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Sample records for nuclear liability conventions

  1. The nuclear liability conventions revised

    International Nuclear Information System (INIS)

    Reyners, P.

    2004-01-01

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  2. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  3. The 1968 Brussels convention and liability for nuclear damage

    International Nuclear Information System (INIS)

    Sands, Ph.; Galizzi, P.

    2000-01-01

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  4. Vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1996-01-01

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

  5. Vienna convention on civil liability for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-03-20

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23.

  6. International nuclear liability conventions: status and possible changes

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1978-01-01

    The table of ratifications and accessions annexed to this paper shows that despite the considerable progress achieved these past years and the entry into force of the Vienna Convention, the number of Contracting Parties to the Nuclear Civil Liability Conventions remains insufficient. The adaptation of the first of these Conventions - the Paris Convention - as well as its Brussels Supplementary Convention to the technical and economic developments which have taken place since their adoption should provide the means for encouraging their implementation at international level. The main amendments which are envisaged are replacement of the present unit of account by the Special Drawing Right, the increase of the amounts of liability and compensation and finally, the technical scope of the Paris Convention. (NEA) [fr

  7. Revision of the Paris and Brussels Conventions of Nuclear Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    2002-01-01

    The Contracting Parties to the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and to the 1963 Brussels Convention Supplementary to the Paris Convention, have concluded this Spring four years of negotiation on the revision of these instruments. This exercise was itself started as a logical consequence of the adoption in 1997 of a revised Vienna Convention on Civil Liability for Nuclear Damage and of a Convention on Supplementary Compensation for Nuclear Damage. The Contracting Parties have concluded that the existing regime established by these Conventions remains viable and sound but that it also warrants improvements to ensure that greater financial security will be available to compensate a potentially larger number of victims in respect of a broader range of nuclear damage. A number of more technical amendments have also been agreed, in particular to ensure compatibility with other existing Conventions in this field. When the revised Paris and Brussels Conventions come into force, the total amount of funds available for compensation, provided by the liable nuclear operator and by the States concerned, will be 1.5 billion euros. (author)

  8. Paris and Vienna nuclear liability conventions: challenges for insurers

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2004-01-01

    Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

  9. Developments in international convention on nuclear third party liability

    International Nuclear Information System (INIS)

    Reyners, P.

    2000-01-01

    A few years after the adoption of a Protocol to amend the world-wide Vienna Convention on Civil Liability for Nuclear Damage and of a new ''global'' Convention on the Supplementary Compensation of Nuclear Damage (September 1997), the countries which are party to the Western Europe based Paris and Brussels Conventions are working on the revision of these instruments within the OECD Nuclear Energy Agency. The objective of this exercise is not only to preserve the compatibility of the Paris and Vienna provisions, which is now an imperative deriving from the application of the 1988 Joint Protocol linking these two Conventions, but also to substantially improve certain features of this regime such as its technical and geographical scope of application, the facilitation of the rights of victims to defend their claims and, of course, the level of funds effectively available to compensate the damage. This paper reviews briefly the recent evolution of the international nuclear liability regime and discusses some of the challenges which the nuclear countries are facing in this context. (author)

  10. Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

  11. Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

  12. Improvement of nuclear liability system and pros and cons for becoming a party to conventions

    International Nuclear Information System (INIS)

    Kim, S. W.; Jang, K. H.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

  13. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    International Nuclear Information System (INIS)

    Reyners, P.

    1992-01-01

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  14. Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

    International Nuclear Information System (INIS)

    Tetley, M.

    2006-01-01

    The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

  15. International conventions on civil liability for nuclear damage. Revised 1976 ed.

    International Nuclear Information System (INIS)

    1976-01-01

    This revised edition contains the texts of the following multilateral conventions and instruments concerning civil liability for nuclear damage: The Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; The Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy (incorporating the provisions of the Additional Protocol of 28 January 1964); The Brussels Convention of 31 January 1963; Supplementary to the Paris Convention of 29 July 1960 (and incorporating the provisions of the Additional Protocol signed in Paris on 28 January 1964); and the Brussels Convention of 25 May 1962 on the Liability of Operators of Nuclear Ships. Final Act and Resolutions of the International Conference on Civil Liability for Nuclear Damage, held in Vienna from 29 April to 19 May 1963; Final Act of the International Legal Conference on Maritime Carriage of Nuclear Substances, held in Brussels from 29 November to 2 December 1971; and Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, adopted at Brussels on 17 December 1971

  16. The protection against nuclear risks under the international nuclear liability law: the geographical and technical scope of the international conventions on third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Kissich, S.J.

    2001-10-01

    This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage

  17. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  18. Protocol to amend the Vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

  19. Protocol to amend the Vienna convention on civil liability for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-22

    The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

  20. Dual Liability for Nuclear Damage in Conventions and Finnish Legislation in the Field of Transport

    International Nuclear Information System (INIS)

    Manninen, J.

    1986-01-01

    The exception made in the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy to the otherwise absolute channelling of liability in order to avoid conflicts with the then existing international agreements in the field of transport is briefly described. The dual liability created by this provision is studied, as well as the question whether and when the victim might prefer to base his claim on a transport agreement instead of the Paris Convention. The so-called nuclear clauses in the new agreements in the transport field are analysed. The problems caused by the absence of a nuclear clause in the Guatemala City and Montreal Protocols, amending the Warsaw Convention relating to international air carriage are noted. Finally the relationship between nuclear liability legislation and transport legislation in Finland, as well as the cases where a dual liability existed at the time of the ratification of the Paris Convention and the changes which have taken place since then are described. (NEA) [fr

  1. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J

    1994-12-31

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

  2. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.

    1993-12-31

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

  3. Concepts of nuclear liability revisited: a post-Chernobyl assessment of the Paris and the Vienna Conventions

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    1988-01-01

    The accident at Chernobyl caused evident damage to third parties. Nuclear third party liability law was applicable. It is thus timely to reassess the concept of the international civil nuclear liability regulations, with special reference to the accident and the proceedings which resulted from it. The first section deals with the basis of liability - the origin and development of the Paris and Vienna Conventions, various aspects of liability and international implementation of the Convention. The second part considers the limitations on the liability and the third part looks at recent developments and future prospects which include the draft of a joint protocol. (U.K.)

  4. Nuclear liability: Joint protocol relating to the application of the Vienna Convention and the Paris Convention, 1988

    International Nuclear Information System (INIS)

    1989-10-01

    The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted by the Conference on the Relationship between the Paris Convention and the Vienna Convention, which met in Vienna, at the Headquarters of the International Atomic Energy Agency on 21 September 1988. The Joint Protocol establishes a link between the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963. The Joint Protocol will extend to the States adhering to it the coverage of the two Conventions. It will also resolve potential conflicts of law, which could result from the simultaneous application of the two Conventions to the same nuclear accident. The Conference on the Relationship between the Paris Convention and the Vienna Convention was jointly organized by the International Atomic Energy Agency and the OECD Nuclear Energy Agency. This publication contains the text of the Final Act of the Conference in the six authentic languages, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, also in the six authentic languages and an explanatory note, prepared by the IAEA and NEA Secretariats, providing background information on the content of the Joint Protocol

  5. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  6. Civil liability: quantitative and qualitative limitations analysis in the occurrence of a nuclear disaster in view of international conventions

    International Nuclear Information System (INIS)

    Eiras, S.A.

    1994-01-01

    The Paris and Vienna Conventions were involved to establish the liability regime aiming the public protection without decrease in the development at nuclear area. The proposal of this work is to discuss the lacks and limitations of these to both Brazilian reality and Brazilian legislation, and analyze limitations in civil liability in the occurrence of nuclear disaster. (author). 7 refs, 1 tab

  7. Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

  8. Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-23

    The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

  9. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  10. The New International Nuclear Liability Conventions: Status of their Implementation into National Legislation

    International Nuclear Information System (INIS)

    Schwartz, J.

    2008-01-01

    Over the last decade or so, a number of significant improvements have been made to the international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of these new instruments is to provide more compensation to more victims in respect of more types of nuclear damage suffered than ever before. A second objective, at least for the VC and PC Protocols, is to maintain compatibility between the Paris and Vienna Conventions, thereby ensuring the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, both Vienna and Paris Convention States wish to ensure that the newly revised Conventions will not prevent them from joining the global liability and compensation regime established by the CSC, should they so wish. However, one wonders to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has drawn surprisingly little support from the 1963 Vienna Convention States and even less from those countries with important nuclear generating capacity but which have not yet joined any of the international nuclear liability and compensation instruments. For its part, and notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and only the future will tell whether it ever will, particularly given its strict requirements in this regard. As for the PC and BSC

  11. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2015-01-01

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  12. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    Energy Technology Data Exchange (ETDEWEB)

    Pelzer, Norbert

    2015-06-15

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  13. A bridge between two conventions on civil liability for nuclear damage: The Joint Protocol relating to the application of the Vienna Convention and the Paris Convention

    International Nuclear Information System (INIS)

    Busekist, Otto von

    2006-01-01

    The adoption of the Joint Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and the NEA, was hailed as landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. The present article attempts to describe the history of the Joint Protocol during the many years it took to develop this link between the two conventions, to provide comment on its objectives and content, and to discuss some important questions related to its application

  14. A bridge between two Conventions on civil liability for nuclear damage: the Joint protocol Relating to the application of the Vienna Convention and the Paris Convention

    International Nuclear Information System (INIS)

    Busekist, O. von.

    1989-01-01

    The adoption of the Joint-Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and NEA, was hailed as a landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. This article describes the history of the Joint Protocol during the many years it took to develop this link between the two Conventions, provides a comment on its objectives and content, and discusses some important questions related to its application. (NEA) [fr

  15. Optional Protocol concerning the compulsory settlement of disputes to the Vienna Convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1999-01-01

    The document reproduces the text of the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21 May 1963 by the International Conference held in Vienna from 29 April to 19 May 1963. It came into force on 13 May 1999

  16. Liability for nuclear damage and compensation therefor

    International Nuclear Information System (INIS)

    Prochazkova, D.

    1996-01-01

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  17. Ministerial Decree of 20 March 1979 excluding certain categories of nuclear substances from the scope of the Paris and Brussels Conventions on Nuclear Third Party Liability

    International Nuclear Information System (INIS)

    1979-01-01

    The purpose of this Decree is to exclude certain categories of nuclear substances from the scope of the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Its publication enables implementation at the internal level of the corresponding Decision taken by the OECD Nuclear Energy Agency's Steering Committee on 27 October 1977. (NEA) [fr

  18. Third party liability insurance for international transport of nuclear substances in countries party to the Paris Convention

    International Nuclear Information System (INIS)

    Lacroix, F.

    1977-01-01

    The number of international transports of radioactive materials has been increasing at an accelerating rate for several years. These transports are subject to specific safety rules which must be complied with in order to obtain nuclear third party liability cover. In general nuclear transports are insured under a policy which differs from that for installations. Transport policy criteria have been harmonized to some extent, in particular, in the frame of the OECD Nuclear Energy Agency. Certificates established by the competent national authorities testifying to the existence of insurance must in principle be approved by the countries crossed which are parties to the Paris Convention. (NEA) [fr

  19. Act of 18 July 1966 on Third Party Liability in the Field of Nuclear Energy, establishing certain measures regarding implementation of the Paris Convention and its additional protocol

    International Nuclear Information System (INIS)

    1966-01-01

    This Act on nuclear third party liability lays down that certain Articles (definitions, liability, scope and amounts of liability, insurance) of the Convention on Third Party Liability in the Field of Nuclear Energy (Paris Convention) are immediately applicable in Belgium. It stipulates that a nuclear operator is recognised as such by the King when he furnishes proof that he has taken out insurance or other financial security to cover his liability under this Act, without prejudice to implementation of legal and regulatory provisions on protection of the population against the hazards of ionizing radiations. Finally, the operator of a nuclear installation must take out and maintain, for each installation, insurance approved by the appropriate authorities; if the State itself operates a nuclear installation, it has no obligation to take out insurance or other financial security. (NEA) [fr

  20. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  1. Paris Convention on third party liability in the field of nuclear energy and Brussels Convention Supplementary to the Paris Convention

    International Nuclear Information System (INIS)

    1989-01-01

    This new bilingual (English and French) edition of the 1960 Paris Convention and 1963 Brussels Supplementary Convention incorporates the provisions of the Protocols which amended each of them on two occasions, in 1964 and 1982. The Expose des motifs to the Paris Convention, as revised in 1982 is also included in this pubication. (NEA) [fr

  2. Managing nuclear liabilities

    International Nuclear Information System (INIS)

    Pooley, D.

    1997-01-01

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  3. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  4. Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

    International Nuclear Information System (INIS)

    1997-01-01

    The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996

  5. Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-02-28

    The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996.

  6. Managing UK nuclear liabilities

    International Nuclear Information System (INIS)

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  7. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  8. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  9. Insurance considerations arising from the revision of the Paris and Brussels conventions on nuclear liability

    International Nuclear Information System (INIS)

    Warren, G. C.

    2000-01-01

    The work being undertaken by the 14 countries, party to the 1960 Paris Convention in preparing a revised instrument will or so it is to be hoped provide a more comprehensive scope of liability and a larger compensatory fund for the protection of potential victims. Both these developments have serious implications for insurers or other providers of financial security. Equally they are of concern to society itself as it will be necessary to balance the needs of the individual for example, in obtaining redress for injury or damage to personal property with the need to provide for the ''common good''. The author's paper will attempt to explore these avenues, to point to perceived difficulties and, perhaps, to acceptable solutions. (author)

  10. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  11. Aspects of nuclear penal liability

    International Nuclear Information System (INIS)

    Faria, N.M. de; Cruz, A.S.C. da

    1986-01-01

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

  12. Application of the Vienna Convention and the implementation at worldwide level of nuclear liability principles

    International Nuclear Information System (INIS)

    Martinez Favini, J.

    1985-01-01

    This paper analyses the distinction between the status of the Vienna Convention and the status of the incorporation of the Convention's principles in national laws. Ten countries are Parties to the Vienna Convention, three others have signed it (only one of which could become a Party in the short term) and only two have established legislation. In such circumstances, and for the future, any analysis should be expanded to encompass the present and potential difficulties of the nuclear industry which has been particularly affected by the world economic and financial crisis. Also, a better understanding of the basic differences between the majority of countries which are potential parties to the Vienna Convention and the countries parties to the Paris Convention should be attained by a study on a case-by-case basis. (NEA) [fr

  13. Effectiveness of Existing International Nuclear Liability Regime

    International Nuclear Information System (INIS)

    Al-Doais, Salwa; Kessel, Daivd

    2015-01-01

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  14. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  15. Nuclear civil liability international system. Evolution prospects

    International Nuclear Information System (INIS)

    Reyners, P.

    1996-01-01

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  16. Report by the Nuclear Liability Commission

    International Nuclear Information System (INIS)

    2003-01-01

    The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

  17. Liability in nuclear establishments

    International Nuclear Information System (INIS)

    Bockli, H.R.

    1980-01-01

    The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

  18. New Swiss legislation on nuclear third party liability

    International Nuclear Information System (INIS)

    Fischer, U.

    1981-10-01

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

  19. The new definition of nuclear damage in the 1997 protocol to amend the 1963 vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Soljan, V.

    2000-01-01

    This communication analyzes the content and the impact of the new definition of nuclear damage contented in the amendment protocol of the Vienna Convention relative to the civil liability in the 1963 Convention. Having in mind the experience of the Three Mile Island and Chernobyl accidents, it is demonstrated that the costs of preventive measures, damage to the environment and economic loss may constitute substantial portions of the total damage following a nuclear accident. Then, the new definition is studied in detail, on insisting on the notion of economic loss. A development is devoted to the question of damage to the environment. The preventive measures are studied and their conditions of the compensation receivability evoked with the criteria of reasonable measures. (N.C.)

  20. Government Decree No 24/84 approving accession to the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1984-01-01

    Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA) [fr

  1. Decree No. 79-623 of 13 July 1979 publishing the Decision on the exclusion of certain categories of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Decision (with an annex) on the exclusion of small quantities of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, adopted on 27 October 1977

    International Nuclear Information System (INIS)

    1979-01-01

    This decree lays down that certain specified quantities and categories of nuclear substances are excluded from the nuclear operator's liability. This implements in France two Decisions taken by the NEA Steering Committee under the Paris Convention which enables the Committee to exclude from the operator's liability, nuclear installations, fuel or substances if the small extent of the risks involved so warrants. Both Decisions are reproduced in the Decree. (NEA) [fr

  2. Transport Nuclear Liability Insurance

    International Nuclear Information System (INIS)

    Folens, M.

    2006-01-01

    Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

  3. Focus on the future of nuclear liability law

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  4. Fusion energy and nuclear liability considerations

    International Nuclear Information System (INIS)

    Fork, William E.; Peterson, Charles H.

    2014-01-01

    For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

  5. Nuclear liability act and nuclear insurance

    International Nuclear Information System (INIS)

    Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

    1976-01-01

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  6. New Trends in European Nuclear Liability Law

    International Nuclear Information System (INIS)

    Getz, H.; Steinkemper, M.H.

    1981-10-01

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

  7. Nuclear liability amounts on the rise for nuclear installations

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

    2015-01-01

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  8. Act No. 160 of 17 March 1979 containing regulations approving the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol of 28 January 1964 as well as the Brussels Convention of 31 January 1963 supplementary to the Paris Convention and its Additional Protocol of 28 January 1964

    International Nuclear Information System (INIS)

    1979-01-01

    By this Act the Netherlands approved the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy, as well as the Brussels Convention of 1963 Supplementary to that Convention. This Act came into force on 28 December 1979 thus bringing into force on that date the Paris Convention and the Brussels Supplementary Convention in the Netherlands. (NEA) [fr

  9. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  10. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    1998-01-01

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  11. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  12. Improvement of nuclear third party liability system

    International Nuclear Information System (INIS)

    Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  13. Financial security for nuclear liability

    International Nuclear Information System (INIS)

    Francis, H.W.

    1979-01-01

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

  14. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1982-01-01

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  15. Liability for nuclear damage. An international perspective

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  16. Insurance Cover for Revised Nuclear Liability

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2008-01-01

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  17. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  18. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  19. A review on liability in case of nuclear accident

    International Nuclear Information System (INIS)

    Gallage-Alwis, Sylvie; Faron, Pauline

    2013-01-01

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  20. Proposed Amendments to the Nuclear Liability

    International Nuclear Information System (INIS)

    1981-01-01

    This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

  1. Harmonisation of Nuclear Liability Regimes in Europe

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

  2. Third Party Liability governing Dangerous and Nuclear Activities

    International Nuclear Information System (INIS)

    Di Martino, Vittorio.

    1979-01-01

    The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

  3. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    International Nuclear Information System (INIS)

    Kolehmainen, H.

    2000-01-01

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

  4. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  5. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    Anon.

    2013-01-01

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  6. Practical problems of third party liability connected with nuclear installations

    International Nuclear Information System (INIS)

    Lacroix, F.

    1975-01-01

    A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

  7. Liability for international nuclear transport: an overview

    International Nuclear Information System (INIS)

    Brown, O.F.; Horbach, N.

    2000-01-01

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  8. Nuclear third party liability in Germany

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2016-01-01

    The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

  9. Strengthening Canada's nuclear liability regime

    International Nuclear Information System (INIS)

    McCauley, D.; Henault, J.

    2014-01-01

    On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

  10. Convention on supplementary compensation for nuclear damage

    International Nuclear Information System (INIS)

    Chinese Nuclear Society, Beijing; U.S. Nuclear Energy Institute

    2000-01-01

    The Contracting parties recognize the importance of the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third party liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these conventions. The Contracting parties desire to establish a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage and encourage regional and global co-operation to promote a higher level of nuclear safety in accordance with the principle of international partnership and solidarity

  11. Liability for the nuclear risk

    International Nuclear Information System (INIS)

    Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

    1993-01-01

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

  12. Protocol to amend the convention on third party liability in the field of nuclear energy of 29th July 1960, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    International Nuclear Information System (INIS)

    1983-01-01

    This Protocol further amends the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland and Turkey within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  13. Nuclear liability, nuclear safety, and economic efficiency

    International Nuclear Information System (INIS)

    Wood, W.C.

    1980-01-01

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  14. Third party liability cover for nuclear damage and related problems

    International Nuclear Information System (INIS)

    Carbone, Ferdinando; Gambardella, Elio.

    1974-06-01

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

  15. Reciprocity within the framework of nuclear civil liability law

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1986-01-01

    With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

  16. Particular aspects and limits of absolute nuclear liability

    International Nuclear Information System (INIS)

    Engelhard, M.; Brunengo, C.

    1981-10-01

    Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

  17. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  18. Limiting the liability of the nuclear operator

    International Nuclear Information System (INIS)

    Reyners, P.

