Body before
exportation.
Importer or Exporter shall make available a temporary storage facility or radioactive sources that in
accordance with relevant security requirements.
License shall return disused imported radioactive sources to the State of origin.
If such return is not possible, disused sources shall be sent to the Executing Body for storage.
In case of the abnormal condition, loss of control or other security incident during practice or transport
of radioactive sources, the licensee shall promptly report to Regulatory Authority and others relevant
competent authority.
License must provide security measures in case of emergency due to malicious act.
The current legislative framework provides the basis for safety and security of radioactive sources,
BAPETEN has put the Security of Radioactive Sources in GR No. 33 Year 2007. There are some
important Articles (Chapter V) related to security. On Article 60 until 74 of the GR, it is stated that
categorization, security in Import, Export, Use, Storage and Transport, Responsible of Licensee and also
security measures in case of emergenccy and orphan source. More detail and technical regulation on
security, were put in BCR No.7 Year 2007 on Security of Radioactive Sources (effective on 8 June
2010). In 2008 until now, BAPETEN held workshops on source security to Stakeholders. In cooperation
with the US-DOE (Department of Energy USA), BAPETEN is assisting the users with security
equipments, infrastructure and training to Security Guards.
In order to ensure the safety and security of radioactive sources, BAPETEN uses some procedures, such
as licensing procedure (including notification, registration, exemption and exclusion) and inspection
procedure (including enforcement). BAPETEN also performs regulatory assessments to improve its
regulatory system. With the application of B@LIS, management procedure of document control and
record is implemented by BAPETEN to ensure that data related to the safety and security of radioactive
sources are keep up to date. The data includes source import, use, export, transfer, storage and disposal.
BAPETEN currently develops an electronic information storage system, as a backup for hardcopies.
BAPETEN made some effort to deal with orphan source and prevent illicit trafficking with some
cooperation with other local authorities, such as Department of Transport, Police and Customs.
Especially in the last few years, this cooperation was materialized with technical seminar and
workshops in these fields. BAPETEN considers continuing this cooperation in the future.
The current legislative framework provides the basis for safety and security of radioactive sources, but
future revisions will include specific requirements for the security of radioactive sources.

BAPETEN has established a regulation on the security of sources (GR No 33 (2007) and BCR No 7
(2007)). These regulations has been made public and its compliance is required for licensing
application.
BCR no. 7 (2007) on Security of radioactive sources effective on 8 June 2010.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Inspection
There is an established inspection program. BAPETEN has set a goal of inspecting all higher risk
facilities such as radiotherapy and brachytherapy sources annually and to inspect other facilities for
example for diagnostic radiology every 3-5 years.
Frequencies of inspection:
Research reactors for radiological safety: 2 times in a year.
Other nuclear installation for radiological safety: Once in a year.
License Category A: Once in a year.
License Category B: Once in 2-3 years.
License Category C: Once in 4-5 years.
BAPETEN conducts announced inspections at licensed facilities. There are inspection procedures and
checklists to be utilized by inspectors during routine inspections and for event follow-up. Inspection
frequencies have been established based on legally prescribed risk categories; however this
categorization is not based on IAEA criteria.
The RaSIA team concluded that while the planning for inspections appeared to be well-organized, the
guidance to inspectors and the check lists used do not cover all aspects of radiation safety and the
requirements of the existing legal framework.
The RaSIA team also noted that training of some inspectors in radiation measurements and
instrumentation appeared inadequate. Nonetheless, the inspectors training programme has been
established and the inspectors must undergo qualification training.
BAPETEN carries out inspections using staff from different groups/sections. This may give rise to a
potential conflict of interest between different work programmes as well as inconsistencies in approach.
In order to avoid conflicts of interest and to ensure the consistencies of inspection results and
coordination among inspectors from different groups, inspectors coordination meetings are regularly
held.
Following inspections, written inspection reports are provided to the licensee within a prescribed time
period.

