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[en] Article 10 of the Paris Convention, as amended by the 2004 Protocol (the 'revised Paris Convention') requires that nuclear operators financially cover their nuclear liability for the revised heads of damage under Article 2 of this Convention. Several options for the financial coverage are available in the nuclear insurance industry. Under certain conditions, described in Article 10(c) of the revised Paris Convention, the State, in the territory of which the nuclear operator is situated, may be required to provide 'the necessary funds to the extent that the insurance or other financial security is not available or sufficient to satisfy such claims'. For a better understanding of the information provided in this Table, the following clarifications may be useful: - Not Covered means that there is no insurance or other financial security available for the respective heads of damage; - a State guarantee means that the State will have provided a guarantee to the operator and that the State will therefore bear the risk of the operator's insolvency if the operator is required to reimburse the sums; - a State reinsurance means that the State will provide re-insurance to the operator's insurer(s), whether directly or through a state-owned reinsurer; - these two mechanisms may be combined (e.g. the State provides a guarantee to a State-owned reinsurer that will cover risks that are not covered by private insurance).
[en] Small Modular Reactors (SMRs) are gaining recognition among policymakers and industry players as a promising nuclear technology. SMRs can be defined as nuclear reactors with a power output between 10 MWe and 300 MWe that incorporate by design higher modularization, standardisation and factory-based construction levels enabling more predictable delivery models based on the economies of series. Today, more than 50 concepts are under development covering a wide range of technology approaches and maturity levels. The value proposition of the SMR technology also includes potential financing and system integration benefits. These attractive features, however, rely on a business case that requires the development of a global SMR market to become economically viable. Large-scale deployment of SMRs faces several technical, economic, regulatory and supply chain challenges and will need considerable governmental efforts and efficient international collaborative frameworks to be realised in the next decade.
[en] Recent improvements and harmonisation of legislation applicable to the back-end part of the nuclear fuel cycle nuclear power engineering in Slovakia are described. Slovak legislation has been putting stress on the creations of mechanisms enabling this part of nuclear power to be successfully and safely implemented by guaranteeing sufficient resources. Hence, the preconditions are foreseeability, continuous performance and long-term sustainability. A new Nuclear Fund Act (Act No. 308/2018) and Radiation Protection Act (Act No. 87/2018) have been adopted by the Slovak Parliament in 2018. The main points of the acts are outlined. (author)
[en] Nuclear energy has always been subject to debate. Mainly, its opponents point out the high risk implied by the use of nuclear energy. This risk is not comparable to any usual industrial risk considering its characteristics and its significant consequences for human being and environment. The principal stake concerns the nuclear operator's civil liability provided by international conventions of Paris, Brussels and Vienna which created a specific liability regime, complemented by the national legislations during their transposition. It is important to focus on the application of this specific liability regime for final shutdown and dismantling of nuclear power plants. The paper analyzes the efficiency of such specific liability in order to assess whether it is appropriated, especially to the nuclear risk led by the dismantling of nuclear power plants and the costs involved by a nuclear accident during these operations. (author)
[fr]L'energie nucleaire a toujours fait debat. Les opposants lui reprochent principalement le risque nucleaire. Celui-ci ne peut etre compare a un risque industriel classique du fait de ses caracteristiques et de l'importance et de la nature des dommages catastrophiques pour l'homme et l'environnement. Le principal enjeu porte sur la responsabilite civile de l'exploitant et a entraine la mise en place d'un dispositif derogatoire au droit commun, prevu par les conventions internationales de Paris, Bruxelles et Vienne, et complete par les legislations nationales qui les transposent. Il est important de bien cerner l'application de ce dispositif dans le contexte des operations de demantelement en France et de determiner s'il repond in fine a la problematique suivante: est-il adapte au risque inherent aux operations de demantelement et permettrait-il une prise en charge efficace du cout des reparations d'un dommage issu d'un accident survenant lors du demantelement d'une installation nucleaire? (auteur)
[en] This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: Public funds correspond to the amounts provided from public funds beyond the Operator's Liability Amount to be made available by the States parties to the BSC or CSC according to such conventions, or by any public authority pursuant to applicable laws and regulations. International funds correspond to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula provided in the respective conventions. The amounts provided in the table corresponds to the total amount of the international funds calculated. For the CSC international fund, the amount has been calculated by the IAEA on-line calculator available at https://ola.iaea.org/ola/CSCND/index.html on the day the table was updated. SDR is a unit of account used by the International Monetary Fund and is based upon a basket of weighted currencies. The latest exchange rates of SDRs per currency units are available at www.imf.org/external/np/fin/data/rms_five.aspx. Interest and legal costs are not specified in the table.