    1986-01-01

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

  19. Decree No. 33/77 of 11 March approving ratification of the Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on 29 July 1960 and amended by the Additional Protocol, signed in Paris on 29 January 1964

    International Nuclear Information System (INIS)

    1977-01-01

    This Decree, promulgated on 21 February 1977, approves ratification of the Paris Convention and reproduces the full text of the Convention in French, followed by its translation into Portuguese. The Paris Convention provides an exceptional nuclear liability system and its scope is limited to risks of an exceptional character for which common law rules and practice are not suitable. Under the Convention, liability is absolute, channelled onto the nuclear operator and limited in amount. (NEA) [fr

  20. Nuclear Liability, State of the Art

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2010-01-01

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  1. Nuclear liabilities - nuclear insurance. Pt. 1

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

  2. Plight of China nuclear liability law and solutions of nuclear operating companies

    International Nuclear Information System (INIS)

    Su Guangchao; Wang Yonggang; Tang Yangyang

    2010-01-01

    With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

  3. Nuclear third party liability under Polish law

    International Nuclear Information System (INIS)

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  4. Nuclear liability legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

  5. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  6. Chernobyl: Lessons in nuclear liability

    International Nuclear Information System (INIS)

    Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

    1990-01-01

    Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

  7. The Brussels I Regulation and Liability for Nuclear Damage

    International Nuclear Information System (INIS)

    Handrlica, J.

    2010-01-01

    Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

  8. Vienna convention on civil liability for nuclear damage and optional protocol concerning the compulsory settlement of disputes. Status lists as of 12 September 2000. Signature, ratification, accession, or succession. Declarations/reservations made upon expressing consent to be bound and objections thereto. Declarations/reservations made upon signature

    International Nuclear Information System (INIS)

    2000-01-01

    The document provides the status list to the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and optional protocol concerning the compulsory settlement of disputes as of 12 September 2000

  9. Nature and finality of liability insurance support to nuclear operators

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

  10. Should nuclear liability limits be removed. Yes

    International Nuclear Information System (INIS)

    Haas, L.

    1985-01-01

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  11. Standard rules for liability and cover for nuclear installations

    International Nuclear Information System (INIS)

    Pfaffelhuber, J.K.; Kuckuck, B.

    1980-01-01

    To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

  12. Legal aspects and liabilities of storage in transit of nuclear materials

    International Nuclear Information System (INIS)

    Mees, M.C.

    1983-01-01

    This paper considers the question of storage in transit of nuclear materials under the Paris Convention. It specifies the concepts of storage in transit of nuclear materials and then sets out the basic principles of nuclear third party liability. The paper concludes with an analysis of the practical situation in this field and the extent of State liability. (NEA) [fr

  13. The United States nuclear liability regime under the Price-Anderson Act

    International Nuclear Information System (INIS)

    Brown, O. F.

    2011-01-01

    The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

  14. Liability of suppliers to nuclear power plants in Western Europe

    International Nuclear Information System (INIS)

    Kuhn, W.

    1988-01-01

    The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA) [fr

  15. A critical review of the Chilean civil nuclear liability regime

    International Nuclear Information System (INIS)

    Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

    2013-01-01

    This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

  16. Protocol to amend the convention of 31st January 1963 supplementary to the Paris convention of 29th July 1960 on third party liability in the field of nuclear energy, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    International Nuclear Information System (INIS)

    1983-01-01

    This Protocol further amends the Convention of 31 January 1963 supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Luxembourg, Norway, Netherlands, United Kingdom, Sweden and Switzerland, within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  17. Decision on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy (This Decision was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    International Nuclear Information System (INIS)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and, in particular, Article 1(b) thereof; considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; considering that nuclear substances in transport or use outside a nuclear installation, within defined limits and under specifically prescribed conditions during transport, should, in view of the small extent of the risks involved, be excluded from the application of the Paris Convention; having regard to its Decision of 18 October 2007 on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 as amended; considering that the 2005 Edition of the Regulations for the Safe Transport of Radioactive Material of the International Atomic Energy Agency referred to in the Annex to the above-mentioned Decision, has been replaced by revised editions, the most recent of which is the 2012 Edition, which is used as the basis for corresponding national and international regulations in this field; considering the need for a decision the annex of which is in line with the 2012 Edition of those Regulations; decides: 1. Nuclear substances which are consigned by an operator to a recipient for use shall be excluded from the application of the Paris Convention for the period during which they are outside a nuclear installation provided that the consignment, when leaving a nuclear installation, complies with the provisions set forth in the Annex to this Decision and with other relevant

  18. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    International Nuclear Information System (INIS)

    Thofelt, H.

    1998-01-01

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  19. Liability and insurance aspects of international transport of nuclear materials

    International Nuclear Information System (INIS)

    van Gijn, S.H.

    1985-01-01

    The Paris and Vienna Conventions do not affect the application of any international transport agreement already in force. However, in certain circumstances both the nuclear operator and the carrier may be held liable for nuclear damage which arises during international transports of nuclear materials. The ensuing cumulation of liabilities under the Nuclear and Transport Conventions may cause serious problems in obtaining adequate insurance cover for such transports. The 1971 Brussels Convention seeks to solve this problem by exonerating any person who might be held liable for nuclear damage under an international maritime convention or national law. Similar difficulties are encountered in the case of transports of nuclear materials between states which have and states which have not ratified the Paris and Vienna Conventions. (NEA) [fr

  20. Future financial liabilities of nuclear activities

    International Nuclear Information System (INIS)

    1996-01-01

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  1. The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2011-01-01

    1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

  2. BNFL nuclear decommissioning liabilities management program

    International Nuclear Information System (INIS)

    Colquhoun, A.P.

    1995-01-01

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  3. Act no 388 to amend Section 15 of the Nuclear Liability Act

    International Nuclear Information System (INIS)

    1986-01-01

    Finland is ratifying the Montreal Protocols Nos 3 and 4 to the Warsaw Convention concerning carriage by air; protocol No 4 contains no exclusion clause for nuclear damage. This Act amends the 1972 Nuclear Liability Act to the effect that air carriers of nuclear substances have a right of recourse against the operator liable under nuclear legislation. In this way the principle of channelling liability onto the nuclear operator is maintained. (NEA) [fr

  4. Protocol to amend the convention on third party liability in the field of nuclear energy of 29 July 1960, as amended by the additional protocol of 28 January 1964 and by the protocol of 16 November 1982

    International Nuclear Information System (INIS)

    Johnston, Donald; )

    2004-01-01

    The governments of Germany, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Norway, Netherlands, Portugal, United Kingdom, Slovenia, Sweden, Switzerland and Turkey; considering that it is desirable to amend the Convention on Third Party Liability in the Field of Nuclear Energy, concluded at Paris on 29 July 1960 within the framework of the Organisation for European Economic Co-operation, now the Organisation for Economic Co-operation and Development, as amended by the Additional Protocol signed at Paris on 28 January 1964 and by the Protocol signed at Paris on 16 November 1982; have agreed that the Convention shall be amended again. This document presents the modifications given to the text in 6 different languages

  5. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  6. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Bittar, C A

    1983-12-31

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

  7. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

  8. Looking at nuclear liability and insurance in Russia

    International Nuclear Information System (INIS)

    Schwartz, J.

    1997-01-01

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  9. Review of the nuclear liability act

    International Nuclear Information System (INIS)

    1990-01-01

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  10. Management of nuclear liabilities in Germany

    International Nuclear Information System (INIS)

    Roser, T.

    1995-01-01

    The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

  11. 1986 Agreement on third party liability in the nuclear field

    International Nuclear Information System (INIS)

    1986-01-01

    This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

  12. Ordinance on nuclear third party liability (ORCN)

    International Nuclear Information System (INIS)

    1983-12-01

    The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

  13. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  14. Nuclear Liability Act of 8 June 1972 as amended by the Act of 15 September 1989

    International Nuclear Information System (INIS)

    1989-09-01

    The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs [fr

  15. Transport and repair of contaminated nuclear components - liabilities and insurance

    International Nuclear Information System (INIS)

    Brunego, C.; Deprimoz, J.; Engelhard, M.

    1983-01-01

    The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

  16. Nuclear liability legislation in Ukraine

    International Nuclear Information System (INIS)

    Hamankov, V.

    2000-01-01

    The present report contains certain information concerning the current situation dealing with provision of nuclear and radiation safety during the performance of all types of activity associated with nuclear installations, facilities of radioactive waste management and utilization of ionizing radiation sources in 1999. We try to make a concise analysis o legal bases of ensuring safety and to present general information concerning the Nuclear Insurance Pool of Ukraine. (author)

  17. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  18. Some aspects of the contractual application of the limited liability of suppliers convened by several international conventions

    International Nuclear Information System (INIS)

    Zaldivar, E.

    1976-01-01

    Civil liability for nuclear damage has been the subject of specific regulations by means of International Conventions and the laws of countries which may be qualified as suppliers of nuclear fuel, materials and installations. These regulations have been necessary to facilitate development of the peaceful uses of atomic energy. A second group of countries, namely those of Latin America, which are also purchasers, lack this specific legislation and have not ratified any International Convention on the subject. In those countries civil liability continues to be ruled by the classic norms of Roman Law. This difference in regimes has made for difficulties between suppliers and purchasers and could obstruct future exchanges in matters of nuclear energy between both groups of countries. It would be desirable for the competent authorities in purchasing countries to study the means of providing their countries with nuclear third party liability legislation based on the principles of the International Conventions. (N.E.A.) [fr

  19. Liability for on-site nuclear property damage

    International Nuclear Information System (INIS)

    Neems, H.J.

    2000-01-01

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  20. Sustainable development and nuclear liability

    International Nuclear Information System (INIS)

    Schwartz, J.

    2001-01-01

    Although the high safety standards of the nuclear industry mean that the risk of an accident is low, the magnitude of damage that could result to third parties from such an accident is considerable. It was thus recognised from the very inception of the nuclear power industry that a special legal regime would need to be established to provide for the compensation of victims of a nuclear accident. The ordinary rules of tort and contract law were simply not suited to addressing such a situation in an efficient and effective manner. (authors)

  1. The law concerning liability for nuclear damage

    International Nuclear Information System (INIS)

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  2. Nuclear risk and optimal civil liability of the operator

    International Nuclear Information System (INIS)

    Schmitt, Andre; Spaeter, Sandrine

    2007-01-01

    The civil liability of nuclear operators are regulated by two sets of international Conventions. In particular, strict liability, limited financial responsibility and the obligation of providing financial guaranties are imposed to the nuclear operator by the Paris Convention and the Vienna Convention. Then national legislations are free to increase the financial cap of responsibility fixed by the international regimes. First we present the main elements of these Conventions. Then we focus on the impact of a modification in the amount of responsibility of the nuclear operator on his risk mitigation policy and on his financial condition. In particular we show that an increase of the cap beyond a given level determined by the model gives the operator some incentives to lessen the investment in prevention, contrary to what is expected. Besides, the impact of the preventive activities done by the firm on its financial constraint depends on the sensitivity of the risk distribution to the variation of the prevention level: The risk mitigation activities must be discussed with respect to the severity of the incidents and/or to the size of the nuclear park

  3. Should nuclear liability limits be removed. No

    International Nuclear Information System (INIS)

    Pape, E.C.

    1985-01-01

    The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

  4. Through the looking glass: placing India's new civil liability regime for nuclear damage in context

    International Nuclear Information System (INIS)

    Gruendel, Robert J.; Kini, Els Reynaers

    2012-01-01

    Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

  5. Reconsideration of the principle of the nuclear operator's limitation of liability

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1985-01-01

    The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

  6. The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

    International Nuclear Information System (INIS)

    Jacobsson, M.

    2000-01-01

    Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

  7. Civil liability for nuclear and radiological damage

    International Nuclear Information System (INIS)

    Puig, D.

    2001-10-01

    The present work gives details of the nuclear damage, the accidents of Chernobil, three Mile Inland and Tokaimura with their respective legal consequences, the nature of the responsibility and bases for their establishment, conventions about civil responsibility for nuclear damages to regional and world level as well as other condition of conventions of the Ibero-American countries with regard to the approval of the conventions it has more than enough civil responsibility for nuclear and radiological accident damages

  8. Nuclear waste management, reactor decommisioning, nuclear liability and public attitudes

    International Nuclear Information System (INIS)

    Green, R.E.

    1982-01-01

    This paper deals with several issues that are frequently raised by the public in any discussion of nuclear energy, and explores some aspects of public attitudes towards nuclear-related activities. The characteristics of the three types of waste associated with the nuclear fuel cycle, i.e. mine/mill tailings, reactor wastes and nuclear fuel wastes, are defined, and the methods currently being proposed for their safe handling and disposal are outlined. The activities associated with reactor decommissioning are also described, as well as the Canadian approach to nuclear liability. The costs associated with nuclear waste management, reactor decommissioning and nuclear liability are also discussed. Finally, the issue of public attitudes towards nuclear energy is addressed. It is concluded that a simple and comprehensive information program is needed to overcome many of the misconceptions that exist about nuclear energy and to provide the public with a more balanced information base on which to make decisions

  9. Unlimited - nuclear liabilities in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Arendt, W.

    1986-01-01

    Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

  10. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1994-01-01

    The Convention on Nuclear Safety was adopted on 17 June 1994 by Diplomatic Conference convened by the International Atomic Energy Agency at its Headquarters from 14 to 17 June 1994. The Convention will enter into force on the ninetieth day after the date of deposit with the Depository (the Agency's Director General) of the twenty-second instrument of ratification, acceptance or approval, including the instruments of seventeen States, having each at leas one nuclear installation which has achieved criticality in a reactor core. The text of the Convention as adopted is reproduced in the Annex hereto for the information of all Member States

  11. Nuclear Liability and Insurance Protection for Nuclear Transport Accidents Involving Non-Contracting EU States: An assessment

    International Nuclear Information System (INIS)

    Horbach, N. L. J. T.

    2006-01-01

    This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will

  12. Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste (This Decision and Recommendation was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    International Nuclear Information System (INIS)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and in particular Article 1(b) thereof; Considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; having regard to Article 8(b) and Article 10(b) of the Statute of the OECD Nuclear Energy Agency; considering that nuclear installations for the disposal of low-level radioactive waste are covered by the provisions of the Paris Convention; considering that it should be made possible for Contracting Parties to cease the application of the Paris Convention to a nuclear installation for the disposal of certain types of low-level radioactive waste where the risks involved are so limited; noting the attached Explanatory Note; decides that any Contracting Party may cease to apply the Paris Convention to a nuclear installation for the disposal of low-level radioactive waste, provided that the provisions set out in the Appendix to this Decision and Recommendation and any additional conditions which the Contracting Party may judge appropriate to establish are met; recommends that the Contracting Parties which make use of this option notify the other Contracting Parties, as well as the Nuclear Energy Agency; and recommends that the Nuclear Energy Agency, as appropriate, analyses periodically the experience gained by the Contracting Parties which use this option and reports back to all the Contracting Parties. (authors)

  13. Some legal-liability considerations on the Romanian concerns in the nuclear field

    International Nuclear Information System (INIS)

    Chirica, T.; Sandru, P.; Vatamanu, M.

    1995-01-01

    The national nuclear legislation is concerned with specific issues related to nuclear safety radiation protection clean-up activities, liability and financial guarantees for nuclear damages; it may be noted that Romania adhered to the nuclear third party liability Vienna Convention and Joint Protocol on December 29, 1992. The Romanian National Nuclear Program, which includes not only the nuclear fuel cycle but also nuclear research facilities and other peaceful applications of radioactivity implies that Romania government is aware for its own facilities, by the settlement of the insurance and pooling system for its own nuclear facilities, as well as for the regional aspects for the liability system for nuclear damage. It must be point out the opportunity and the priority to cooperate with the developed country having in mind the necessity for nuclear insurance coverage of the financial capital invested in Romania's power sector, as well as in the eastern Europe and the former Soviet Union. (Author)

  14. Specific defences to the liability of a nuclear operator for damages resulting from a nuclear incident

    International Nuclear Information System (INIS)

    Schwartz, J.A.; Cunningham, G.H.

    1988-01-01

    This paper reviews the cases in which the nuclear operator may be partly or totally exonerated from his liability for a nuclear accident (insurrection, civil war, exceptional natural disasters, intentional act of the victim, etc.) under the Paris and Vienna Conventions and national laws. The laws of the countries reviewed are the following: United States, Japan, Canada, United Kingdom, Brazil, Belgium, the Federal Republic of Germany, France (NEA) [fr

  15. Spent nuclear fuel disposal liability insurance

    International Nuclear Information System (INIS)

    Martin, D.W.

    1984-01-01

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  16. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

  17. Liability and insurance of nuclear accident risk the swiss regulation in perspective

    International Nuclear Information System (INIS)

    Umbricht, R.; Zweifel, P.

    1998-01-01

    In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

  18. Nuclear Liability Legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    1998-01-01

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  19. A U.S. Perspective on Nuclear Liability: A Continuing Impediment to International Trade and Public Protection

    International Nuclear Information System (INIS)

    Brown, O. F.

    2008-01-01

    More than two decades after the 1986 events at Chernobyl demonstrated nuclear power plant accidents can have cross-border consequences, there still is not a unified international legal regime for liability associated with nuclear accidents. This continues to present an impediment to international nuclear trade and protection of the public. Liability potentially associated with international nuclear commerce remains a labyrinth of statutes and treaties not yet interpreted by the courts. Countries with a majority of the world's 439 operating nuclear power plants are not yet parties to any nuclear liability convention in force. The global Vienna Convention on Civil Liability for Nuclear Damage now covers only about 73 operating nuclear power plants; the regional Paris Convention on Third Party Liability in the Field of Nuclear Energy now covers about 126; and, the Joint Protocol that links those two Conventions covers only about 68. The best solution would be for more countries to join the United States (with 104 operating nuclear power plants) in ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) adopted by the International Atomic Energy Agency (IAEA) in 1997. As soon as the CSC enters into force, it will cover more nuclear power plants than either the Vienna or Paris Convention. This presentation also provides an update on insurance coverage in the United States for acts of terrorism.(author)

  20. Inventory of nuclear liabilities - The Belgian perspective

    International Nuclear Information System (INIS)

    Minon, Jean-Paul

    2003-01-01

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  1. Nuclear liability and research reactor fuel. A plant supplier's view

    International Nuclear Information System (INIS)

    Roegler, H.-J.; Hetzmann, A.

    2000-01-01

    compensation than of the operator's country. As there are many potential conflicts around the issue and as there is the need to protect the supplier from, there has been established already early in nuclear history an international regime on how to deal with such claims: 1960 - the Paris Convention (amended 1964/1982) plus the 1963 - the Brussels Supplementary Convention; 1963 - the Vienna Convention; 1988 - the Joint Protocol linking the application of the Vienna and the Paris Convention. But as many states have joined neither the Vienna nor the Paris Convention (nor the Joint Protocol), there have often been established bilateral agreements on how to deal with the nuclear liability in terms of a specific project. The main issue with such bilateral agreements is the backing by that state the owner of the plant belongs to for the owner's obligation out of the nuclear liability. Often this cannot be reached due to the need of a state's decree or modification of the law for that very purpose. This is refused sometimes as well due to lack of insight in its need for a nuclear facility as small as a research reactor. All the above issues have to be taken into considerations during the contract negotiation between the plant supplier and the plant owner when contracting for its construction. All the issues may influence also whether the plant supplier find subsuppliers which accept or can live with the results of such negotiations for their subsupplies. It is inherent that the fuel suppliers are especially keen in solutions which indemnify them from any such risk out of nuclear events; so are organisations which perform safety evaluations. The fuel suppliers especially may be the more interested in high protection the more they are urged to deliver advanced fuel with less tests prior to application, e.g. as consequence of the steady announcement of extremely ambitious development progress by the RERTR program. This contribution to the RERTR-meeting will detail and give examples in

  2. An overview of the international regime governing liability for nuclear damage

    International Nuclear Information System (INIS)

    Sturms, W.; Reye, S.

    1995-01-01

    Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

  3. Liability for damage resulting from acts of the nuclear and radiological terrorism

    International Nuclear Information System (INIS)

    Handrlica, J.

    2008-01-01

    Nuclear terrorism is defined as an attack on a nuclear installation serving peaceful uses (such as a nuclear power plant) or non-peaceful uses. Radiological terrorism, which may be more likely, is defined as an action which doesn't trigger a nuclear reaction but gives rise to the release of radioactivity. The aim of this paper is to analyze the existing legal framework covering such situations. The relevant provisions of the Vienna and Paris Conventions on civil liability for nuclear damage, which represent a legal framework for nuclear liability at the international level, are discussed. The focus is on the identification of the the liable subject, including definition of the scope and nature of its liability. (author)

  4. Act No. 225 of 17 March 1979 containing regulations on third party liability for damage caused by nuclear incidents; Nuclear Incidents (Third Party Liability) Act

    International Nuclear Information System (INIS)

    1979-01-01

    This Act on nuclear third party liability provides that the maximum amount of liability of the operator of a nuclear installation in the Netherlands is set at 100 million guilders in accordance with the Paris Convention; it also implements the Brussels Supplementary Convention's additional compensation mechanism. The new Act further provides that if damage is suffered on the Netherlands' territory as a result of a nuclear incident for which compensation is payable pursuant to the Brussels Convention or to the Act, and that the funds available for this purpose are insufficient to secure compensation of such damage to an amount of one thousand million guilders, the State shall make available the public funds needed to compensate such damage up to that amount. (NEA) [fr

  5. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  6. Nuclear operator liability amounts and financial security limits as of June 2011

    International Nuclear Information System (INIS)

    2011-06-01

    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. For each country listed in the table are indicated: the International Liability Convention (PC, BSC or VC, RVC and/or JP and/or CSC), the type of Installations / Activities, the Operator's Liability Amount (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Financial Security Limit (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Additional State Compensation if any, and the Additional Compensation (International Arrangements) if any

  7. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  8. Liability Issues

    International Nuclear Information System (INIS)

    O’Donoghue, K.