The geography of Indonesia places particular demands on any inspection programme, and inspections of
facilities in remote places are unlikely to occur.
The inspection and review programme is operational, including the establishment of inspection
procedures and checklists to be utilized by inspectors during routine inspections and for event followup. Inspection frequencies have been established based on legally prescribed risk categories.
Inspector guidance and inspection forms are continuously updated to cover all aspects of radiation
safety and security and satisfy the requirements of the existing legal framework.
General:
By the Nuclear Energy Act, BAPETEN has a right to perform both announce and non-announce
inspection to any facility utilizing nuclear energy in the country, in a normal or in an emergency
situation.
Inspection can be performed regularly for all licensees or prior to the license granted as a method for
verification of licensing data given by the applicant.
Procedure:
In regular inspection, BAPETEN sends a letter to announce the date and program of inspection,
including the team of inspectors.
Inspection performed with: opening meeting, audit of documentation, field verification, inspection
report preparation, exit meeting with signature of the inspection sheet by the licensee or applicant.
Inspection sheet contain description of finding(s), regulation and guide violated, and related plan of
actions, both corrective and preventive actions, with the dead line of implementation.
Inspector prepares and signs the inspection (final) report.
In the case of inspection during an emergency situation, BAPETEN inspector monitors the progress
and the plan of actions both for the response and recovery plan. After the emergency situation can be
declared as terminated and in the case that inspection was performed after the emergency situation can
be declared as closed, BAPETEN make some investigation to comprehend the cause of the event.
BAPETEN may start with the incident report that shall be made by the licensee, if available. Obviously,
the Police have their authority to investigate the accident and declare the site as crime scene. BAPETEN
inspector then can be asked by the Police to be the expert witness, during the investigation and the trial,
should it goes to the Court of Law.
Reporting system:
Directorate of inspection prepares the cover sheet of inspection report package with the stressing of
legal aspect that the licensee shall aware of. The Directorate sends the package to the licensee and other
interested parties if necessary, such as the employer of the licensee, and the Police in the case of
significant violation and/or engaging Penal provision in the Law.
The inspection and review programme is operational, including the establishment of inspection
procedures and checklists to be utilized by inspectors during routine inspections and for event follow-

up. Inspection frequencies have been established based on legally prescribed risk categories; however
this categorization is not based on IAEA criteria.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Enforcement
BAPETEN is empowered to issue sanctions including written notices of violations, or the revocation of
the licence. There are also monetary penalties/fines. Typically BAPETEN uses successive reminders for
corrective action before resorting to a particular sanction.
Guidance on procedures to be followed with enforcement actions has been formalized. Intensive
collaboration with other enforcement agencies (e.g. Police, Justice) have been established.
Legislation system in Indonesia arranges that the Police have the right to perform law enforcement
regarding all articles in any law with penal provision. BAPETEN has a right to do the administrative
enforcement such as suspending and terminating a license according to any administrative provision.
Therefore, BAPETEN inspector, as a government employee, shall report any violation of penal
provision she/he observed to the Police, which then perform their enforcement duties.
Information on infringements is being collected in order to develop a policy on graded responses.
BAPETEN is empowered to issue sanctions including written notices of violations, or the revocation of
the licence. There are also monetary penalties/fines. Typically BAPETEN uses successive reminders for
corrective action before resorting to a particular sanction.
Guidance on procedures to be followed with enforcement actions has been formalized. Intensive
collaboration with other enforcement agencies (e.g. Police, Justice) have been established.
1 - Appraisal criteria is not met and actions are under way to make improvements, but these will not
achieve full compliance with the criterion.

Information Management
There is no written policy for the collection of national and international information with a bearing on
safety in authorized practices, or for provision of public information.
However BAPETEN has a website, containing general information as well as downloadable files of all
the Acts, GRs, PDs and BCDs. (http://www.bapeten.go.id).
There is a systematic programme for public information, in accordance with Act No 14 (2008) on
Public Transparency. Hence BAPETEN has to obey the act and its lower regulation; a website
containing general information as well as downloadable files of all the Acts, GRs, PRs and BCRs is
available.
The Public may submit a report any incident involving radiation source and radioactive materials via
sos@bapeten.go.id, or inquiring any regulatory information or arrangement via info@bapeten.go.id. It

is arranged internally that BAPETEN has to answer any incoming letter or email inquiring the
information ASAP, in three days at maximum.
There is systematic programme for public information. BAPETEN has a website containing general
information as well as downloadable files of all the Acts, GRs, PRs and BCRs.
2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within
a defined time scale.

Quality Management
In May 2005 BAPETEN establishes SIJAMUPATEN (Quality Assurance System for Nuclear
Regulation) as the quality manual. In October 2011 BAPETEN has revised the SIJAMUPATEN with
BAPETENs Management System as a Level-1 document. All directorates have to establish their own
procedures as the Level-2 documents, especially procedures related to radiation safety and security
which are in the top priorities. Internal Quality Team is scheduled to performed internal audit to these
documents.
Quality management systems for maintaining the effectiveness and efficiency of the regulatory
programme are in place and an action plan has been proposed to develop such a programme.
1 - Appraisal criteria is not met and actions are under way to make improvements, but these will not
achieve full compliance with the criterion.