[en] The outcome of the UK referendum on withdrawal from the European Union has resulted in a UK government decision that the UK must withdraw from Euratom. As at the date of the Waste Management Symposia, half of the 2-year programme for agreeing the terms of exit and putting in place replacement arrangements will have passed. If no agreement is reached by 29 March 2019 and no extension of that deadline is agreed the UK will automatically exit Euratom on that date. Aside from potential trade tariffs, Euratom exit will create binary questions on acceptability of nuclear trade and collaboration with the UK, reflecting current reliance on the UK's status as a Euratom member in establishing and implementing acceptable safeguarding requirements, ensuring inclusion of the UK within the scope of existing Euratom nuclear cooperation agreements, and as a basis for current UK bilateral nuclear cooperation agreements. This in turn risks disruption of international nuclear cooperation and trade, including provision of resources and know-how in support of the UK waste and decommissioning effort and international movement of waste for treatment. The paper will consider the current status of negotiations for UK withdrawal from Euratom, development of replacement safeguarding arrangements and replacement of international nuclear cooperation agreements essential to future nuclear cooperation and trade with the UK, taking into account: - the current and future legal basis of UK safeguarding obligations, including potential changes to the UK's Voluntary Offer Safeguards Agreement under the Non-Proliferation Treaty and likely acceptability of replacement arrangements to key nuclear trading partners; - practical arrangements for meeting those obligations post Euratom reliance via independent safeguarding arrangements; and - the need for and challenges in replacement of the UK's current reliance on its status as a Euratom member in taking the benefit of the existing US / Euratom s123 Agreement and other Euratom nuclear cooperation agreements. The paper will also provide a brief update on recent developments in international nuclear liabilities. The last 2 years have seen significant changes, with the Convention on Supplementary Compensation finally entering into force on 15 April 2015 and significant progress towards ratification of the 2004 Protocols to the Paris and Brussels Conventions. These changes are to be welcomed as beneficial to international cooperation, but also bring changes to liabilities risks associated with international movement of nuclear materials. Despite clear advances nuclear liabilities risks remain a significant consideration in negotiation of international nuclear contracts, recognising beneficial changes as well as on-going areas of risk and uncertainty. (authors)
[en] During normal operations and particularly in the event of the unexpected, an adequate legal framework for the safe, secure and peaceful use of nuclear technology is indispensable. The national and international nuclear legal systems of today provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner that adequately protects individuals, property and the environment, and helps determine liability when something goes wrong. The 1986 Chornobyl accident prompted the swift adoption of the Convention on Early Notification of a Nuclear Accident (Early Notification Convention) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Assistance Convention), which form the legal basis for the international emergency preparedness and response framework. Further negotiations led to the adoption of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention in 1988, as well as the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and the Convention on Supplementary Compensation for Nuclear Damage in 1997. In addition, the 2011 Fukushima Daiichi nuclear accident catalyzed efforts to further strengthen the existing framework for nuclear liability and safety.
[en] The Convention on supplementary compensation for nuclear damage (CSC) is one of the international conventions in the field of civil liability for nuclear damage, and has been adopted in 1977 and, since then, signed by 19 States. In this contribution, the author briefly presents the international system which supports this civil liability for nuclear damage, its components and its scope: international conventions and principles of the civil liability for nuclear damage, case of countries outside of international conventions. Then, he presents the main arrangements of the CSC: scope of application, compensation mechanism (levels and modalities of brackets of compensation, jurisdictional competence and applicable law, regime of civil liability for nuclear damage). He finally discusses the scope of the entry into force of the CSC: effect of the admission of the USA in the system of international conventions related to the civil liability for nuclear damage, extension of the community of States submitted to the civil liability for nuclear damage.
[fr]La Convention sur la reparation complementaire des dommages nucleaires (CRC) est l'une des conventions internationales dans le domaine de la responsabilite civile pour dommage nucleaire (plus communement designee sous l'appellation de 'responsabilite civile nucleaire' - RCN). Elle a ete adoptee le 12 septembre 1997 par une Conference diplomatique, reunie sous l'egide de l'Agence Internationale de l'Energie Atomique (AIEA), parallelement a l'adoption du protocole d'amendement de la Convention de Vienne. A ce jour, elle a ete signee par 19 Etats, fait l'objet d'une procedure de ratification, d'acceptation ou d'approbation par 8 Etats et est entree en vigueur, grace a l'adhesion du Japon, le 15 avril 2015. Cette entree en vigueur constitue un evenement considerable dans le domaine de la RCN, dans la mesure ou elle permet aux Etats-Unis d'entrer dans le systeme de conventions internationales qui regit ce domaine, et ou elle marque une etape majeure vers un regime mondial susceptible a l'avenir de beneficier d'une large adhesion des pays nucleaires comme des pays non nucleaires. Mais pour en comprendre l'importance, il faut tout d'abord rappeler en quoi consiste ce systeme et quelles sont ses principales dispositions. La presente etude a pour objet: - de presenter succinctement le systeme international de RCN, ses composantes et son objet (I); - de presenter les principales dispositions de la CRC: son champ d'application et son contenu (II), - d'analyser la portee de son entree en vigueur eu egard a la situation preexistante (III).