    2016-01-01

    Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

  9. Nuclear operator. Liability amounts and financial security limits

    International Nuclear Information System (INIS)

    2015-07-01

    This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

  10. Yugoslavia-Act on Liability for Nuclear Damage of 19 April 1978

    International Nuclear Information System (INIS)

    Anon.

    1979-01-01

    This Act, which came into force eight days after its publication, is based to a great extent on the provisions of the 1963 Vienna Convention on Civil Liability for Nuclear Damage, ratified by Yugoslavia on 12 August 1977. Under the Act, a nuclear operator is held absolutely liable for any nuclear damage caused by a nuclear indicent occurring in his installation. This liability is limited to 450 million dinars (approximately 22 million US$). To cover his liability, an operator must take out insurance or other financial security, whose amount will be determinated by the competent authority according to the characteristics of the installation involved but in no event should it be below 150 million dinars. Within the meaning of the Act, the operator may be an organisation of associated labour which has obtained site approval, licences for test runs and entry into operation of the installation, or any person recognised as such by the State. (NEA) [fr

  11. Nuclear operator liability amounts and financial security limits (Last updated: July 2014)

    International Nuclear Information System (INIS)

    2014-07-01

    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: - First tier corresponds to the liability amount imposed on the operator ('Operator's Liability Amount'). - Second tier corresponds to the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated ('Additional State Compensation'). - Third tier corresponds to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula ['Additional Compensation (International Arrangements)']. Please note that under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold.' Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. 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 http://www.imf.org/external/np/fin/data/rms_five.aspx

  12. The Study for the Establishment of the Korea Nuclear Liability System complying with International Standards

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Kim, H. J.; Lee, J. H.

    2011-06-01

    This study is for making system of the fast and adequate compensation to the victim in the nuclear accident of domestic and foreign country. As a method to come true the purpose we reviewed Convention on Supplementary Compensation for Nuclear Damage (hereinafter 'CSC') and designed enabling laws for joining the CSC. Moreover international workshop regarding the CSC was hold as a main assignment of this study for sharing knowledge and information with neighboring countries. Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 shall be analyzed in this study. Legal approach to the CSC and designing enabling laws for joining the CSC were enclosed to this study. As a result of the international workshop this study shows how U.S. (CSC member country) deals with CSC and mandatory obligation of donating the public funds. Finally Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 is analyzed legally

  13. Aspects of the Brazilian law on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Rocha, L.M.G. da

    1980-06-01

    The civil liability for nuclear damage in the Brazilian law is analysed. The innovations introduced by the 6.453 act of October 17 th, 1977 are emphasized. The influence of international conventions on the Brazilian law are also mentioned. (A.L.) [pt

  14. Transport of nuclear material under the 1971 Brussels Convention

    International Nuclear Information System (INIS)

    Lagorce, M.

    1975-01-01

    The legal regime in force before entry into force of the 1971 Brussels Convention relating to civil liability for the maritime carriage of nuclear material created serious difficulties for maritime carriers, regarding both the financial risks entailed and restrictions on enjoyment of the rights granted by civil liability conventions. The 1971 Convention exonerates from liability any person likely to be held liable for nuclear damage under maritime law, provided another person is liable under the nuclear conventions or an equivalent national law. A problem remaining is that of compensation of nuclear damage to the means of transport for countries not having opted for re-inclusion of such damage in the nuclear law regime; this does not apply however to countries having ratified the Convention to date. A feature of the latter is that it establishes as extensively as possible the priority of nuclear law over maritime law. Furthermore the new regime continues to preserve efficiently the interests of victims of nuclear incidents. It is therefore to be hoped that insurers will no longer hesitate to cover international maritime carriage of nuclear material [fr

  15. Nuclear liability in the course of transport - some insurance aspects

    International Nuclear Information System (INIS)

    Andersson, G.

    1993-01-01

    This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

  16. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    International Nuclear Information System (INIS)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

  17. International nuclear third party liability law: The response to Chernobyl

    International Nuclear Information System (INIS)

    Schwartz, J.A.

    2006-01-01

    In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has

  18. The need to bring the new global regime of civil nuclear liability to life

    International Nuclear Information System (INIS)

    McIntosh, St.

    2000-01-01

    The Chernobyl accident raised consciousness around the world about civil liability issues. People in Australia and elsewhere looked at the existing international nuclear liability regime and concluded that it was inadequate. The amount of compensation available under the regime was too low. The regime did not cover environmental damage. Australia decided to take an active role in the proceedings of the Standing Committee on Nuclear liability. Australia has a favourable judgment on the new Convention on Supplementary Compensation for nuclear damages. It provided for a dedicated fund for transboundary damage, the inclusion of environmental damage, the lion's share of the contributions to the international fund established under the Convention to be borne by nuclear power generating states, jurisdiction over actions concerning nuclear damage from a nuclear accident in a Party's territory or Exclusive Economic Zone to lie with the courts of that Party. It reproaches this Convention for compensable damage to be determined by the law of the competent court, and the necessity of emission of ionizing radiations for the Convention to take effect. (N.C.)

  19. Managing nuclear liabilities: 'hospital pass' or major opportunity?

    International Nuclear Information System (INIS)

    May, D.

    1995-01-01

    This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

  20. Nuclear damage under the 1997 protocol: conventional thinking?

    International Nuclear Information System (INIS)

    Warren, G.

    2000-01-01

    This communication expresses the critical point of view of nuclear insurers about the international civil liability system and tackles questions about the current revision of this system. After having examined the nuclear risk nature in the insurance point of view and remind the objective of nuclear conventions in this context, the author expresses the opinion that compensation means, planned by these conventions, can be suitable to limited nuclear accident but would be insufficient to face the consequences of a serious nuclear accident. (N.C.)

  1. Nuclear liability insurance: a resume of recent years

    International Nuclear Information System (INIS)

    Marrone, J.

    1975-01-01

    The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

  2. Act No 6453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

    International Nuclear Information System (INIS)

    1978-01-01

    This Act was published on 17 October 1977. It is based to a great extent on the provisions of the Vienna Convention on Civil Liability for Nucler Damage of 21 May 1963. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out and maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment. (NEA) [fr

  3. Nuclear Liability and Insurance Cover for Risk of Nuclear Power Plants - Situation for Nuclear Installations in Germany

    International Nuclear Information System (INIS)

    Boediker, T.

    1998-01-01

    A dispute about nuclear liability and insurance cover for risks of nuclear power plants from an insurer's point of view has to determine and to judge the essential risk relevant factors. These are beside plant and site specific factors considerations of insurance restrictions in the extent of cover compared with the legal scope of liability for (re-)insurability's sake. Among such consideration are: financial limitation and obligation for its reinstatement, exclusions for gradual emissions of approved activities, armed conflicts, hostilities, civil war, insurrections or grave natural disaster and restrictions in the limitation and preclusion periods. In comparison with conventional liability risks there are some specialties to be considered some of which prove to be a risk relief other as a risk burden for insurance: Salvage expenses or interests and court costs to be paid by unsuccessful party in a lost litigation do not fall under legal liability and hence are excluded from the financial security cover so that are compensation is subject to agreed separate limits. A serious burden for the insurers can result out of the loss regulation costs in case of a severe nuclear accident. These expenses, which can exceed hundred million DM by far, are to be carried by the insurers in the frame of their obligation to investigate raised claims. Therefore the insurers should aim a fixed limitation in order to restrict their limit. (author)

  4. The Chernobyl case: its repercussions on the International System on Civil Liability for Nuclear Damages

    International Nuclear Information System (INIS)

    Gonzalez Guadarrama, J.L.

    1992-01-01

    With the discovery of the Nuclear Energy the world has been development her life the present investigation is based in the accident of the one of the most important Nuclear Power Plant in the world, situated in the Union of Socialist Sovietic Republics. The Nuclear Power Plant of Chernobyl. Us found in the investigation what not exist one legislation agree with the needs of development of the actual world in matter of the liability civil in case of the nuclear accidents. Found only the Convention of the Vienna. the Convention of the Brussels the which only cover the transportation the Nuclear substances in ships and others transportation medios. The complementary a the convention of the Paris and actually The Communication in case of the nuclear accidents and radiological accidents. In the present work think what the Community International haven the needs of created one legislation with character international what can help a the many countries what have Nuclear Power Plants, on all for protection of the her habitants. The International Atomic Energy Agency together with the International Justice Court and the United Nations Organization (U.N.O.) aplicated the law in matter of the nuclear accidents derivates of the liability responsibility in the use of the Nuclear Plants for elaboration the Electrical Energy or for Investigation in matter the nuclear energy both with identical responsibility civil in case the nuclear accident. (Author)

  5. Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

    International Nuclear Information System (INIS)

    Lebedeva, Yulia

    2014-01-01

    The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Since 1996, Russia has been actively working to develop a draft federal act to cover liability for nuclear damage. A bill was first introduced in the State Duma of the Federal Assembly of the Russian Federation on 16 July 1996, and was originally called 'The Compensation for Nuclear Damage and Nuclear Insurance'. In 1997, the official representative of the Government of the Russian Federation, Head of Russian Federal Inspectorate for Nuclear and Radiation Safety, Yuri Vishnevsky, was appointed to present this bill for discussion in the chambers of the Federal Assembly of the Russian Federation. In September 1998, the State Duma rejected the draft federal act and instead adopted in the first reading a different draft federal act: No. 96700118-2, 'The Civil Liability for Nuclear Damage and its Financial Security' ('the bill'). In this case, the State Duma Committee on Ecology was charged with incorporating the incoming amendments into a final bill and submitting it to the State Duma for a second reading. In 2005, Russia ratified the Vienna Convention on Civil Liability for Nuclear Damage. This ratification required significant amendments to 'The Civil Liability for Nuclear Damage and its Financial Security' bill. But, even though the Russian Federation had not yet ratified the Vienna Convention, the drafters were still careful to take into account the

  6. Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella

    International Nuclear Information System (INIS)

    McRae, Ben

    2015-01-01

    There are 431 commercial nuclear power plants around the world. On 14 April 2015, 193 of these power plants were covered by a nuclear liability instrument (118 power plants by the Paris Convention and 75 by the Vienna Convention). With the entry into force of the Convention on Supplementary Compensation for Nuclear Damage (CSC)4 on 15 April 2015, the number of power plants covered by a nuclear liability instrument increased to 340. Thus, the entry into force of the CSC marked a major milestone towards the establishment of a global nuclear liability regime. This article discusses several events that have promoted progress towards a global nuclear liability regime and then addresses several questions that may arise as countries consider actions necessary to achieve such a regime. (author)

  7. Nuclear third party liability and insurance - Status and prospects. Proceedings of the Munich symposium, 10th-14th September 1984

    International Nuclear Information System (INIS)

    1985-01-01

    A symposium on Nuclear Third Party Liability and Insurance, organised by the OECD Nuclear Energy Agency and the International Atomic Energy Agency in 1984 reviewed the fundamental principles of the nuclear third party liability regime and discussed the relationship of the insurance market with the international Conventions in this field. It also examined the concept of nuclear damage and a number of new issues raised by technical developments such as long-term radioactive waste management and decommissioning of nuclear installations. These proceedings reproduce the papers presented, in English or French, as well as the ensuing discussions and panel discussions. (NEA) [fr

  8. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  9. Third national inventory of nuclear liabilities - main findings, lessons learned

    International Nuclear Information System (INIS)

    Cantarella, Jacques; Roger, Brigitte

    2013-01-01

    The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

  10. Nuclear liability insurance problems and trends as seen by the European utilities

    International Nuclear Information System (INIS)

    Gulck, Albert van.

    1978-01-01

    After recalling the basic principles of nuclear civil liability conventions, the author describes the different types of damage presently covered by nuclear insurance. Also, a Study Committee was created in Western Europe in 1974 to examine the possibility of setting up a mutual pool to cover risks such as fire and property damage in nuclear installations. In the immediate future machinery breakdown and all risk coverage on-site will not be covered. This mutual pool will widen the nuclear insurance market in the coming decades. (NEA) [fr

  11. South African nuclear liability laws - recent changes and challenges for insurers

    International Nuclear Information System (INIS)

    Da Silva, C.

    2004-01-01

    In the past South African Regulators did not stipulate the levels of insurance required by nuclear operators but required only that they carry adequate security. Over the last few years the South African legislators have given serious consideration to the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy, but decided against being signatories to such conventions. Instead, the conventions were used as a guideline as to specific requirements for local operators. Regulations have been drafted setting out specific limits of cover dependant on the type of licence held by local operators. Due to the fact that local liabilities will arise in local currencies the required limits of Insurance were converted from equivalent foreign amounts into Rands. Due to some extreme currency fluctuations this has resulted in the setting of very high Rand limits, placing both the operators and insurers in an uncertain and very difficult position with regards to accumulation adequate capacity. This paper aims at explaining the revisions that are being considered which if implemented will address insurers and operators concerns regarding available capacity the impossibility of compliance with current limits.(author)

  12. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  13. A Nuclear Third Party Liability Regime of a Multilateral Nuclear Approaches Framework in the Asian Region

    Directory of Open Access Journals (Sweden)

    Makiko Tazaki

    2014-01-01

    Full Text Available There are two primary challenges for establishing nuclear third party liability (TPL regimes within multilateral nuclear approaches (MNA to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC, with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.

  14. Civil liability for nuclear damage law

    International Nuclear Information System (INIS)

    1974-01-01

    This Law has as its main objective to regulate civic responsability on damages or injuries that may be brought about by the usage of nuclear reactors and the use of nuclear substances or fuels and their consecuent wastes. The text of this law is consituted by 5 chapters that deal with the following subjects: CHAPTER ONE.- Objective and Definitions. CHAPTER TWO.-On Civic Responsability on Nuclear Damages or Injuries. CHAPTER THREE.- On the Limits of Responsability. CHAPTER FOUR.- On Prescription. CHAPTER FIVE.- General Regulations Concepts such as the following are defined concretely and precisely: Nuclear Accident, Nuclear Damage or Injury, Atomic Energy, Operator of a Nuclear Facility, Nuclear Facility, Radioactive Product or Waste Material, Nuclear Reactor, Nuclear Substances Remittance and Hazardous Nuclear Substance

  15. Review of nuclear liability compensation systems applicable to reactors outside the United States

    International Nuclear Information System (INIS)

    McIntosh, C.

    1985-01-01

    The review, which summarizes the Paris Convention and the Brussels Supplementary Convention, as well as the laws of Canada, France, Federal Republic of Germany, Japan, Spain, Sweden, Switzerland, and the United Kingdom, notes that the Price-Anderson program has a number of common points with the laws of Western Europe. The points of similarly are the goal of ensuring simple and equitable compensation for victims without burdening the nuclear industry with an uneconomic load. Price-Anderson differs in the higher amounts fixed for nuclear operators' liability, although the limits are now closer together. The purpose of the comparisons is to help those concerned with US programs of third-party liability and indemnification with a broader perspective

  16. 3 July 1985: Convention signed in Brussels on 31 January 1963, supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and Act approving the Protocols to amend the Paris Convention and the Brussels Supplementary Convention

    International Nuclear Information System (INIS)

    1985-01-01

    This Act refers to the Brussels Supplementary Convention approved by Belgium in 1966 and ratified on 20 August 1985 and approves ratification of the Protocols of 16 November 1982 to amend the Paris Convention and the Brussels Supplementary Convention respectively. The Protocols are reproduced in French, Dutch and German. (NEA) [fr

  17. National Assembly report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

    International Nuclear Information System (INIS)

    2010-01-01

    This report first gives an overview of the progressive implementation of measures and international convention to prevent pollution by ships: the Oilpol convention (Convention for the Prevention of Pollution of the Sea by Oil), the Marpol convention (Marine Pollution), and the different international conventions on liability and compensation (International Convention on Civil Liability for Oil Pollution, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, convention on other damages). It also describes the French system to struggle against marine pollution. Then, it presents the main arrangements of the 2001 Convention (liability, mandatory insurance and certificate, and so on), expresses some reserves on the chosen arrangement, and comments the impact of this convention

  18. Introduction to the French legislation dealing with nuclear financial liabilities

    International Nuclear Information System (INIS)

    Maocec, Ch.; Olivier, M.

    2008-01-01

    This paper aims at describing the new legal frame that has been set in France by law to face the issue of the financial liabilities of the nuclear industry, i.e. financing of the decommissioning and of the long term management of spent fuel and radioactive waste. An Act has been passed, dated 28 June 2006 (waste law), for a sustainable management of radioactive material and waste, which, in particular, implies new financial duties for nuclear operators. (authors)

  19. Nuclear liability legislation in Russia - current status and expected developments

    International Nuclear Information System (INIS)

    Karpov, A. E.; Borisov, D. G.

    2000-01-01

    Present report is provided by the experts of the Russian insurance business, a company member of the Russian Nuclear Pool, and not the experts of the Ministry of Atomic Energy of Russian Federation (RF Minatom). Considering the above, the following document will outline the current status of nuclear liability legislation and insurance in Russia from a viewpoint of the insurance companies and not RF Minatom. (author)

  20. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    Energy Technology Data Exchange (ETDEWEB)

    Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

    2001-07-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

  1. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    International Nuclear Information System (INIS)

    Gavrilov, S.D.; Derevyankin, A.A.; Khamyanov, L.P.; Kovalenko, V.N.; Kovalivich, O.M.; Smirnov, P.L.

    2001-01-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and

  2. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

    Energy Technology Data Exchange (ETDEWEB)

    Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

    1993-12-31

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

  3. The allocation of liability for nuclear risks - the UK standpoint

    International Nuclear Information System (INIS)

    Jenkin, J.W.L.

    1983-01-01

    While nuclear legislation in most countries channels liability for nuclear damage solely to the operator of a nuclear installation, contractors supplying equipment and services in the United Kingdom and abroad may be liable for nuclear risks in certain circumstances. This paper discusses the risks for which a contractor may be held liable and the uncertainties in their respect. It also suggests some steps that can be taken to ensure that such risks are borne by those who can most readily bear them. (NEA) [fr

  4. Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

    International Nuclear Information System (INIS)

    1965-01-01

    This Act determines the liability of operators of nuclear ships according to the general principles of the Paris Convention. In particular, such operators are solely liable for nuclear damage caused by a nuclear incident up to a limit of 500 millions French francs. With regard to French nuclear ships and insofar as the security provided by the operator is insufficient to meet claims for which he is liable up to the above-mentioned limit, the State intervenes to that amount. (NEA) [fr

  5. Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

    International Nuclear Information System (INIS)

    2006-01-01

    The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

  6. Carrier’s liability under the international conventions for the carriage of goods by sea

    Directory of Open Access Journals (Sweden)

    Anežka GROBARČÍKOVÁ

    2014-09-01

    Full Text Available As is well known, there is no international convention for the carriage of goods in general. Each mode of transport counts on one or several international conventions that specifically regulate the provision of international transport by sea, rail, road or air. Thus, multimodal freight transport are characterised by a patchwork of different legal regimes that represents a huge challenge for the growth of multimodal transport industry. The paper aims to analyse the latest, but still not in force Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam rules that should provide global solution for multimodal carrier liability. Comparison of the carrier’s liability in the former conventions relating to the international carriage of goods by sea and other rules are also discussed.

  7. The international nuclear liability and compensation regime put to the test of a nuclear accident

    International Nuclear Information System (INIS)

    Reyners, P.; Tetley, M.