[en] Regulatory Framework - National Regulations: Decree on licensing of nuclear facilities; About 40 regulation 25 of which are related to the nuclear facilities and activities; All regulations are under revision to ensure conformance with new regulatory infrastructure and framework and to update in accordance with latest IAEA requirements; Five Guidelines for the applicants; About 25 internal procedures, including review and assessment guidelines and Project Management Plans for ongoing authorization projects. Safety Regime - Bilateral Peaceful Use: USA, Canada, France, South Korea, Russia, Argentine, Germany, China, Jordan, Japan. Multilateral Safety Related: Nuclear Safety Convention; Paris Convention on Liability; Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention; Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; Convention on Early Notification of a Nuclear Accident; Joint Convention on Management of Spent Fuel and Management of Radioactive Waste (signed but not ratified yet non technical reason). Multilateral Security Related: Treaty on the Non proliferation of Nuclear Weapons; Convention on The Physical Protection of Nuclear Material (ratification of Amendment to CPPNM is in - Comprehensive Nuclear Test Ban Treaty - International Convention for the Suppression of Acts of Nuclear Terrorism. Safeguards: Agreement Between the Government of the Republic of Turkey and the IAEA for the Application of Safeguards in Connection with NPT; Protocol Additional to the Agreement Between the Government of the Republic of Turkey and the IAEA for the Application of Safeguards in Connection with NPT.
[en] Within the UK's nuclear safety regulator (Office for Nuclear Regulation; ONR) nuclear liabilities regulation addresses the safe management of radioactive waste, decommissioning and land quality through a facility's lifetime. Higher activity radioactive waste (HAW) could be stored on site for up to 150 years prior to disposal, Magnox decommissioning sites are planned to be in Care and Maintenance for up to 70 years and Sellafield decommissioning is not planned to be complete until after 2100. The long timescales over which decommissioning occurs and radioactive waste is managed is a challenge to maintaining a suitable level of knowledge to effectively and efficiently regulate nuclear liabilities activities. There is a danger that implicit knowledge accumulated over decades could be lost as people retire. Effective knowledge capture and transfer are key elements in maintaining a workforce with the capacity and capability to deliver high levels of nuclear safety, given the demographics of the UK nuclear industry. Maintenance of recorded information over long timescales with changing technologies is necessary to allow safe storage and disposal of waste and intelligent response to incidents. As the safety regulator, ONR's ability to influence improvement in nuclear safety relies on our inspectors having access to high quality knowledge. The ONR Strategy 2016-2020 [1,2] commits to continue to recruit, retain and develop staff so that we have a core workforce with the capacity and capability to deliver high quality, enabling nuclear regulation. Over the next 30 years, the UK plans to develop a geological disposal facility and UK EDF power stations will transition into decommissioning. The ONR Knowledge Management Strategy sets out the activities planned to maintain specialist knowledge to support staff development and build organisational resilience. Guidance on waste management is given in 'The management of higher activity radioactive waste on nuclear licensed sites' (referred to as the Joint Guidance ) published by ONR and the UK environmental regulators. It includes our expectations for managing information and records relating to radioactive waste, and introduces the concept of Radioactive Waste Management Cases (RWMCs). Our expectation is that knowledge and records must both be managed and transferred in such a way that future licensees are properly equipped to ensure that waste continues to be managed in a manner that prevents or minimises hazards to human health and the environment. RWMCs are an effective vehicle for demonstrating how the key elements of long-term safety and environmental performance will be delivered over the life cycle of the waste. They give a history of how the waste has been managed, capturing information and change over time. This paper will look at the challenges to managing knowledge in the UK nuclear industry, focusing on the safe management of radioactive waste, decommissioning and land quality. It will look at the problems faced by both licensees and ONR, drawing out common challenges. The paper will outline the approach taken within ONR to capture and communicate waste management and decommissioning knowledge and experience. Finally, it will look at how ONR regulates and influences how knowledge and records are dealt with in the industry to ensure safe nuclear liabilities management in the long term. (authors)