    2003-01-01

    Full text: It appears that nuclear emergency plans place generally more emphasis on the nuclear safety and radiation protection aspects of the management of an accident, both inside the installation concerned and off-site, than on the particular requirements of local residents who would find themselves suddenly in such an emergency situation and of possible victims of nuclear damage. In a similar vein, studies focusing on the international nuclear third party liability regime usually take a global perspective and leave little room for the treatment of individual cases. The albeit welcome dearth of practical experience in Western countries in providing compensation for accidents of nuclear origin has, however, meant that public and local authorities are not always fully conscious of the importance of this question which should be dealt with in as practical a manner as possible. In order to cover all the legal and practical questions that could arise during the management of the consequences of a nuclear accident with regard to third party liability, insurance and compensation, the OECD/NEA held in co-operation with French authorities a workshop in November 2001. It was decided to organize this workshop according to three main stages: the alert phase, the accident phase and the post-accident phase; and to examine during these three stages the various roles played by local and national authorities, the nuclear operator and his insurer, as well as the nature and form of their respective actions. These questions were addressed both from the angle of applicable domestic legislation and of the relevant international conventions. From the analysis of different national experiences and of the information exchanged during the workshop, a striking diversity may be noted of solutions adopted or envisaged to address various aspects of civil liability, insurance and indemnification of damage in a nuclear emergency situation. This lack of uniformity should not necessarily be

  8. Inadequacies in the civil nuclear liability regime evident after the Chernobyl accident: the response in the joint protocol of 1988

    International Nuclear Information System (INIS)

    Pelzer, N.

    1993-01-01

    The Joint Protocol of 21 September 1988 Relating to the Application of the Vienna Convention and the Paris Convention, by bridging both Conventions and by broadening thus the area where internationally harmonized nuclear liability law is applicable to nuclear incidents, contributes to doing away with inadequacies in the system of compensation for nuclear damage. On the other hand the Protocol has negative repercussions on the existing liability Conventions. Due to the enlargement of the territorial scope of application the compensation amounts available will be exhausted earlier. In order to avoid an aggravation of the legal position of the victims in the territories of the original Contracting Parties to the Vienna and the Paris Conventions the joint Protocol has to be responded to by a considerable increase of the compensation amounts

  9. Vienna Convention and Its Revision and convention on Supplementary Compensation for Nuclear Damage on September 12, 1997

    International Nuclear Information System (INIS)

    Soljan, V.

    1998-01-01

    After Chernobyl, the perception of common interest in modernization of the international regime that regulate various aspects of nuclear energy, has been evident among states with nuclear power plants as well as those likely to be involved in or affected by a nuclear incident. The adoption of the protocol Amending the Vienna Convention on Civil liability for Nuclear Damage, 1963 and the Convention on Supplementary Compensation for nuclear damage in September 1997, represents important part of the entire result that has been achieved from the 1986. This article gives a brief survey on the background of the process of modernization of the international regime of liability for nuclear damage and examines solutions contained in the provisions of the conventions. (author)

  10. N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain

    International Nuclear Information System (INIS)

    2006-01-01

    This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two new protocols. (A.L.B.)

  11. Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    1980-01-01

    The convention on the Physical Protection of Nuclear Material is composed of the text of 23 articles, annex 1 showing the levels of physical protection and annex 2 which is the categorization list of nuclear material. The text consists of definitions (article 1), the scope of applications (2), liability of protecting nuclear material during international transport (3 and 4), duty of mutual cooperation (5 and 6), responsibility for criminal punishment (7 to 13), and final provisions (14 to 23). It is to be noted that the nuclear material for military purposes and domestic nuclear facilities are excluded in the connection. After the brief description of the course leading to the establishment of the convention, individual articles and annexes and the respective Japanese version, and the explanation based on the intergovernmental meeting discussion on the draft convention are described. (J.P.N.)

  12. Insurer risk control and nuclear liability

    Energy Technology Data Exchange (ETDEWEB)

    DeMerchant, C. [Nuclear Insurance Association of Canada, Toronto, ON (Canada)

    2015-07-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  13. Insurer risk control and nuclear liability

    International Nuclear Information System (INIS)

    DeMerchant, C.

    2015-01-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  14. Insurance of liability for the transport of nuclear materials

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    The legal principle governing civil liability for damage involving nuclear substances in course of carriage are summarized, and the main aspects of the French nuclear insurance market are analysed. The financial capacity of insurance and the role of the Atomic Pool as an aid in this respect as well as its use as a mechanism for reinsurance are also discussed. As regards the insured party, cases are reviewed where the principle of the sole liability of the operator is inapplicable. Arguments are put forward demonstrating that acknowledgement of a plurality of insured persons would not necessarily lead to an increase of insurance costs. Finally, a review is made of the nature and extent of the damage covered according to whether such damage is caused to persons or property [fr

  15. Main features of the convention on supplementary compensation for nuclear damage - an over view

    International Nuclear Information System (INIS)

    Boulanenkov, V.

    2000-01-01

    The Chernobyl accident prompted widespread awareness of the need for improved protection of the public from the consequences of nuclear accidents. It was generally recognised that urgent efforts should be undertaken to strengthen the international nuclear liability regime based on two civil law conventions, namely the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy. The work initiated by the Agency - it was assigned to the Standing Committee established in 1990 - followed a two-track approach: to improve the existing civil liability regime, including revision of the Vienna Convention for which the IAEA is depositary; and, to develop a comprehensive international liability regime. The issue of compensation additional to that available under the two basic conventions received full attention in the negotiations. In the latter context, this work resulted in the adoption by a diplomatic conference convened by the IAEA in September 1997 of a new instrument, i.e. the Convention on Supplementary Compensation for Nuclear Damage (the CSC). The CSC is a product of many years of multilateral negotiations and represents a balance of various legal, economic and political considerations. While not all concerns may have been fully met, it represents a significant improvement in the protection of the public from the consequences of nuclear accidents. (author)

  16. A study on international nuclear organizations and conventions for the globalization of Korean nuclear community

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Kwang Seok; Oh, Keun Bae; Lee, Byung Wook; Cho, Il Hoon; Lee, Jae Sung; Choi, Young Rok; Ko, Han Seok; Ham, Chul Hoon; Lee, Byung Woon [Korea Atomic Energy Research Institute, Taejon (Korea, Republic of)

    1995-12-01

    The objective of this study is to analyze the current status of international nuclear organizations and conventions in systems perspective and suggest national strategies for utilizing them for the globalization of Korean nuclear community. This study analyzes the current status of international nuclear organizations such as IAEA(International Atomic Energy Agency) and international nuclear conventions related to nuclear accidents, nuclear liability, physical protection or nuclear safety. Based on the analysis, this study suggests national strategies, in general and specific terms, to utilize international nuclear organizations and conventions for the globalization of Korean nuclear community. Separately from this report this study publishes `IAEA Handbook`, which contains all about IAEA such as statute, membership, organizational structure, main activities, finance and budget, etc.. 9 tabs., 2 figs., 35 refs. (Author).

  17. A study on international nuclear organizations and conventions for the globalization of Korean nuclear community

    International Nuclear Information System (INIS)

    Lee, Kwang Seok; Oh, Keun Bae; Lee, Byung Wook; Cho, Il Hoon; Lee, Jae Sung; Choi, Young Rok; Ko, Han Seok; Ham, Chul Hoon; Lee, Byung Woon

    1995-12-01

    The objective of this study is to analyze the current status of international nuclear organizations and conventions in systems perspective and suggest national strategies for utilizing them for the globalization of Korean nuclear community. This study analyzes the current status of international nuclear organizations such as IAEA(International Atomic Energy Agency) and international nuclear conventions related to nuclear accidents, nuclear liability, physical protection or nuclear safety. Based on the analysis, this study suggests national strategies, in general and specific terms, to utilize international nuclear organizations and conventions for the globalization of Korean nuclear community. Separately from this report this study publishes 'IAEA Handbook', which contains all about IAEA such as statute, membership, organizational structure, main activities, finance and budget, etc.. 9 tabs., 2 figs., 35 refs. (Author)

  18. Notes on third party liability for nuclear damage in connection with the construction of the first nuclear power plant in Brazil

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1975-01-01

    Responsibilities for the construction and operation of the first nuclear power plant have been transferred from the National Nuclear Energy Commission to Electrobras, a public undertaking set up for this purpose. In view of such transfer of responsibilities and the implementation of further nuclear power projects, liability for nuclear damage has to be regulated in a way consistent with international conventions. A working group associating representatives of national authorities and public utilities was entrusted with the task of drafting rules for co-ordinating their respective activities in relation to the execution of the first nuclear power project; these rules were issued by Ministerial order in 1970. The working group also prepared a draft law on civil liability for nuclear damage, based on the Vienna Convention. This draft law has reached its final stage and, after promulgation, will enable Brazil to ratify the Vienna Convention. (author)

  19. Civil Liability for Nuclear Damage. Official Records

    International Nuclear Information System (INIS)

    1964-01-01

    These Official Records of the Conference contain the summary records of the plenary meetings and of the meetings of the Committee of the Whole, the text of the Convention, the Optional Protocol, the Final Act, the resolutions adopted by the Conference and the reports of the committees and sub-committees, as well as all other documents which were submitted to the plenary and the Committee of the Whole. These Official Records also contain a complete index of documents relevant to each Article of the Convention according to its number in the final text. The history of the preparatory studies and documents is summarized on pages 39, 40 and 65-86. The symbols of International Atomic Energy Agency documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to an International Atomic Energy Agency document. The summary records of the plenary meetings and of the meetings of the Committee of the Whole contained in this volume were originally circulated in mimeographed form as documents CN-12/OR/1 to 7 and CN-12, CW/OR. 1 to 24 respectively. As printed in this volume they include the corrections to the provisional summary records that were requested by the delegations and such drafting and editorial changes as were considered necessary. These official records are available in English, French, Russian and Spanish. (author)

  20. The Brussels Nuclear Ship Convention and its impact on the German Atomic Energy Act

    International Nuclear Information System (INIS)

    Bernaerts, A.

    1976-01-01

    Although the Brussels Nuclear Ship Liability Convention of 1962, whose incorporation into German law was agreed upon by the German Federal Parliament (the Bundestag) in 1975, will have only minor international significance once it has entered into force, it will yet provide a new legal basis for the nuclear liability of the German vessel N.S. 'Otto Hahn' for the periods of her stay within the Federal Republic of Germany. However, there is no smooth concurrence of the Brussels Convention and the German Atomic Energy Act adapted to the Paris Liability Convention in 1975. This means that a number of questions still need to be resolved with respect to the protection of victims and the liability of shipowners. (orig.) [de

  1. Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime

    International Nuclear Information System (INIS)

    Quere, Alain

    2014-01-01

    The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention supplementing the Paris Convention. However, the substance of the current regimes is largely the result of conventions drawn up in the 1960's and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Despite the proposed increases in the compensation amounts, there is certainly no doubt that the potential costs of a major nuclear accident will not be fully covered by the revised Conventions. In other words, the actual compensation amount in the event of nuclear damage is quite low if we refer back to known events. By way of example, the direct cost of the Fukushima Daiichi nuclear power plant accident is estimated to be above EUR 100 billion according to different sources. The accident virtually bankrupted the Tokyo Electric Power Company (TEPCO) immediately after this event. The economic costs of the Chernobyl accident, however, are difficult to assess even now. But, according to various sources, the costs also exceed USD 100 billion. The Fukushima Daiichi and Chernobyl accidents share common characteristics. First, the amount of damage could have been even higher had the accident occurred close to major population centres or if the wind direction at the time of the accident had been different. Second, no compensation was provided by the insurance world. Further, these two accidents did not occur within the framework of the new amended conventions (the latest revision of the Paris Convention has still not taken effect). These

  2. Nuclear insurance and third-party liability. An overview

    Energy Technology Data Exchange (ETDEWEB)

    Rashid, Nahrul Khair

    1986-04-01

    As for any other insurance policy, nuclear insurance involves two parties, the insurer and the insured. The coverage provided for can be against any misfortune or peril; material or physical losses, financial losses, third party liability or even the insured himself as in the case of life or personal insurance. In property and liability insurance, the element of certainty does not exist. Accidents cannot be predicted, the insured will only be able to financially recover the present worth of the property insured as evaluated at the time of the accident and to the extent of the damage arising from the event insured against, which in most cases will be lower than the full value of the property.

  3. Nuclear liability insurance in the United States: an insurer's perspective

    International Nuclear Information System (INIS)

    Quattrocchi, J.

    2000-01-01

    By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

  4. The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

    International Nuclear Information System (INIS)

    Coustou, F.

    1986-01-01

    A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

  5. Nuclear operators' third party liability amounts and financial security limits (Last updated: December 2017)

    International Nuclear Information System (INIS)

    2017-12-01

    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 amount provided in the table corresponds to the total amount of the international funds calculated the day the table was updated. For the CSC international fund, an on-line calculator is available at https://ola.iaea.org/ola/CSCND/index.html Under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold'. Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. With regard to the BSC, in 1992 the OECD Council issued a recommendation [C(92)166/FINAL] that the contracting parties to the BSC shall not invoke Article 3 (b)(i) of the BSC in cases where the amount of the insurance or other financial security of the operator is higher than SDR 175 million per incident (i.e. public funds tier) of the BSC. As a

  6. Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  7. Conflict of law issues related to Switzerland's participation in the Paris Nuclear Third Party Liability Regime

    International Nuclear Information System (INIS)

    Waldner, Michael

    2012-01-01

    In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. This paper assesses the legal protection of Swiss victims and the liability risks faced by Swiss operators and other potential defendants (such as suppliers and builders) under the new legal regime with a particular view to conflict of laws issues. For the purpose of this assessment the paper examines which courts will be competent to hear claims of Swiss victims and against Swiss defendants in different scenarios, which law these courts should apply, whether or not the principle of legal channelling will apply and what the applicable liability amounts are. The assessment shows an ambiguous picture: Swiss operators, suppliers and builders clearly benefit from a higher degree of legal certainty. While in the absence of treaty relationships Swiss operators could potentially be sued before any foreign court, there will now be only one court with jurisdiction over claims of victims of convention states; Swiss suppliers and builders for their part will be protected by the principle of legal channelling, which basically exempts them from any liability risk. Swiss victims will benefit from treaty-backed entitlement to compensation from foreign operators; also, the judgements rendered in their favour will be enforceable in the whole convention territory; however, the limitation of the operator's liability in many Paris and Vienna states, raises doubts about whether the available funds

  8. Act No. 732 of December 7, 1988. Act to amend the Act on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1988-01-01

    This Act amends Act No. 332 of June 19, 1974 on civil liability for nuclear damage, enabling Denmark to ratify the 1982 Protocols to amend the Paris Convention and the Brussels Supplementary Convention as well as the 1988 Joint Protocol relating to the application of the Vienna and the Paris Convention. The 1988 Act raises the nuclear operator's liability from 75 million DKr to 60 million SDRs while cover involving State funds is raised from 120 million units of account to 300 million SDRs. The Act entered into force on July 1, 1989 except for the provision on State funds which becomes effective when the 1982 Protocol amending the Brussels Convention comes into force. (NEA) [fr

  9. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1996-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including using them as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organization, as well as in reducing costs on a wide front from those expected, in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organizations in the business of liabilities management. (author)

  10. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1995-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organisation, as well as reducing costs on a wide front from those expected in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organisations in the business of liabilities management. (author)

  11. Nuclear Liability Act. RS, c.29 (1st supp.), s.1

    International Nuclear Information System (INIS)

    1985-01-01

    The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

  12. Nuclear liability and the Price--Anderson Act

    International Nuclear Information System (INIS)

    Wilson, R.

    1977-01-01

    The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

  13. Reviewing the justification and adequacy of existing legal principles governing nuclear third party liability

    International Nuclear Information System (INIS)

    Gnam, P.A.

    1983-01-01

    Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA) [fr

  14. Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

    International Nuclear Information System (INIS)

    1983-01-01

    This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

  15. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, M.; Brooks, S.; Miller, J.; Neal, P.; Mason, R.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites by various technical groups. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (concluded 2011 March), in planning the three-year second phase (currently being commenced), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Several internal and external reviews of the Program during the start-up phase examined progress and identified several improvements to planning. These improvements included strengthening communications among the groups within the Program, conducting more detailed advance planning of the interlinked activities, and being cautious about making detailed commitments for activities for which major decisions had yet to be made. The second phase was planned by a dedicated core team. More and earlier input was solicited from the suppliers than in the planning for the first phase. This was to ensure that the proposed program of work was feasible, and to be able to specify in more detail the resources that would be required to carry it out. The NLLP has developed several processes to assist in the detailed planning of the numerous projects and

  16. Third Party Nuclear Liability: The Case of a Supplier in the United Kingdom

    OpenAIRE

    Thomas, A.; Heffron, R. J.

    2012-01-01

    The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term “Supplier” is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...

  17. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, Michael E.; Brooks, Sheila M.; Miller, Joan M.; Mason, Robert A.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The liabilities include shutdown research and prototype power reactors, fuel handling facilities, radiochemical laboratories, support buildings, radioactive waste storage facilities, and contaminated lands at several sites located across eastern Canada from Quebec to Manitoba. The largest site, Chalk River Laboratories (CRL) in Ontario, will continue as an operational nuclear site for the foreseeable future. Planning and delivery of the Program is managed by the Liability Management Unit (LMU), a group that was formed within AECL for the purpose. The composition and progress of the NLLP has been reported in recent conferences. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites, and by various technical groups as suppliers to the LMU. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (which will conclude 2011 March), in planning the five-year second phase (which is currently being finalized), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Progress in executing the Program was slower than anticipated due to less than ideal alignment between some planned technical solutions and the actual requirements, as well as the

  18. Liability for injury to the unborn - Recent amendments to the United Kingdom Nuclear Installations Act

    International Nuclear Information System (INIS)

    Coleman, J.E.

    1977-01-01

    The adoption in the United Kingdom in 1976 of an Act to determine liability for injury to the unborn (foetus) has provided the opportunity to amend the Nuclear Installations Act which governs the liability of nuclear operators, which is now extended to such injury. Any 'injury' attributable to a nuclear operator which so affects a mother that her child is born disabled involves the liability of that operator within the meaning of the Nuclear Installations Act whether or not either parent has suffered an injury on that occasion. (NEA) [fr

  19. New tendencies in the legal mark give the civil liability for nuclear damages

    International Nuclear Information System (INIS)

    Gil Portela, Rosario; Alonso Gonzalez, Ivonne

    1998-01-01

    The development gives an indispensable legal mark for the execution a nuclear program it includes relative special dispositions to the civil liability for nuclear damages. The existence gives an international regime in this matter and its current improvement, give the one that Cuba is State it leaves, it conditions the inclusion additional requirements in the national legislative system on civil liability relatives to the possible damages that it could cause to the personal one and environment in general a nuclear accident

  20. Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

    International Nuclear Information System (INIS)

    Iizuka, H.

    2006-01-01

    Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

  1. Third party nuclear liability regime in the Romanian legislation - current status

    International Nuclear Information System (INIS)

    Chirica, T.; Chiripus, V.

    2004-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

  2. Limitation of third party nuclear liability. Causes, implications and future possibilities

    International Nuclear Information System (INIS)

    Radetzki, M.

    1999-01-01

    Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

  3. Nuclear Liability Act of 8 March 1968 (No. 45) as amended by an Act of 10 May 1974 (No. 249) and by an Act of 22 December 1982 (No. 1275)

    International Nuclear Information System (INIS)

    1983-11-01

    The amendments to this Act fall into two categories. The first category of amendments enabled Sweden to ratify two 1982 Protocols amending the Paris Convention and the Brussels Supplementary Convention respectively. The other amendments raise the nuclear operator's liability from 50 million to 500 million Swedish crowns per incident and introduce a State liability over and above compensation available under the Brussels Convention, thus raising the aggregate amount of compensation to 3,000 million Swedish crowns. (NEA) [fr

  4. Comments on establishing a causal link between an ''occurrence or succession of occurrences having the same origin'' and ''damage'', required for implementing the Convention on Third Party Liability in the field on nuclear energy

    International Nuclear Information System (INIS)

    Hebert, J.

    1985-01-01

    This paper considers the problems of proving the causal link between a nuclear incident and bodily injury when the latter is a non-stochastic effect or a stochastic effect of ionizing radiation and the author suggests that a solution should be sought in presumption. In the absence of such a solution, inconsistencies with the present tendency to raise coverage amounts might be misunderstood by public opinion if an incident were to occur. To conclude, the author suggests that proof of the causal link should act as a trigger for transfers of financial charges between the different categories of persons. (NEA) [fr

  5. Liability according to civil law regarding border-crossing nuclear damage

    International Nuclear Information System (INIS)

    Baer, Caroline

    1987-12-01

    The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

  6. Prerequisites for a nuclear weapons convention

    International Nuclear Information System (INIS)

    Liebert, W.

    1999-01-01

    A Nuclear Weapons Convention (NWC) would prohibit the research, development, production, testing, stockpiling, transfer, use and threat of use of nuclear weapons and would serve their total elimination.' In this fashion it follows the model laid out by the biological and chemical weapons conventions. The NWC would encompass a few other treaties and while replacing them should learn from their experiences. The Nuclear Weapons Convention should at some given point in the future replace the Non-Proliferation Treaty (NPT) and so resolve its contradictions and shortcomings. The main objectives of an NWC Would be: reduction of the nuclear arsenals of the 'five' nuclear weapons powers down to zero within a set of fixed periods of time; elimination of stockpiles of weapons-usable materials and, where existent, nuclear warheads in de-facto nuclear weapon and threshold states; providing assurance that all states will retain their non-nuclear status forever

  7. Natural Disaster as a Reason to Annul the Nuclear Liability: From National and International Law’s Perspective

    International Nuclear Information System (INIS)

    Taufiq, D.

    2016-01-01

    One serious issue that deserves more attention from Indonesia before constructing its first NPP, regarding its ''ring of fire'' geological position, is the natural disaster as a reason to annul the nuclear liability. Article 32 of Act No 10 Year 1997 on Nuclear Energy stipulates that ''nuclear installation operator shall not be responsible for the damage caused by a nuclear accident that occurred as a direct impact of a domestic or international armed conflict or natural disaster that exceeded the design limits and acceptance criteria set by the regulatory body.'' In its explanation natural disaster includes earthquakes. This article adopts the provision of article IV paragraph 3b 1963 Vienna Convention on Civil Liability for Nuclear Damage. But, in 1997 Amendment Protocol, this provision has been deleted. Natural disasters often referred to as an ''act of god'' because it occurs outside the control of the human. Nevertheless, not all natural disasters could cause the operator to annul its civil liability. The most important question is: ''has the operator taken all necessary preventive actions to prevent accidents, before and during the natural disaster?''

  8. New nuclear legislation proposals from the European Commission funds to cover nuclear liabilities

    International Nuclear Information System (INIS)

    Taylor, Derek M.

    2003-01-01

    On 30 January 2003, the European Commission adopted two proposals for new Directives in the area of nuclear safety: - a proposal for a Council Directive defining the basic obligations and the general principles on the safety of nuclear installations; - a proposal for a Council Directive on the management of spent nuclear fuel and radioactive waste. The first of these includes a requirement for the setting up of 'decommissioning funds'. However, this is a 'short-hand' title as the funds must cover all nuclear liabilities that remain after the end of operation of a nuclear installation, not just its closure and dismantling. The liabilities that remain following the closure of a nuclear installation need to be managed safely. They also need to be managed over a period that ranges from decades to centuries. It is vitally important that the financial resources for the safe management of these liabilities can be guaranteed over the full period. In the Commission's view, this can be best achieved by establishing a segregated fund that is built up over the operating life of the facility and by placing clear limitations on how the fund may be used. Ideally the segregated fund should be 'external' to the company and managed in such a way to ensure that it retains its value. The funds should not be spent on anything other than their identified purpose. The fund should be sufficient to cover all liabilities that remain once a facility stops generating revenue. These liabilities would include long-term management of spent nuclear fuel and all radioactive waste (including its disposal), not already paid for during operation, and the full dismantling of the facility. The Directive should cover all nuclear installations, not just nuclear power plants. It would not be logical to require a fund to cover reactor decommissioning, but not for a reprocessing plant. Special provisions will have to be made for those installations, such as some research reactors, that do not generate

  9. Nuclear and conventional energy transformation

    International Nuclear Information System (INIS)

    Schikarski, W.

    1979-03-01

    Atmospheric pollution from fossil fuel- and nuclear power plants have been compared. SO 2 is the substance chosen from coal- and oil fuel power plants. Measured values for chemical pollution are at levels 10 times, and radioactive pollution near to nuclear power plants, 10.000 times, below that which would cause damage to health. (A.R.H.) [pt

  10. Senate report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

    International Nuclear Information System (INIS)

    2010-01-01

    This report recalls the different texts concerning the law of the sea: United Nations Convention on the Law of the Sea (UNCLOS) of 1982 which was ratified by France in 1996, the International Convention on Civil Liability for Oil Pollution of 1992, the creation of the International Oil Pollution Compensation Funds, and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea (HNS) in 1996. While evoking some recent examples of wrecks and pollutions and some already existing French and European initiatives, it describes the implications and consequences of this convention on the French law and for its enforcement, provided that this new treaty is designed to take bunker oil into account as it may induce a significant pollution of the marine environment

  11. Influence of nuclear glasses composition on their liability to deterioration

    International Nuclear Information System (INIS)

    Tovena, I.

    1995-01-01

    The aim of this thesis is to contribute to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo 1 00) Celsius and another one at 90 degrees Celsius (Vo 9 0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo 9 0 and Vo 1 00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs

  12. Towards a global system of compensation for transboundary nuclear damage: reflexions on the interrelationship of civil and international state liability

    International Nuclear Information System (INIS)

    Handl, G.

    1993-01-01

    International state liability is an essential complementary element of any global and comprehensive nuclear compensation system. Civil liability alone will not be able to fully compensate victims of a nuclear accident and will therefore not fully internalize the costs of nuclear activities. To make it effective and politically acceptable, state liability must be fully integrated procedurally with any civil liability system as a last tier of compensation following a simple process for handling together both civil and state liability claims at the international level, with individuals being able to sue Installation States. 69 refs

  13. National report of Brazil. Nuclear Safety Convention

    International Nuclear Information System (INIS)

    1998-09-01

    This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  14. The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective

    International Nuclear Information System (INIS)

    Davies, David B.

    2014-01-01

    This article contends that it is essential that new entrant countries into the nuclear energy industry have comprehensive nuclear legislation; it is less clear, however, whether new entrant countries find it essential to join any of the various international nuclear liability conventions, as some countries have been slow or resistant to the idea. This article will take a closer look at the potential influencing factors driving membership or non-membership in the CSC by a developing country. First, however, is a discussion of the basic principles of international nuclear third party liability, the CSC itself, developing countries' current participation in the various international nuclear liability conventions and the advantages and disadvantages of the CSC. The author's views regarding participation by a developing country in the CSC will also be presented. (author)

  15. Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

    International Nuclear Information System (INIS)

    Svoboda, Karel; Podlaha, Josef

    2011-01-01

    The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

  16. 10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Appendix A-Form of nuclear energy liability policy for facilities. 140.91 Section 140.91 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FINANCIAL PROTECTION... other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act. Nuclear...

  17. Convention on supplementary compensation for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-22

    The document reproduces the text of the Convention on Supplementary Compensation for Nuclear Damage which was adopted on 12 September 1997 by a Diplomatic Conference held between 8-12 September 1997 in Vienna

  18. Convention on supplementary compensation for nuclear damage

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of the Convention on Supplementary Compensation for Nuclear Damage which was adopted on 12 September 1997 by a Diplomatic Conference held between 8-12 September 1997 in Vienna

  19. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  20. Nuclear liability interest in population and environmental exposures from the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Piccolo, R.G.

    1988-01-01

    The potential for costly nuclear liability claims is often a hidden dimension to the operation of a nuclear power plant. There are two predominant modes for this to occur: either from on-site exposures to plant workers and alleged bodily injury; or from the release of plant effluents to the environment and alleged property damage and bodily injury. ANI/MAELU recently received 2 multi-million dollar nuclear liability claims alleging environmental damage caused by the routine release of radioactive effluents from nuclear facilities. In both cases, the release of radionuclides appeared to be within appropriate regulations. Two important goals of the regulations are to monitor releases and to ensure that releases are within limits intended to protect the public. While, in fact radionuclide releases are normally within regulatory limits, this does not address the growing perception that radiation at any level is harmful. ANI/MAELU is concerned because this perception impacts the possibility of tort litigation. ANI/MAELU conducted a partial review of the nuclear industry environmental monitoring programs. One general conclusion of this effort is that the industry is adequately monitoring environmental releases, thereby protecting the public. They have also generally concluded that the industry is not well poised to protect itself from some of the consequences of potential liability claims alleging property damage or bodily injury from radiation released to the environment. ANI/MAELU Bulletin 86-1, Environmental Monitoring Programs was issued in February of 1986 addressing this concern. The Bulletin identifies five areas where improvements can be made in environmental monitoring programs to reduce the potential for litigation

  1. Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

    Directory of Open Access Journals (Sweden)

    Sayyed Mohammad Mahdi Qabuli Dorafshan

    2015-12-01

    Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

  2. Effectiveness of the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    Schwarz, G.

    2016-01-01

    The Convention on Nuclear Safety (CNS) has been established after the Chernobyl accident with the primary objective of achieving and maintaining a high level of nuclear safety worldwide, through the enhancement of national measures and international cooperation. The CNS is an incentive convention. It defines the basic safety standard which shall be met by the Contracting Parties. The verification of compliance is based on a self-assessment by the Countries and a Peer Review by the other Contracting Parties. As of July 2015, there are 78 Contracting Parties. Among the Contracting Parties of the Convention are all countries operating nuclear power plants except the Islamic Republic of Iran and Taiwan, all countries constructing nuclear power plants, all countries having nuclear power plants in long term shutdown and all countries having signed contracts for the construction of nuclear power plants. The National Reports under the CNS therefore cover almost all nuclear power plants of the world. The peer review of reports, questions and answers that are exchanged in connection with the Review Meetings provided a unique overview of nuclear safety provisions and issues in countries planning or operating nuclear power plants. This is especially important for neighbouring countries to those operating nuclear power plants.

  3. Third party liability in the field of nuclear law an irish perspective

    International Nuclear Information System (INIS)

    O'Higgins, P.; McGrath, P.

    2002-01-01

    This paper will first set out in summary form the main provisions of the Paris Convention, the instrument under which issues of third party liability between the majority of NEA member states affected by any such incident would be resolved, and will then set out some of the perceived advantages and disadvantages which would result from an application of the provisions of the Convention to a non-nuclear state such as Ireland. This paper will then consider how Irish victims of a nuclear incident might re.cover compensation for loss and damage caused by such an incident. For reasons set out below, it is the view of the authors that Irish victims of such an incident could first bring their claim in Ireland or in France, that it is likely that Irish law would apply to any such claim and that any judgement, including any interlocutory judgement in such proceedings, could be enforced in the courts of any other European Union state, including France. (authors)

  4. Risk in Nuclear Industry. Liability for Nuclear Damage. Status of the Problem in the Russian Federation

    International Nuclear Information System (INIS)

    Kovalevich, Oleg M.; Gavrilov, Sergey D.; Voronov, Dmitry B.

    2001-01-01

    Russia is one of a few nuclear power states obtaining the whole number of nuclear fuel cycle (NFC) components - from mining of uranium and on-site electricity production, from NPP spent nuclear fuel processing and extracted fissile materials and radionuclides, which are available in industry, in medicine and in other relevant areas, to radioactive waste processing and disposal. For this reason it is very important to solve the problem of nuclear fuel cycle safety as it is a single system task with an adequate approach for all cycle components. The problem is that NFC facilities are technologically various and refer to different industries (mining, machinery engineering, power engineering, chemistry, etc.). Besides, the above facilities need the development of various scientific bases. The most NFC facilities is directly connected with peaceful use of nuclear energy and with military nuclear industry, as the defense orders stimulated the development of NFC. The specific attention to safety problems at the beginning of nuclear complex foundation adversely affected the state attitude towards the risk in nuclear industry, it has left the traces at present. In our paper we touch upon the problems of risk and the liability for nuclear damage for the third persons. The problems of nuclear damage compensation for nuclear facilities personnel and for the owners (operating organizations) are beyond our subject

  5. For a convention for nuclear weapon elimination

    International Nuclear Information System (INIS)

    2008-03-01

    This document contains two texts linked with the project of an international convention for the elimination of nuclear weapons (the text of this project has been sent to the UN General Secretary and is part of an international campaign to abolish nuclear weapons, ICAN). These two texts are contributions presented in London at the Global Summit for a Nuclear Weapon-free World. The first one calls into question the deterrence principle and the idea of a nuclear weapon-based security. It calls for different forms of action to promote a nuclear weapon-free world. The second text stresses the role and the responsibility of states with nuclear weapons in nuclear disarmament and in the reinforcement of the nuclear non proliferation treaty (NPT)

  6. Review of legislation on civil liability for nuclear damage; Revision de la legislacion relativa a la responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Menendez-Moran, E.

    2011-07-01

    The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

  7. Some considerations regarding the reforms of nuclear liability legislation in the United States

    International Nuclear Information System (INIS)

    Welck, S. von

    1980-01-01

    In the United States, as in the Federal Republic of Germany and in Switzerland, some thought is presently being given to reforms of nuclear liability legislation. In each case it was either triggered or influenced by the Three Mile Island incident of March 28, 1979. Some of the current thinking in the United States has already been incorporated in a number of draft bills now before Congress for deliberation and decision. Other draft bills on reforms of U.S. nuclear liability law have been announced. It is certain that this reform of nuclear liability legislation in the United States will be carried out not only with determination and the political will to improve the present situation, but also with the required caution and prudence, and that it will keep Congress busy not only for this term, but also next year. (orig.) [de

  8. Legislative Study on China’s Compensation for Nuclear Damage Liability

    Directory of Open Access Journals (Sweden)

    Jiu Liu

    2018-06-01

    Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

  9. Convention on nuclear safety. Final act

    International Nuclear Information System (INIS)

    1994-01-01

    The Diplomatic Conference, which was convened by the International Atomic Energy Agency at its Headquarters from 14 to 17 June 1994, adopted the Convention on Nuclear Safety reproduced in document INFCIRC/449 and the Final Act of the Conference. The text of the Final Act of the Conference, including an annexed document entitled ''Some clarification with respect to procedural and financial arrangements, national reports, and the conduct of review meetings, envisaged in the Convention on Nuclear Safety'', is reproduced in the Attachment hereto for the information of all Member States

  10. National nuclear safety report 1998. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1998-01-01

    The Argentine Republic subscribed the Convention on Nuclear Safety, approved by a Diplomatic Conference in Vienna, Austria, in June 17th, 1994. According to the provisions in Section 5th of the Convention, each Contracting Party shall submit for its examination a National Nuclear Safety Report about the measures adopted to comply with the corresponding obligations. This Report describes the actions that the Argentine Republic is carrying on since the beginning of its nuclear activities, showing that it complies with the obligations derived from the Convention, in accordance with the provisions of its Article 4. The analysis of the compliance with such obligations is based on the legislation in force, the applicable regulatory standards and procedures, the issued licenses, and other regulatory decisions. The corresponding information is described in the analysis of each of the Convention Articles constituting this Report. The present National Report has been performed in order to comply with Article 5 of the Convention on Nuclear Safety, and has been prepared as much as possible following the Guidelines Regarding National Reports under the Convention on Nuclear Safety, approved in the Preparatory Meeting of the Contracting Parties, held in Vienna in April 1997. This means that the Report has been ordered according to the Articles of the Convention on Nuclear Safety and the contents indicated in the guidelines. The information contained in the articles, which are part of the Report shows the compliance of the Argentine Republic, as a contracting party of such Convention, with the obligations assumed

  11. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    International Nuclear Information System (INIS)

    Eiras, Sergio Alves; Couto, Roberto Toscano

    1995-01-01

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs

  12. Nuclear liability insurance: the Price-Anderson reparations system and the claims experience of the nuclear industry

    International Nuclear Information System (INIS)

    Marrone, J.

    1983-01-01

    The manner in which the Price-Anderson Law operates to provide reparations is reviewed, and the changes made in the law by Congress in 1975 are outlined. Nuclear liability insurers' response to the Three Mile Island accident is described, including emergency assistance funds advanced to qualified evacuees and the claims and litigations that followed. Other nuclear liability claims that have been asserted are described as being brought chiefly by onsite workers. Good health physics protection of workers is acknowledged, but the need to improve record keeping for transient workers is stressed. The nuclear industry is urged to implement a more effective record-keeping program for such workers

  13. Liabilities for the decommissioning and disposal in the nuclear area. Analysis and concept of reformation

    International Nuclear Information System (INIS)

    Meyer, Bettina

    2012-01-01

    The contribution under consideration examines the adequacy of the reserves for decommissioning / dismantling and disposal in order to finance long-term tasks. A reform concept is presented. The two key components of the reformation are the establishment of a public fund for the long-term obligations and a stronger insolvency protection of medium-term nuclear liabilities.

  14. 1988 changes to United States law regarding nuclear third party liability

    International Nuclear Information System (INIS)

    Cunningham, G.H.

    1989-09-01

    The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

  15. The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.

    2011-07-01

    Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

  16. Organization and liability of British regulating authorities involved in nuclear safety and radiation protection

    International Nuclear Information System (INIS)

    Harbison, S.

    1995-01-01

    In Great Britain, nuclear safety juridic basis is made of two law: HSWA (1974) for hygiene and security in working environment, and NIA (1965) specific to nuclear sites. The HSWA law created an HSC (Hygiene and Security Commission) in charge of workers and public security. HSC executive organ is HSE, whose nuclear office is NSD. Nevertheless, the general philosophy remains the one of HSWA, which results in the liability of operators in nuclear matters, as well as for any other industrial matter. (D.L.). 1 fig., 1 map

  17. Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-01

    The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

  18. The IAEA Conventions on Early Notification of a Nuclear Accident and on Assistance in the Case of a Nuclear Accident or Radiological Emergency

    International Nuclear Information System (INIS)

    Moser, B.

    1989-01-01

    This article provides a comprehensive analysis of the provisions of both IAEA Conventions. Special attention is paid to the rules of the Convention on Early Notification which identify the events subject to notification and the content and addresses of the information to be provided with regard to a nuclear accident, as well as to the provisions of the Convention on Assistance concerning the request and grant of international assistance with regard to a nuclear accident and the duties attributed in this field to the IAEA. The author also considers the liability questions raised by that Convention. (NEA) [fr

  19. National Nuclear Safety Report 2001. Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2001-01-01

    The First National Nuclear Safety Report was presented at the first review meeting of the Nuclear Safety Convention. At that time it was concluded that Argentina met the obligations of the Convention. This second National Nuclear Safety Report is an updated report which includes all safety aspects of the Argentinian nuclear power plants and the measures taken to enhance the safety of the plants. The present report also takes into account the observations and discussions maintained during the first review meeting. The conclusion made in the first review meeting about the compliance by Argentina of the obligations of the Convention are included as Annex 1. In general, the information contained in this Report has been updated since March 31, 1998 to March 31, 2001. Those aspects that remain unchanged were not addressed in this second report with the objective of avoiding repetitions and in order to carry out a detailed analysis considering article by article. As a result of the above mentioned detailed analysis of all the Articles, it can be stated that the country fulfils all the obligations imposed by the Nuclear Safety Convention

  20. National nuclear safety report 2004. Convention on nuclear safety

    International Nuclear Information System (INIS)

    2004-01-01

    The second National Nuclear Safety Report was presented at the second review meeting of the Nuclear Safety Convention. At that time it was concluded that Argentina met the obligations of the Convention. This third National Nuclear Safety Report is an updated report which includes all safety aspects of the Argentinian nuclear power plants and the measures taken to enhance the safety of the plants. The present report also takes into account the observations and discussions maintained during the second review meeting. The conclusion made in the first review meeting about the compliance by Argentina of the obligations of the Convention are included as Annex I and those belonging to the second review meeting are included as Annex II. In general, the information contained in this Report has been updated since March 31, 2001 to April 30, 2004. Those aspects that remain unchanged were not addressed in this third report. As a result of the detailed analysis of all the Articles, it can be stated that the country fulfils all the obligations imposed by the Nuclear Safety Convention. The questions and answers originated at the Second Review Meeting are included as Annex III

  1. A study on the international cooperation in the nuclear liability system related to the supply of nuclear power plants to North Korea

    Energy Technology Data Exchange (ETDEWEB)

    Ham, Chul Hoon.; Kim, Tae Myeong [The Catholic University, Seoul (Korea)

    2001-12-01

    System of nuclear damage compensation was prepares to protect the interested parties in the implementation of nuclearenterprise and conciliate the conflicts of interests of them. The Light-water Reactor (LWR) Project to supply two units of light-water reactors to North Korea faced difficulties concerning nuclear damage compensation system due to decline of the international reliability and aggravation of economic condition of North Korea. It is necessary to study the special nuclear damage compensation system of the LWR Project to promote the Project and peaceful uses of atomic energy in northeast Asia. The contents and scope of the study is composed as follows; 1. Background of the LWR Project . the pending issues of them and the necessary of the special nuclear damage compensation system 2. Investigation of nuclear damage compensation system of United States, Japan, German, France and Korea 3. Account of conventions on liability for nuclear damage, especially Vienna Convention and its Protocols 4. Searching for issues of the nuclear damage compensation system of the LWR Project and its resolution 5. Comprehensive arrangement on the main issues through the study. 4 tabs. (Author)

  2. The contribution of industry to complementary financing of nuclear liability risk

    International Nuclear Information System (INIS)

    Delpirou, D.

    1993-01-01

    The members of OPEN (Association of Nuclear Energy Producers) and UNIPEDE (International Union of Producers and Distributors of Electrical Energy) consider that the creation of a pooling system intended to have industry provide complementary financing of nuclear liability risk cannot be taken for granted at the current stage of discussions. If such a system was set-up, it should respect the following principles: free organization of pools by operators and voluntary association of members; creation of pools on a regional basis; setting of a reasonable maximum contribution for each nuclear installation; system of post event contributions; flexible and economic management of funds

  3. Order on nuclear third party liability (ORCN) Amendment of 2 December 1985

    International Nuclear Information System (INIS)

    1985-01-01

    According to the 1983 Act on Nuclear Third Party Liability the Federal Council must increase the minimum amount of three hundred million francs covered by private insurance when the insurance market offers a higher coverage at acceptable conditions. The Swiss insurers being in a position to cover the sum of four hundred million francs as from January 1986, the Government accordingly amended the Ordinance of 5th December 1983 on Nuclear Third Party Liability (ORCN). The Confederation continues to act as an insurer for the difference between this amount and one thousand million francs; contributions due in this respect will be reduced to take account of the greater sum to be covered by private insurance. The New Ordinance entered into force on 1st January 1986. (NEA) [fr

  4. The inadequate liability and compensation regime for damage caused by nuclear activities

    International Nuclear Information System (INIS)

    Dyke, Jon M. Van

    2010-09-01

    The specific obligation to provide restitution and compensation when nuclear activities cause injuries has been recognized repeatedly and is now certainly part of customary international law. But problems remain regarding how to measure damages, how to implement the duty to repair the injuries, and what specific obligations exist to protect neighboring states from transboundary pollution. Although some treaties exist governing liability for harm resulting from nuclear accidents, they are not adequate to protect victims and have not been widely ratified. The failure to require nuclear operators to prepare for damage that may result from accidents constitutes a subsidy to the nuclear industry and makes it difficult to compare the real costs of nuclear energy with the costs of other energy sources. This survey of settled norms and unresolved issues demonstrates that further work is needed to develop a comprehensive and authoritative regime to govern harm from nuclear activities. Although it is clear that both the operators of nuclear facilities and the states that have jurisdiction over them would be responsible to provide restitution and compensation for such harm under a strict liability regime, the types of injuries that must be compensated and the range of damages that must be covered remain subjects of controversy. Although the underlying customary international law principles (the no-harm principle and the polluter-pays principle) are clear, the actual treaties that have been drafted are inadequate and they have not been widely ratified. Victims of damage from nuclear activities would have difficulty finding a neutral tribunal in which to bring their claims and would face procedural obstacles including caps on liabilities and inappropriately short statutes of limitations as well as difficulties regarding proof of damages. The failure to develop a proper regime that would ensure full restitution and compensation for harm resulting from nuclear facilities

  5. Criminal offences considered in the Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    Neira, C.C.

    1996-01-01

    The Convention on the Physical Protection of Nuclear Material was signed in Vienna, on April 3, 1980, approved by Law 23.620 on September 28, 1998, and published in the Official Bulletin of the Argentine Republic on November 2, 1988. This Convention considers some aspects of Criminal Law and Criminal Procedural Law and integrates the normative hierarchical structure of the article 31 of the National Constitution. The adequacy of this Convention to the Argentine law is considered through two aspects: The first one examines figures existing in the Argentine Legislation about larceny and robbery of nuclear materials, misappropriation of nuclear materials, obtainment and fraud of nuclear materials, exaction through threat or intimidation, etc., which are considered in different articles of the Argentine Criminal Law. The second one analyses behaviours not foreseen in the Criminal Law and which are not qualified by the current Argentina's Criminal Code, such as exaction of nuclear material through the use of violence, the international perpetration of an act consisting to receive, possess, use, vacate, scatter nuclear material without legal authorization, or in the case that the act causes death, serious injuries to persons and others. The purpose of the future enactment of a new Nuclear Law is to put in order and fill-in gaps referred to different aspects such as civil liability in nuclear damages, characteristics of the nuclear damages, etc [es

  6. Safeguards for a nuclear weapon convention

    International Nuclear Information System (INIS)

    Fischer, D.

    1999-01-01

    An NDT presupposes a fundamental commitment by all parties to its final objective and hence requires a high and sustained level of confidence amongst all states concerned. The appropriate format for an Nuclear Disarmament Treaty (NDT) would probably be a multilateral treaty open to all states. The treaty must necessarily include the five nuclear weapon states and a procedure would have to be found for securing the ratification of the threshold states without conferring upon them the status of nuclear weapon states. While the IAEA may well be able to carry out the safeguards tasks required by an NDT it would probably be necessary to establish a new international organization to verify the elimination of all nuclear weapons. The experience of UNSCOM and the IAEA in Iraq, and of the IAEA in the DPRK, have shown how difficult the verification of international obligations is in the absence of a commitment to disarm, while the experience of the INF and START treaties, and of the IAEA in South Africa have shown how much simpler it is when the parties concerned are fully committed to the process. Verifying and safeguarding an NDT would be largely an extrapolation of activities already carried out by the nuclear weapon states under the INF and START treaties and by the IAEA in the routine application of safeguards as well as in its less routine work in Iraq, South Africa and the DPRK. Both the verification and safeguarding tasks would be made very much easier if it were possible to bring down to a few hundred the number of nuclear warheads remaining in the hands of any avowed nuclear weapon state, and to conclude a cutoff convention. Experience is needed to show whether the additional safeguards authority accorded to the IAEA by 'programme 93+2' will enable it to effectively safeguard the facilities that would be decommissioned as a result of an NDT and those that would remain in operation to satisfy civilian needs. Subject to this rider and on condition that the IAEA

  7. Resolving Past Liabilities for Future Reduction in Greenhouse Gases; Nuclear Energy and the Outstanding Federal Liability of Spent Nuclear Fuel

    Science.gov (United States)

    Donohue, Jay

    This thesis will: (1) examine the current state of nuclear power in the U.S.; (2) provide a comparison of nuclear power to both existing alternative/renewable sources of energy as well as fossil fuels; (3) dissect Standard Contracts created pursuant to the National Waste Policy Act (NWPA), Congress' attempt to find a solution for Spent Nuclear Fuel (SNF), and the designation of Yucca Mountain as a repository; (4) the anticipated failure of Yucca Mountain; (5) explore WIPP as well as attempts to build a facility on Native American land in Utah; (6) examine reprocessing as a solution for SNF used by France and Japan; and, finally, (7) propose a solution to reduce GHG's by developing new nuclear energy plants with financial support from the U.S. government and a solution to build a storage facility for SNF through the sitting of a repository based on a "bottom-up" cooperative federalism approach.

  8. Law no. 6.453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

    International Nuclear Information System (INIS)

    1977-01-01

    This Act was published on 17 october 1977. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out the maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment

  9. Protocols to Amend the Paris, Vienna and Brussels Supplementary Conventions and the Convention on Supplementary Compensation for Nuclear Damage: Status of their Implementation into National Legislation

    International Nuclear Information System (INIS)

    Schwartz, J.

    2006-01-01

    Over the last decade, a number of very significant developments have taken place in modernising the existing international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of all these new instruments is to provide a greater amount of compensation to a larger number of victims in respect of a broader scope of nuclear damage suffered as a result of a nuclear accident. The second, but still very important objective is the maintenance of compatibility between the revised Paris and Vienna Conventions to ensure the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, the PC States wish to ensure that their newly revised Convention will not prevent a Contracting Party from joining the more global regime established by the CSC. However, it remains to be seen to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has not drawn wide support from the 1963 VC States or from countries with important nuclear generating capacity which have not yet joined that latter any Convention. In addition, notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and it remains questionable whether it will ever attract the necessary number of adherents for that purpose, especially in light of its strict requirements in this regard. As for the PC and BSC Protocols to

  10. Managing future financial liabilities arising from nuclear activities: the experience of Electricite de France

    International Nuclear Information System (INIS)

    Boudier, J.-M.

    1995-01-01

    Financial liabilities related to nuclear activities are no more the open field that they may have once been, even though there are still questions waiting for definite answers. In most cases, technical solutions not only have been developed in laboratories, but have been implemented at industrial stage. Therefore, reliable cost evaluations can be achieved which allow charging realistically current customers for future expenses. Another fact is that whatever the size of the amount involved, they remain a manageable challenge for power companies with regards to their financial capacity. However, securing such large amounts over decades makes necessary the existence of a strong institutional environment. (author)

  11. Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned

    International Nuclear Information System (INIS)

    2013-01-01

    The NEA Steering Committee for Nuclear Energy adopted the Decision and Recommendation Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned on 30 October 2014. The purpose of this Decision and Recommendation is to provide updated technical exclusion criteria, replacing the 1990 criteria that were in force. The criteria are relatively conservative, and some nuclear installations in the process of decommissioning will not, at first, be eligible for exclusion. However, at some point during the decommissioning process, the nuclear installation would meet the criteria and could be excluded from the Paris Convention nuclear liability regime, relieving the operator from the obligation to have and maintain the specific, high level nuclear liability insurance coverage. The Decision and Recommendation's Appendix and Explanatory Note are included in the document

  12. Liability and compensation for oil pollution damage: some current threats to the international convention system

    International Nuclear Information System (INIS)

    Chao Wu

    2002-01-01

    The carriage of oil is indispensable to the industrialized nations. In this respect, the carriage of oil is undertaken as a service to society as a whole with its individual members deriving benefits from its carriage to varying degrees. Consequently, after examining the four Conventions in the international system of compensation for oil pollution from ships, it is argued that the general citizenship of those nations pay, in exceptional cases, for a small share of the risk, which is created in part by the citizens, as users of oil. The paper proposes the creation of a fund of last resort that could be conceived either at a regional level or a national level and financed through (indirect) taxation on the population as a whole. This type of fund could have a wider use in the field of marine pollution and protection of marine resources. (author)

  13. Nuclear safety: an international approach: the convention on nuclear safety

    International Nuclear Information System (INIS)

    Rosen, M.

    1994-01-01

    This paper is a general presentation of the IAEA Convention on Nuclear Safety which has already be signed by 50 countries and which is the first legal instrument that directly addresses the safety of nuclear power plants worldwide. The paper gives a review of its development and some key provisions for a better understanding of how this agreement will operate in practice. The Convention consists of an introductory preamble and four chapters consisting of 35 articles dealing with: the principal objectives, definitions and scope of application; the various obligations (general provisions, legislation, responsibility and regulation, general safety considerations taking into account: the financial and human resources, the human factors, the quality assurance, the assessment and verification of safety, the radiation protection and the emergency preparedness; the safety of installations: sitting, design and construction, operation); the periodic meetings of the contracting parties to review national reports on the measures taken to implement each of the obligations, and the final clauses and other judicial provisions common to international agreements. (J.S.). 1 append

  14. Guidelines regarding National Reports under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2013-01-01

    These Guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention on Nuclear Safety (hereinafter called the Convention), are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material that may be useful to include in the National Reports required under Article 5 of the Convention and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention.

  15. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  16. Stakeholder involvement in international conventions governing civil nuclear activities

    International Nuclear Information System (INIS)

    Emmerechts, Sam

    2017-01-01

    Mr Emmerechts explained that international conventions have varying positions on stakeholders and their involvement depending upon the intent of the legislator and the field they cover, ranging from a narrow to a broad interpretation. He addressed stakeholder involvement in two other international conventions governing civil nuclear activities, namely the Convention on Nuclear Safety, and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (the Joint Convention), both concluded under the auspices of the International Atomic Energy Agency (IAEA). He noted that the Convention on Nuclear Safety remains a 'traditional' international legal instrument, focusing on governments and governmental bodies as the main stakeholders and limiting obligations regarding the involvement of the public and intergovernmental organisations to their receiving information and observing. Likewise, the Joint Convention limits obligations regarding public involvement to access to information, notably as to the siting of proposed facilities. However, he noted that in the European Union, the Directive on Nuclear Safety (2014/87/Euratom) and the Directive for the Safe Management of Spent Fuel and Radioactive Waste (2011/70/Euratom) have more advanced public participation requirements in nuclear decision making. Mr Emmerechts explained that the substantial differences between nuclear legislation and the Aarhus and Espoo Conventions with regards to public involvement requirements could partly be explained by the technicality of nuclear information and by issues related to nuclear security

  17. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  18. The ERICAM model: a proposal for amelioration of nuclear liability by funding on the capital markets

    International Nuclear Information System (INIS)

    Tyran, J.R.

    1995-01-01

    The ERICAM model (Environmental Risk Internalization through Capital Markets) includes the capital markets as a source contributing to the coverage of risks due to nuclear activites, thus enhancing the effectiveness and functions of the nuclear liability law. The model proposed will allow higher amounts for compensation and will increase financial security, flow of information, and efficient use of resources. The implementation of the model can be achieved on the financing side by issuing Nuke bonds, linking accident-specific options to government bonds. This will essentially increase the risk coverage compared to present means, and will be a pin-pointed addition to the existing layer system. There are three institutions proposed to act as mediators in the implementation of the model: A government authority to supervise the trade in Nuke bonds. Risk-bearing associations in oder to enhance the model's efficiency, and to reduce transaction costs. Rating agencies that will reduce the expenditure for information. (orig./HP) [de

  19. Questions raised by the concept of nuclear damage in the ambit of the nuclear Conventions with particular regard to the German viewpoint

    International Nuclear Information System (INIS)

    Steinkemper, H.

    1985-01-01

    An important consequence of the amendment of the Paris Convention and the Brussels Supplementary Convention by the Protocols of 16 November 1982 is the replacement of the European Monetary Agreement unit of account by the International Monetary Fund's Special Drawing Right. The increase by a factor of 2.5 of the maximum amounts under the Brussels Convention is also an essential aspect of the revision. The question of damage covered by the nuclear third party liability regime was not affected by the 1982 amendments. This is why the author considers it appropriate to examine in further detail a number of important questions in this field. The paper deals with the following aspects: the scope and limits of the concept of nuclear damage; the right to be indemnified for disamenities and costs arising from evacuation and prevention measures; and the problem of the nuclear link of causality for damage likely to be attributed also to non-nuclear causes. (NEA) [fr

  20. Are nuclear ships environmentally safer than conventionally powered ships

    International Nuclear Information System (INIS)

    Bone, C.A.; Molgaard, C.A.; Helmkamp, J.C.; Golbeck, A.L.

    1988-01-01

    An epidemiologic analysis was conducted to determine if risk of hospitalization varied by age, ship type, or occupation between nuclear and conventional powered ship crews in the U.S. Navy. Study cohorts consisted of all male enlisted personnel who served exclusively aboard conventional or nuclear powered aircraft carriers and cruisers during the years 1975-1979; cases were those men hospitalized during this period (N = 48,242). Conventional ship personnel showed significantly elevated rates of injury and disease when compared to nuclear ship personnel. The largest relative risks by age occurred for conventional ship crewmen less than 30 years old. Seaman, logistics (supply), and healthcare personnel serving aboard conventional ships comprised the occupational groups exhibiting the highest hospitalization rate differentials. The results strongly suggest that nuclear ships provide a healthier, safer working and living environment than conventional ships

  1. Royal Order of 13 May 1980 fixing the maximum amount of liability of the operator for damage caused by a nuclear incident

    International Nuclear Information System (INIS)

    1980-01-01

    The purpose of this Order is to raise the maximum liability of the nuclear operator to one milliard Belgium francs per nuclear incident. This measure was taken with a view to keeping the operator's maximum liability at least at a constant value. (NEA) [fr

  2. IAEA Director General welcomes landmark convention to combat nuclear terrorism

    International Nuclear Information System (INIS)

    2005-01-01

    Full text: IAEA Director General Mohamed ElBaradei welcomed the adoption of an International convention against nuclear terrorism. 'This is a landmark achievement which will bolster global efforts to combat nuclear terrorism,' Dr. ElBaradei said. 'It will be a key part of international efforts to prevent terrorists from gaining access to nuclear weapons'. The United Nations General Assembly adopted the convention, The International Convention for the Suppression of Acts of Nuclear Terrorism, on 13 April 2005. The Convention strengthens the global legal framework to counter terrorist threats. Based on a proposal by the Russian Federation in 1998, the Convention focuses on criminal offences related to nuclear terrorism and covers a broad range of possible targets, including nuclear reactors as well as nuclear material and radioactive substances. Under its provisions, alleged offenders - for example any individual or group that unlawfully and intentionally possesses or uses radioactive material with the intent to cause harm - must be either extradited or prosecuted. States are also encouraged to cooperate with each other in connection with criminal investigations and extradition proceedings. The Convention further requires that any seized nuclear or radiological material be held in accordance with IAEA safeguards, and handled in keeping with the IAEA's health, safety and physical protection standards. Dr. ElBaradei also recalled that the Agency is in the process of amending the Convention on the Physical Protection of Nuclear Material, in order to broaden its scope, and in so doing, strengthen the current legal framework for securing nuclear material against illicit uses. A conference will be held from 4 to 8 July in Vienna to consider and adopt the amendments. The Convention opens for signature in September this year. Dr ElBaradei urged all States to 'sign and ratify the Convention without delay so nuclear terrorism will have no chance'. (IAEA)

  3. Division of nuclear liabilities between different license holders and owners - 59214

    International Nuclear Information System (INIS)

    Lindskog, Staffan; Sjoeblom, Rolf

    2012-01-01

    Sweden was one of the first six countries to build and operate a nuclear power reactor. Thus, there exists a corresponding legacy in terms of liabilities for decommissioning and waste management of the historic facilities. Compliance with the Polluter Pays Principle (PPP) and its corollary on equity between generations implies that plans for decommissioning must be made and funds set aside for its execution. The need for precision in the cost estimates often governs the timing of the technical planning. Cost estimates are treacherous since cost raisers may be identified and evaluated only after considerable efforts have been made. Further complications and challenges arise as a result of changes that take place between construction and decommissioning of facilities in terms of the entities involved as owners, operators, license holders, Authorities and financiers. From this perspective, the present paper summarizes the general legislation as well as the legislation that applies particularly to nuclear activities. It also summarizes the relation between the nuclear decommissioning fund system and financial reporting. Three examples are provided that wholly or partially fall under the Studsvik act (that specifically covers old facilities): - The Aagesta nuclear power plant; - The Ranstad uranium mining and beneficiation facility; - The Neutron Research Laboratory at Studsvik; The findings include the following: - It is important that the legislation be clear as to what is included and not. - The rationale for the legislation should also be clear and well communicated. - Old agreements can be significant for the assessment of liabilities, even in cases where a party may no longer exist. - Support for assessment of when activities are continuing or not (which may have a strong significance for the liability) can be found in court cases on chemically contaminated soil. - Analysis of facilities and the work carried out at different times can be very helpful in

  4. National Assembly report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage; Rapport fait au nom de la Commission des Affaires Etrangeres sur le Projet de Loi n.1792, autorisant l'adhesion a la convention internationale de 2001 sur la responsabilite civile pour les dommages dus a la pollution par les hydrocarbures de soute

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    This report first gives an overview of the progressive implementation of measures and international convention to prevent pollution by ships: the Oilpol convention (Convention for the Prevention of Pollution of the Sea by Oil), the Marpol convention (Marine Pollution), and the different international conventions on liability and compensation (International Convention on Civil Liability for Oil Pollution, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, convention on other damages). It also describes the French system to struggle against marine pollution. Then, it presents the main arrangements of the 2001 Convention (liability, mandatory insurance and certificate, and so on), expresses some reserves on the chosen arrangement, and comments the impact of this convention

  5. Conventional and nuclear energy conversionenvironmental impacts

    Energy Technology Data Exchange (ETDEWEB)

    Schikarski, W

    1978-11-01

    Nuclear power plants and reprocessing plants add, on the average, only 1% to natural radiation levels. Levels of atmospheric pollution caused by coal-fired power plants are compared with those made by nuclear plants. Three means of comparison are performed: calculations of relative pollutant levels, which results in a ratio of 1:100 in favor of nuclear power; calculations of the volume of pure air necessary to dilute the pollutant to applicable limit levels, which produce a ratio of 1:1000 in favor of nuclear; and ratio of pollutant levels to natural background levels, which shows that coal plants roughly double the natural carbon dioxide level while nuclear plants contribute only a few percent to the natural background radiation level. (in German) (5 diagrams, 17 references, 13 tables)

  6. The Nuclear Safety Convention - does it confirm existing German law, and update international law?

    International Nuclear Information System (INIS)

    Lindemann, C.

    1995-01-01

    Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

  7. National report of Brazil on nuclear safety convention - introduction

    International Nuclear Information System (INIS)

    1998-01-01

    This document was prepared for fulfilling the Brazilian obligations under the Convention on Nuclear Safety. Chapter 1 presents some historical aspects of the Brazilian nuclear policy, targets to be attained for increasing the nuclear energy contribution for the national production of electric energy

  8. The convention on the physical protection of nuclear material

    International Nuclear Information System (INIS)

    1980-05-01

    This document contains the full text of a convention to facilitate the safe transfer of nuclear material, and to insure the physical protection of nuclear material in domestic use, storage, and transport. Two annexes are included, which establish categories of nuclear materials and levels of physical protection to be applied in international transport

  9. Guidelines regarding National Reports under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2011-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention on Nuclear Safety (hereinafter called the Convention), are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material that it may be useful to include in the National Reports required under Article 5 and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention [es

  10. Guidelines regarding National Reports under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2011-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention on Nuclear Safety (hereinafter called the Convention), are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material that it may be useful to include in the National Reports required under Article 5 and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention

  11. Ordinance of 30 November 1981 on cover for civil liability resulting from nuclear power plant operation - RS 732.44

    International Nuclear Information System (INIS)

    1981-01-01

    Until the end of 1981, the amount of insurance for third party liability resulting from operating a nuclear electricity generating plant was limited to 200 million Swiss francs. This ordinance provides that, as from 1 january 1982, this amount is raised to 300 million Swiss francs. (NEA) [fr

  12. A study on the establishment of national nuclear foreign policy -with reference to the strategy on the NPT extension and analysis of nuclear liability-

    International Nuclear Information System (INIS)

    Oh, Keun Bae; Choi, Yeong Myeong; Ham, Chol Hoon; Lee, Kwang Seok; Lee, Byeong Uk; Lee, Jae Seong; Choi, Yeong Rok; Ko, Han Seok

    1994-01-01

    The overall objectives of this study are to analyze the international nuclear export control system and the international non-proliferation circumstance, to establish national strategies for the NPT extension, to suggest revisions of the IAEA Statute Article VI giving Korea permanent membership on the IAEA board of Governors, and to analyze and establish counter measurements for nuclear liability in verious fields. (Author)

  13. Transposition into swiss law of the Paris convention and the Brussels supplementary convention, as amended

    International Nuclear Information System (INIS)

    Tami, R.; Daina, S.

    2004-01-01

    Apart from the considerable increase in the amounts of cover, two basic factors lie behind the Swiss government decision to propose shortly to parliament a draft revised L.R.C.N.(federal act on nuclear third party liability). These are, firstly, that the revised Paris/Brussels system still incorporates the principle of the limited liability of the operator of a nuclear installation but now contains a minimum liability amount (liability threshold) and no longer a maximum amount (liability ceiling), and secondly, that the States parties are allowed to provide in their national legislation for the unlimited liability of operators. One of the aims of ratifying the revised conventions is to enable most victims to obtain fair compensation on an egalitarian basis for damage caused by a nuclear incident, and also to join an international system for compensating nuclear damage based on solidarity between states, most of them nuclear. (N.C.)

  14. Risks and nuclear insurance

    International Nuclear Information System (INIS)

    Debaets, M.; Springett, G.D.; Luotonen, K.; Virole, J.

    1988-01-01

    When analysing the nuclear insurance market, three elements must be taken into account: the nuclear operator's liability is regulated by national laws and/or international Conventions, such operators pay large premiums to insure their nuclear installations against property damage and finally, the nuclear insurance market is made up of pools and is mainly a monopoly. This report describes the different types of insurance coverage, the system governing nuclear third party liability under the Paris Convention and the Brussels Supplementary Convention and several national laws in that field. The last part of the report deals with liability and insurance aspects of international transport of nuclear materials [fr

  15. National report of Brazil: nuclear safety convention - September 1998

    International Nuclear Information System (INIS)

    1998-09-01

    This National Report was prepared by a group composed of representatives of the various Brazilian organizations with responsibilities in the field of nuclear safety, aiming the fulfilling the Convention of Nuclear Energy obligations. The Report contains a description of the Brazilian policy and programme on the safety of nuclear installations, and an article by article description of the measures Brazil is undertaking in order to implement the obligations described in the Convention. The last chapter describes plans and future activities to further enhance the safety of nuclear installations in Brazil

  16. National report of Brazil: nuclear safety convention - September 1998

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-09-01

    This National Report was prepared by a group composed of representatives of the various Brazilian organizations with responsibilities in the field of nuclear safety, aiming the fulfilling the Convention of Nuclear Energy obligations. The Report contains a description of the Brazilian policy and programme on the safety of nuclear installations, and an article by article description of the measures Brazil is undertaking in order to implement the obligations described in the Convention. The last chapter describes plans and future activities to further enhance the safety of nuclear installations in Brazil.

  17. The House of Commons of Canada, Bill C-249: An act to amend the nuclear liability act

    International Nuclear Information System (INIS)

    1996-01-01

    The purpose of this bill is to increase the maximum level of liability for which a private sector nuclear facility operator may be required to have insurance coverage from 75 million dollars to 500 million dollars. If the Governor in Council is of the opinion that liability could exceed the insured amount and a Commission created under Part II of the Act orders that further compensation should be made. At present, the Crown may make such payments but is not required to do so

  18. The effectiveness and development trend of nuclear third party liability insurance in the nuclear risk management

    International Nuclear Information System (INIS)

    Wang Pei

    2010-01-01

    Nuclear power considerably benefited mankind since it was utilized peaceably. The cleanness, safety and high efficiency of nuclear power were gradually known and recognized by the public. However at the same time, nuclear power had produced significant accident and consequently caused severe aftereffects during its utilization. Therefore, effective management of nuclear risk and reducing its accident probability are the social responsibilities of every nuclear nation. From the insurance point of view, this document analyzes the validity and development trends of nuclear third party insurance in nuclear risk management. It also introduces effectual experience in this field from nuclear insurance developed countries. This document discusses the necessity of consummating nuclear third party insurance under the aggressive development situation of nuclear power in our country. (author)

  19. Convention on nuclear safety. Rules of procedure and financial rules

    International Nuclear Information System (INIS)

    1999-01-01

    The document is the first revision of the Rules of Procedures and Financial Rules that apply mutatis mutandis to any meetings of the Contracting Parties to the Convention on Nuclear Safety (INFCIRC/573), convened in accordance with the Chapter 3 of the Convention

  20. Convention on nuclear safety. Rules of procedure and financial rules

    International Nuclear Information System (INIS)

    1998-01-01

    The document presents the Rules of Procedure and Financial Rules that apply mutatis mutandis to any meeting of the Contracting Parties to the Convention on Nuclear Safety (INFCIRC/449) convened in accordance with Chapter 3 of the Convention. It includes four parts: General provisions, Preparatory process for review meetings, Review meetings, and Amendment and interpretation of rules

  1. Convention on Nuclear Safety. Rules of procedure and financial rules

    International Nuclear Information System (INIS)

    2002-01-01

    The document is the second revision of the Rules of Procedures and Financial Rules that apply mutatis mutandis to any meetings of the Contracting Parties to the Convention on Nuclear Safety (INFCIRC/573), convened in accordance with the Chapter 3 of the Convention

  2. Similarities and differences between conventional power and nuclear power

    International Nuclear Information System (INIS)

    Wang Yingrong

    2011-01-01

    As the implementation of the national guideline of 'proactively promoting nuclear power development', especially after China decided in 2006 to introduce Westinghouse's AP1000 technology, some of the power groups specialized in conventional power generation, have been participating in the preliminary work and construction of nuclear power projects in certain degrees. Meanwhile, such traditional nuclear power corporations as China National Nuclear Corporation (CNNC) and China Guangdong Nuclear Power Corporation (CGNPC) have also employed some employees with conventional power generation experience. How can these employees who have long been engaged in conventional power generation successfully adapt to the new work pattern, ideology, knowledge, thinking mode and proficiency of nuclear power, so that they can fit in with the work requirements of nuclear power and become qualified as soon as possible? By analyzing the technological, managerial and cultural features of nuclear power, as well as some issues to be kept in mind when engaged in nuclear power, this paper intends to make some contribution to the nuclear power development in the specific period. (author)

  3. Second Meeting for Evaluation of the Nuclear Safety Convention

    International Nuclear Information System (INIS)

    2002-01-01

    This report presents the results of the Second Meeting for Evaluation of the Nuclear Safety Convention. the CSN. as the only competent Government organism on nuclear safety, represented Spain in the preparation of the national report and at the Review Meeting, acquiring a set of obligations for the next three years, until the holding of third meeting. (Author)

  4. Rules specific to nuclear incidence occurring in installations or during transport of nuclear substances

    International Nuclear Information System (INIS)

    Rocamora, P.

    1976-01-01

    International nuclear third party liability conventions deal in depth with the liability system governing the transport of nuclear substances. Without appropriate legislation, international transport would be likely to meet very serious legal difficulties. The rule of nuclear conventions apply the same system to transport as to nuclear installations and mainly enable a determination of the operator liable. They also allow the person responsible for transport to assume liability therefor in place of the operator who whould normally have been liable. These nuclear conventions do not affect application of international transport conventions and this provision has been the cause of serious difficulties regarding maritime transport. This resulted in the adoption in 1971 in Brussels of a convention relating to civil liability in the field of maritime carriage of nuclear material. The purpose of this convention is to establish in the field of maritime transport, the priority of the system of absolute, exclusive and limited liability in the nuclear conventions. (NEA) [fr

  5. Provisions relating to Nuclear Energy. II - International Conventions

    International Nuclear Information System (INIS)

    This book published by the Portuguese Junta de Energia Nuclear (Nuclear Energy Commission) reproduces in Portuguese and in the original language (English or French), texts of a series of international conventions in the nuclear field and the Statutes of international nuclear organisations and undertakings. The following are among the texts included: the Statutes of the IAEA, NEA, Eurochemic; the Euratom Treaty; the Tlatelolco Treaty; the co-operation agreement between Portugal and the United States on the peaceful uses of nuclear energy. (NEA) [fr

  6. Preliminary assessment on the differences of nuclear terrorism convention from the convention on the physical protection of nuclear material and amendment to the convention on the physical protection of nuclear material

    International Nuclear Information System (INIS)

    Midiana Ariethia; Muhamad Ilman A A; Mas Pungky Hendrawijaya

    2011-01-01

    The threat of acts of nuclear terrorism in all its forms and manifestations create the urgent need to enhance international cooperation between countries in designing and following practical and effective measures for the prevention of acts of terrorism and to counter and punish its offenders. Several United Nations Security Council Resolutions, such as UNSCR Number 1373 (2001), and UNSCR Number 1540 (2005), and the result of Nuclear Security Summit in 2010 that encourage the member countries of IAEA to ratify nuclear conventions as soon as possible, are the reasons that the Indonesian Government planning on ratifying The International Convention for The Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention). Nuclear Terrorism Convention is one of the 16 (sixteen) international instruments that must be ratified by the member countries of IAEA. Of the 16 (sixteen) international instruments, 3 (three) conventions are related to nuclear; Convention on the Physical Protection of Nuclear Material, Amendment to the Convention on the Physical Protection of Nuclear Material, dan Nuclear Terrorism Convention. This paper presents the preliminary assessment on the differences of Nuclear Terrorism Convention to The Convention on The Physical Protection of Nuclear Material and Amendment to The Convention on The Physical Protection of Nuclear Material. This assessment is important due to the plan of the Indonesian Government to ratify the Nuclear Terrorism Convention. The result of this assessment could be used by BAPETEN in the ratification process of the Nuclear Terrorism Convention. The method used in this assessment is references assessment. (author)

  7. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation

    International Nuclear Information System (INIS)

    Raffarin, J.P.; Villepin, D. de

    2002-01-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  8. The nuclear safety convention. Results for Argentine as contracting party

    International Nuclear Information System (INIS)

    Caruso, Gustavo

    2002-01-01

    A powerful mechanism for increasing safety worldwide is through the development and adoption of legally binding Safety Conventions. Since 1986 four Conventions were ratified in the areas of Nuclear, Radiation and Waste Safety. The Nuclear Safety Convention establishes an international co-operation mechanism to maintain safety nuclear installations, focused on: to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international co-operation including, where appropriate, safety-related technical co-operation; to establish and maintain effective defences in nuclear installations against potential radiological hazards in order to protect individuals, society and the environment from harmful effects of ionizing radiation from such installations and to prevent accidents with radiological consequences and to mitigate such consequences should they occur. Each contracting party shall take, within the framework of its national law, the legislative, regulatory and administrative measures and other steps necessary for implementing its obligations under this Convention. Moreover, each contracting parties shall submit for review prior to each review meeting, a National Report on the measures it has taken to implement each of the obligations of the Convention. The contracting parties concluded that the review process had proven to be of great value to their national nuclear safety programmes. (author)

  9. Remediation of the old environmental liabilities in the Nuclear Research Institute Rez. Situation at the end of 2008

    Energy Technology Data Exchange (ETDEWEB)

    Kovarik, Petr; Svoboda, Karel; Podlaha, Josef [Nuclear Research Institute Rez (Czech Republic)

    2010-10-15

    The Nuclear Research Institute Rez (NRI) has been a leading institution in the area of R and D (Research and Development) in the Czech Republic. The NRI has had a dominant position in the nuclear programme of the former Czechoslovakia since it was established in 1955. In December 1992 the NRI has been transformed into a joint-stock company. The Institute's activity encompasses nuclear physics, radiochemistry, experiments at the research reactor and many other topics. Main issues addressed in the NRI in the past decades were concentrated on research, development and services provided to the VVER reactors, development of chemical technologies for fuel cycle and irradiation services. Currently, the research activities are mainly targeted to assist the State Office for Nuclear Safety. Significant attention is also paid to the use of nuclear technology outside the nuclear power sector, providing a wide range of services to industry, medicine and the preparation of radiopharmaceuticals. NRI operates 2 research nuclear reactors, hot cell facility, research laboratories, and technology for radioactive waste management, radionuclide irradiators, an electron accelerator and others. After 50 years of activities in the nuclear field, there have been many environmental liabilities that are being remedied in the NRI. There are 3 areas of these remediation activities: - decommissioning of old obsolete facilities, - processing of RAW resulting from operation and dismantling of nuclear facilities, and - elimination of spent fuel from research nuclear reactors. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and should be finished in 2014. (orig.)

  10. Sixth national report of Brazil for the nuclear safety convention

    International Nuclear Information System (INIS)

    2013-01-01

    Brazil has presented periodically its National Report prepared by a group composed of representatives of the various Brazilian organizations with responsibilities related to nuclear safety. Due to the implications of the Fukushima nuclear accident in 2011, an Extraordinary National Report was presented in 2012. This Sixth National Report is an update of the Fifth National Report in relation to the Convention on Nuclear Safety articles and also an update of the Extraordinary Report with respect to the action taken related to lesson learned from the Fukushima accident. It includes relevant information for the period of 2010/2012. This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  11. Sixth national report of Brazil for the nuclear safety convention

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2013-07-01

    Brazil has presented periodically its National Report prepared by a group composed of representatives of the various Brazilian organizations with responsibilities related to nuclear safety. Due to the implications of the Fukushima nuclear accident in 2011, an Extraordinary National Report was presented in 2012. This Sixth National Report is an update of the Fifth National Report in relation to the Convention on Nuclear Safety articles and also an update of the Extraordinary Report with respect to the action taken related to lesson learned from the Fukushima accident. It includes relevant information for the period of 2010/2012. This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations.

  12. Nuclear Liability and Insurance of Nuclear Damage in the Czech republic

    International Nuclear Information System (INIS)

    Zaruba, P.

    1998-01-01

    The paper gives a short introduction to the past and present situation of operation and construction of nuclear power plants in the Czech Republic, including some basic technical data and background information. It then continues in providing up to date information on the Czech nuclear legislation and consideration of various questions and problems in the light of the respective legal clauses (e.g. minimum insurance requirements, treatment of small reactors and small quantities of nuclear material, state guarantees etc.). The paper gives more detailed information about practical application of the insurance clauses of the Atomic Act, including some time related questions. A considerable part of the paper is dedicated to the past history and present functions and activities of the Czech Nuclear Insurance Pool which was officially founded in 1995 and is without doubt one of the most active and successful national nuclear insurance pools of the former East European countries. (author)

  13. Fifth national report of Brazil for the nuclear safety convention

    International Nuclear Information System (INIS)

    2010-01-01

    This Fifth National Report is a new update to include relevant information for the period of 2007/2009. This document represents the national report prepared as a fulfillment of the Brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  14. Convention on the physical protection of nuclear material

    International Nuclear Information System (INIS)

    1982-01-01

    The document presents the original draft for a Convention on the Physical Protection of Nuclear Material, full reports of all the discussions held by representatives of Member States at meetings called by the IAEA, texts of written comments provided by Member States and the final agreed text of the Convention, list of original signatory States and status of the list of signatory States at the date of publication

  15. International convention for the suppression of acts of nuclear terrorism

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2005-01-01

    The Preamble, composed of 13 paragraphs and drafted in the usual style of a General Assembly resolution, is aimed at placing the convention in a number of relevant contexts. First, the convention is linked to the issue of the maintenance of international peace and security through a reference to the purposes of the United Nations under Article 1 of the Charter. Next, it is presented as being a further step in the decisions, measures and instruments developed by the United Nations over the past ten years with the common objective of eliminating international terrorism in all its forms. Lastly, the convention is placed in its specific nuclear context through a number of references. In its third paragraph, the Preamble contains a reference to the principle recognizing 'the right of all states to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy'. This paragraph is identical to the first paragraph of the Preamble of the CPPNM, and the same principle is stated again in the first paragraph of the Preamble of the Amendment to the CPPNM, and constitutes a kind of general statement in favour of the peaceful use of nuclear energy and technology, without explicit reservations concerning non-proliferation, the safety and security of nuclear facilities or the management of radioactive waste. A draft amendment presented by the United States delegation in the final phase of work that suggested adding the phrase 'while recognizing that the goals of peaceful utilisation should not be used as a cover for proliferation' to the sentence cited above, was apparently not retained. Next, the Preamble mentions the 1980 Convention on the Physical Protection of Nuclear Material, and in the tenth paragraph the threat that 'acts of nuclear terrorism may result in the gravest consequences and may pose a threat to international peace and security'. Paragraph 11 of the

  16. How nuclear liability practices have been implemented in US. US nuclear claims experience

    International Nuclear Information System (INIS)

    Bardes, C.R.

    2000-01-01

    Three Mile Island has been only major nuclear incident in US involving a power plant that resulted in payments to public. In addition to Three Mile Island, there have been only 3 lawsuits by members of the public against nuclear power plant operators; these alleged bodily injury and property damage resulting from normal operations. Of 202 claims handled by ANI, 161 involved individual nuclear facilities workers. Costs of the worker claims (through 1998) was US $1.5 million for indemnity (losses) and US$35.9 million for legal defense costs. By far, 1979 TMI accident produced largest number of third-party claims. ANI's emergency claims handling procedure for large nuclear accident tested and proved itself at Three Mile Island

  17. Ministerial Decree of 3 March 1978 approving the general conditions of the third party liability insurance policy for operators of nuclear installations and the general conditions of insurance policies for third party liability for transport of nuclear materials

    International Nuclear Information System (INIS)

    1978-01-01

    This Decree by the Ministry for Industry, Commerce and Crafts and the Ministry for transport of Italy was made in implementation of Section 2 of the Decree No. 519 by the president of the Republic of 2 May 1975 amending Section 15 to 24 of Act No. 1860 of 31 December 1962 on the Peaceful Uses of Nuclear Energy. This present Decree approves the general conditions of third party liability insurance policies for operators of nuclear installations and for transport of radioactive materials. (NEA) [fr

  18. Harmonization of the Romanian legislation in the field of civil liability for nuclear damages with the international legislation in the field

    International Nuclear Information System (INIS)

    Chiripus, Vlad

    2005-01-01

    The paper is an overview of the Romanian legal provisions in the filed of civil liability for nuclear damages in the last three decades introducing the concept and the evolution of its legal regime towards a total harmonization with the European legislation. Its modernity even from (and in spite of) its communist beginnings in 1947 (Law no. 61 regarding the deployment of nuclear activities in the Romanian Socialist Republic) is emphasized. It focuses on the key laws - Law no. 703/2001 on civil liability for nuclear damages, and Government Decision no. 894/2003 for the approval of the Norms for enforcement of Law no. 703/2001- that currently define the Romanian regime for civil liability for nuclear damages. This encompasses the relevant responsibilities of nuclear operators, the Romanian nuclear damage compensation system, statute of limitation for claims, types of insurance and financial guarantees. These refer civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage. This makes Romania - in terms of legislation - one of the most advanced countries in the field. (author)

  19. Convention on the physical protection of nuclear material

    International Nuclear Information System (INIS)

    1991-09-01

    The document refers to the Convention on the Physical Protection of Nuclear Material (IAEA-INFCIRC-274). Part I contains the status list as of September 6, 1991; Part II contains the texts of reservations/declarations made upon expressing consent to be bound; Part III contains the texts of reservations/declarations made upon signature

  20. National nuclear safety report 2005. Convention on nuclear safety

    International Nuclear Information System (INIS)

    2006-01-01

    This National Nuclear Safety Report was presented at the 3rd. Review meeting. In general the information contained in the report are: Highlights / Themes; Follow-up from 2nd. Review meeting; Challenges, achievements and good practices; Planned measures to improve safety; Updates to National report to 3rd. Review meeting; Questions from peer review of National Report; and Conclusions

  1. Dismantlement and destruction of chemical, nuclear and conventional weapons

    International Nuclear Information System (INIS)

    Schulte, N.T.

    1997-01-01

    The safe destruction and dismantling of chemical, nuclear and conventional weapons is of fundamental importance to the security of all countries represented in this volume. Expertise in the field is not confined to one country or organisation: all can benefit from each other. There is an ever present danger of proliferation of weapons of mass destruction: approximately two dozen countries have ongoing programmes to develop or acquire such weapons, and many are also gaining the capability to build air-surface delivery systems. But much can be done to prevent proliferation by reducing leakage of materials and know-how and by solving the problems of the destruction of surplus weapons systems, which has now come to be a key issue. In 13 sessions of the workshop attention was paid to (1) Dismantlement and Destruction of Chemical, Nuclear and Conventional Weapons; (2) Status of Implementation of Arms Control Treaties and Voluntary Commitments; (3) National Perspectives on Cooperation in Disarmament; (4) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Chemical Weapons; (5) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Nuclear Weapons; (6) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Conventional Weapons. Session; (7) Experience with Currently Employed Chemical Destruction Technologies; (8) Alternative Chemical Destruction Technologies; (9) Deactivation, Dismantlement and Destruction of Delivery Systems and Infrastructure for Nuclear Weapons; (10) Storage, Safeguarding and Disposition of Fissile Materials; (11) Technologies for Conversion and Civil Use of Demilitarized Materials; (12) International Organizations; and (13) Environmental Challenges Posed by Chemical and Nuclear Disarmament

  2. Ministerial Decision No. 512/78 of 22 June 1978 on a Certificate under Section 40 of the Nuclear Liability Act

    International Nuclear Information System (INIS)

    1978-01-01

    Decision No. 512/78 of the Ministry of Trade and Industry was made by virtue of Section 40 of the Nuclear Liability Act of 8 June 1972. The certificate of financial security for the transport of nuclear substances complies very closely with the model certificate elaborated by the OECD Nuclear Energy Agency Steering Committee. (NEA) [fr

  3. Treaty implementation applied to conventions on nuclear safety

    International Nuclear Information System (INIS)

    Montjoie, Michel

    2015-01-01

    Given that safety is the number one priority for the nuclear industry, it would seem normal that procedures exist to ensure the effective implementation of the provisions of the conventions on nuclear safety, as already exist for numerous international treaties. Unfortunately, these procedures are either weak or even nonexistent. Therefore, consideration must be given to whether this weakness represents a genuine deficiency in ensuring the main objective of these conventions, which is to achieve a high level of nuclear safety worldwide. But, before one can even address that issue, a prior question must be answered: does the specific nature of the international legal framework on nuclear safety automatically result in a lack of non-compliance procedures in international conventions on the subject? If so, the lack of procedures is justified, despite the drawbacks. The specific nature of the international law on nuclear safety, which in 1994 shaped the content of the CNS by notably not 'allowing' (even today) the incorporation of precise international rules have been taken into account. The next step is to examine whether the absence of non-compliance procedures (which could have been integrated into the text) is a hindrance in ensuring the objectives of the conventions on nuclear safety, and to examine the procedures that could have been used, based on existing provisions in other areas of international law (environmental law, financial law, disarmament law, human rights, etc.). International environmental law will be the main source of this study, as it has certain similarities with the international law on nuclear safety due to the sometimes vague nature of its obligations and irrespective of the fact that one of the purposes of nuclear safety is in particular to protect the environment from radiological hazards. Indeed, the provisions of the law on nuclear safety are mainly technical and designed to guarantee the normal operation of nuclear facilities

  4. International Law governing the Safe and Peaceful Uses of Nuclear Energy

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2002-01-01

    1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

  5. Long-term management of radioactive waste - will the Price-Anderson system work for third party liability issues arising from the Nuclear Waste Policy Act of 1982

    International Nuclear Information System (INIS)

    Kuznick, S.K.

    1985-01-01

    Two pieces of legislation have been enacted in the United States to provide a framework for the management of radioactive waste and spent nuclear fuel: the Low-level Radioactive Waste Policy Act (1980) and the Nuclear Waste Policy Act of 1982. Neither of these statutes provide a means for resolving third party liability issues arising out of radioactive waste management. However, the Price Anderson Act (originally enacted in 1957) provides a system of financial protection that can be applied to waste management activities and that can resolve most issues pertaining to liability for nuclear damage that may result from long-term management of radioactive waste and spent nuclear fuel. (NEA) [fr

  6. Nuclear Installations Act 1969

    International Nuclear Information System (INIS)

    1969-01-01

    The purpose of this Act is to amend the Nuclear Installations Act 1965 to bring it into full compliance with the international conventions on nuclear third party liability to which the United Kingdom is a Signatory, namely, the Paris Convention, the Brussels Supplementary Convention and the Vienna Convention. (NEA) [fr

  7. Convention on nuclear safety. Questions posted to Switzerland in 2008

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    Switzerland signed the Convention on Nuclear Safety (CNS) on 31 October 1995. It ratified the Convention on 12 September 1996, which came into force on 11 December 1996. In accordance with Article 5 of the Convention, Switzerland has prepared and submitted 4 country reports for Review Meetings of Contracting Parties organised in 1999, 2002, 2005 and 2006. These meetings at the IAEA headquarters in Vienna were attended by a Swiss delegation. Most of the requirements of the articles of the Convention were already standard practice in Switzerland. In the last years, all Swiss nuclear power plants (NPPs) as well as the Swiss Federal Nuclear Safety Inspectorate (HSK) built up documented quality management systems. The independence of HSK from licensing authorities is fulfilled on a technical level. In 2005, a new Nuclear Energy Act came into force requiring formal independence of the supervisory authorities from the licensing authorities. A separate act to legally settle the Inspectorate's fully independent status was adopted by Parliament. HSK participates in international co-operation and is represented in numerous nuclear safety working groups in order to ensure the exchange of scientific, technical and regulatory know-how. The regulatory processes applied to the licensing and safety surveillance of nuclear installations and their operation are up to date with the current state of science and technology. Deterministic and probabilistic safety evaluations guide and prioritise inspections and provide the basis for a graded approach to safety review and assessment. The surveillance of the NPPs' operating, control and safety systems, their component performance and integrity, their organisational and human aspects as well as the management, conditioning and interim storage of radioactive waste are permanent features of the supervisory authority's activities. Within the frame of a new integrated oversight process there is an annual systematic assessment of

  8. Convention on nuclear safety. Questions posted to Switzerland in 2008

    International Nuclear Information System (INIS)

    2008-01-01

    Switzerland signed the Convention on Nuclear Safety (CNS) on 31 October 1995. It ratified the Convention on 12 September 1996, which came into force on 11 December 1996. In accordance with Article 5 of the Convention, Switzerland has prepared and submitted 4 country reports for Review Meetings of Contracting Parties organised in 1999, 2002, 2005 and 2006. These meetings at the IAEA headquarters in Vienna were attended by a Swiss delegation. Most of the requirements of the articles of the Convention were already standard practice in Switzerland. In the last years, all Swiss nuclear power plants (NPPs) as well as the Swiss Federal Nuclear Safety Inspectorate (HSK) built up documented quality management systems. The independence of HSK from licensing authorities is fulfilled on a technical level. In 2005, a new Nuclear Energy Act came into force requiring formal independence of the supervisory authorities from the licensing authorities. A separate act to legally settle the Inspectorate's fully independent status was adopted by Parliament. HSK participates in international co-operation and is represented in numerous nuclear safety working groups in order to ensure the exchange of scientific, technical and regulatory know-how. The regulatory processes applied to the licensing and safety surveillance of nuclear installations and their operation are up to date with the current state of science and technology. Deterministic and probabilistic safety evaluations guide and prioritise inspections and provide the basis for a graded approach to safety review and assessment. The surveillance of the NPPs' operating, control and safety systems, their component performance and integrity, their organisational and human aspects as well as the management, conditioning and interim storage of radioactive waste are permanent features of the supervisory authority's activities. Within the frame of a new integrated oversight process there is an annual systematic assessment of nuclear safety

  9. Planning, design and technological criteria of conventional and nuclear shelters

    International Nuclear Information System (INIS)

    Sadoon, A.S.

    1989-01-01

    The thesis aims to establish a special criteria for building the shelters in two types. The conventional and nuclear, in respect to planning design and technological aspects, and finally establishing a special reference of planning, design and technology for Iraq which can be used when planning or designing a conventional or nuclear shelter. The thesis included four chapters, the first chapter included definition of shelters, and explanation of the effects of all types of weapons on buildings, and the second chapter included definition of planning and design concepts of shelters in its two types and analytical studies for international examples. The third chapter covered definition for technologies of structural, mechanical, electrical and sanitary systems. The fourth chapter included details of a case study in order to approach the results of research which included the conclusions, recommendations, criteria and prospects of planning design and technological aspects. 51 tabs.; 180 figs.; 32 refs.; 15 apps

  10. Quality assurance grading of conventional equipment at nuclear power station

    International Nuclear Information System (INIS)

    Li Ping; Li Shichang

    2006-01-01

    Equipment QA grading with the systematic and standardized approach will benefit the concerned organizations by effective allocating of limited resources to guarantee the quality of essential equipment. This paper presents a new quality assurance grading system for the convention systems/equipment of nuclear power station, which is operative and at the same time could help the owner to allot resource reasonably through the analysis of the purpose of grading and the experience and lessons of LINGAO Phase I project. (authors)

  11. Convention on the physical protection of nuclear materials

    International Nuclear Information System (INIS)

    1997-01-01

    The document refers to the Convention on the Physical Protection of Nuclear Material (IAEA-INFCIRC-274), including in Part I the status list of signature, ratification, acceptance, approval, accession or succession by States or organizations as of 31 December 1996, in Part II the texts of reservations/declarations made upon or following expressing consent to be bound, and in Part III the texts of reservations/declarations made upon signature

  12. Convention on the physical protection of nuclear material

    International Nuclear Information System (INIS)

    1990-08-01

    The document refers to the Convention on the Physical Protection of Nuclear Material (INFCIRC/274). Part I contains reservations/declarations made upon or following signature and Part II contains reservations/declarations made upon or following deposit of instrument of consent to be bound. The status of signature, ratification, acceptance, approval or accession by States or organizations as of 31 July 1990 is presented in an attachment

  13. Conference on Techniques of Nuclear and Conventional Analysis and Applications

    International Nuclear Information System (INIS)

    2012-01-01

    Full text : With their wide scope, particularly in the areas of environment, geology, mining, industry and life sciences; analysis techniques are of great importance in research as fundamental and applied. The Conference on Techniques for Nuclear and Conventional Analysis and Applications (TANCA) are Registered in the national strategy of opening of the University and national research centers on their local, national and international levels. This conference aims to: Promoting nuclear and conventional analytical techniques; Contribute to the creation of synergy between the different players involved in these techniques include, Universities, Research Organizations, Regulatory Authorities, Economic Operators, NGOs and others; Inform and educate potential users of the performance of these techniques; Strengthen exchanges and links between researchers, industry and policy makers; Implement a program of inter-laboratory comparison between Moroccan one hand, and their foreign counterparts on the other; Contribute to the research training of doctoral students and postdoctoral scholars. Given the relevance and importance of the issues related to environment and impact on cultural heritage, this fourth edition of TANCA is devoted to the application of analytical techniques for conventional and nuclear Questions ied to environment and its impact on cultural heritage.

  14. Convention on Nuclear Safety. Second National Report, October 2001

    International Nuclear Information System (INIS)

    2001-01-01

    The present document is the second Spanish national report prepared in order to comply with the obligations deriving from the convention on Nuclear Safety, made in Vienna on 20th September 1994. This convention was signed by Spain on 15th October 1994 and ratified by way of an instrument issued by the Ministry of Foreign Affairs, signed by H. M. the King on 19th June 1995. The convention, which entered into force on 24th October 1996, following ratification by a minimum number of countries, as set out in articles 20, 21 and 22 includes 51 countries and Euratom, in addition to Spain. The first review meeting, organised in accordance with chapter 3 of the Convention, was held in vienna in April 1999. Spain was represented by the CSN, the State organisation solely responsible for nuclear safety, both for the drawing up of the national report and for participation in the meeting held between the parties. In accordance with article 21, the second review meeting has been scheduled for April 2002, also in Vienna. At the review meeting, the countries party to the Convention review the national reports required by article 5, Spain submitted its first national report in September 1998. The present document is an update of that first report, and is to be submitted by 15th October 2001, as agreed on during the first review meeting. This report will be reviewed by the interested countries, which will forward their comments and questions. In April 2002, the Spanish report and the questions received will be subjected to the review process contemplated by the convention, along with the reports submitted by the other countries

  15. Reflections on drafting of civil liability clauses and solving of disputes in supply contracts throughout the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Virole, jean.

    1977-01-01

    The lengthy duration and diversity of the stages of the fuel cycle and the geographical distribution of the nuclear industries give the contracts for carrying out the different operations such flexibility that in order to settle disputes concerning notably but not exclusively liability, reference may be made to different legal systems according to whether the regulations of international public or private law can be applied. The options provided for co-contractors in view of the flexibility of the contracts lead to adoption of varying clauses for settling disputes according to the different industrial achievements envisaged. (NEA) [fr

  16. Nuclear and conventional baseload electricity generation cost experience

    International Nuclear Information System (INIS)

    1993-04-01

    The experienced costs of electricity generation by nuclear and conventional plants and the expected costs of future plants are important for evaluating the economic attractiveness of various power projects and for planning the expansion of electrical generating systems. The main objective of this report is to shed some light on recent cost experience, based on well authenticated information made available by the IAEA Member States participating in this study. Cost information was provided by Canada (Ontario Hydro), Czechoslovakia, Hungary, India, the Republic of Korea and Spain. Reference is also made to information received from Brazil, China, France, Russia and the United States of America. The part of the report that deals with cost experience is Section 2, where the costs of both nuclear and fossil fired plants are reviewed. Other sections give emphasis to the analysis of the major issues and relevant cost elements influencing the costs of nuclear power plants and to a discussion of cost projections. Many of the conclusions can also be applied to conventional plants, although they are usually less important than in the case of nuclear plants. 1 ref., figs and tabs

  17. The insurance of nuclear installations

    International Nuclear Information System (INIS)

    Francis, H.W.

    1977-01-01

    A brief account is given of the development of nuclear insurance. The subject is dealt with under the following headings: the need for nuclear insurance, nuclear insurance pools, international co-operation, nuclear installations which may be insured, international conventions relating to the liability of operators of nuclear installations, classes of nuclear insurance, nuclear reactor hazards and their assessment, future developments. (U.K.)

  18. Nuclear Law

    International Nuclear Information System (INIS)

    Wiesbauer, Bruno

    1978-01-01

    This book is the first attempt of a comprehensive compilation of national Austrian Nuclear Law (Nuclear Liability Act; Radiation protection Act, Radiation Protection Ordinance, Security Control Act, Act on the uses of Nuclear Energy - Zwentendorf Nuclear Power Plant) and the most important international agreements to which Austria is a party. Furthermore, the book contains the most important Nuclear Liability Conventions to which Austria is not yet a party, but which are applicable in neighbouring; the Paris Convention served as a model for the national Nuclear Liability Act and may be used for its interpretation. The author has translated a number of international instruments into German, such as the Expose des Motifs of the Paris Convention. (NEA) [fr

  19. Apportioning liability for transborder damages

    International Nuclear Information System (INIS)

    Krause-Ablass, W.-D.

    1988-01-01

    The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

  20. ACN-France, Aarhus Convention and Nuclear - Synthesis report

    International Nuclear Information System (INIS)

    2012-01-01

    This report first recalls the Aarhus Convention and Nuclear (ACN) process and proposes a presentation of the thematic and program of the three work-groups. Respectively, these work-groups addressed the return on experience on the search process for a Low Activity Long Life radioactive waste storage site, the application of the Convention articles addressing the modalities of public participation and information, and the issue of the empowerment and access to expertise of actors belonging to the civil society. Then, this report contains conclusions and recommendations made by these work-groups, and proposes a synthesis of recommendations aimed at improving public information and participation to decision processes while linking regional and national levels

  1. Seguro Nuclear

    International Nuclear Information System (INIS)

    Oliveira, S.C.C. de.

    1978-04-01

    A description of the constitutive elements of insurance and its features in the field of law, and special legislation about the matter are given. The relationship between the liability of the nuclear power plant operator and the international conventions about civil liability on nuclear damage is discussed. Some considerations on damage reparing in the United States, Germany, France and Spain are presented. (A.L.S.L.) [pt

  2. The impact of the liberalisation of electricity markets on nuclear liabilities

    International Nuclear Information System (INIS)

    Selling, Henk A.

    2003-01-01

    transferral of shares focused on a fair share of all parties concerned in the future losses of COVRA. HLW is presently generated by essentially 5 customers: Borsele and Dodewaard NPPs, JRC and IRI research reactors, and one institute for nuclear energy research (ECN). These 5 customers have joined forces and concluded an agreement for the construction of a long-term interim storage facility for HLW, the HABOG. This agreement includes a break-down of the costs associated with construction (1999 - 2003) as well as with maintenance of the HABOG both during its active phase (2003 - 2015) and passive phase of operation (2015 - ). The total construction cost for the HABOG is estimated at euro 116 million. For the realisation of an underground disposal facility for both LILW and HLW a total amount of about euro 1.23 billion is estimated. For HLW only a cost estimate of approximately euro 0.82 billion is utilised. Financial provisions have been made on the assumption that disposal will not occur before 2130 and annual contributions are being paid into the fund which are based on a discounting rate of 3.5 %. An advisory committee on the stranded costs in the electricity production sector recommended that as a next step after the transformation of COVRA into a State-owned Agency, a merger between GKN, the operator of the decommissioned nuclear power station at Dodewaard and COVRA, should be effectuated. It is envisaged that the joint venture between the two companies can be realised as soon as the financial obligations for the long-term management of the radioactive waste from Dodewaard NPP have been settled. Both parties have the intention to achieve an agreement in the course of 2003. The main issues of contention at the moment are related to the total cost estimates for the liabilities of GKN - which to the view of COVRA and the government are underestimated

  3. Convention on Early Notification of a Nuclear Accident and Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

    International Nuclear Information System (INIS)

    1997-01-01

    Part I: Status lists as of 31 December 1996. A. Convention on Early Notification of a Nuclear Accident (Notification Convention). B. Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Assistance Convention). PART II: Texts of reservations/declarations made upon or following expressing consent to be bound and objections thereto Part III: Texts of reservations/declarations made upon signature

  4. Revision of the Paris Convention and the Brussels Supplementary Convention

    International Nuclear Information System (INIS)

    Busekist, Otto von.

    1977-01-01

    The Paris Convention and the Brussels Supplementary Convention have in substance remained unchanged since their adoption in 1960 and 1963, respectively. During that period, nuclear industry and technology have developed considerably while the financial and monetary bases of the Conventions have been shattered. The amounts of liability and compensation have been eroded by inflation, and the gold-based unit of account in which these amounts are expressed has lost its original meaning after the abolition of the official gold price. The question of revising the Conventions, in particular of raising those amounts and of replacing the unit of account, is therefore being studied by the Group of Governmental Experts on Third party Liability in the Field of Nuclear Energy of the OECD Nuclear Energy Agency. (auth.) [fr

  5. The liability according to paragraph 26 of the German Atomic Energy Act. A wallflower?; Die Haftung nach paragraph 26 AtG. Ein Mauerbluemchen?

    Energy Technology Data Exchange (ETDEWEB)

    Raetzke, Christian [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

    2018-02-15

    According to German law, liability for damage caused by radioactivity can arise from several regulations. In most cases, liability under the Paris Convention on Third Party Liability in the Field of Nuclear Energy, which applies in the field of nuclear power, is at the forefront of discussion. According to paragraph 26 of the German Atomic Energy Act, liability is somewhat in the shadow of the Paris Convention. It applies to the handling of radioactivity in medicine, research and industry (e.g. for test emitters) as well as activities involving natural and depleted uranium and nuclear fusion. The article outlines the basic elements of liability under Section 26 of the German Atomic Energy Act, which may become increasingly important in future due to recent developments such as the phasing out of nuclear power in Germany.

  6. Decree of 28 December 1965, Stb. 647, in implementation of Section 2 of the Act of 27 October 1965, Stb 546, on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1965-01-01

    This Decree excludes from the scope of application of the Nuclear Incidents (Third Party Liability) Act, small quantities of nuclear substances during transport in view of the small extent of the risk involved. (NEA) [fr

  7. Conventional arms control and the nuclear weapons dilemma in Europe

    International Nuclear Information System (INIS)

    Hopmann, P.T.

    1988-01-01

    This paper sets forth some fundamental propositions about the role of conventional arms control in connection with the nuclear weapons dilemma in Europe. A fundamental underlying premise of this analysis is that nuclear and non-nuclear issues in European security are inextricably linked with one another. Therefore, they should not be separated either conceptually or at the level of policy analysis and prescription. An additional basic assumption is that the attainment of an appropriate security regime in Europe is hindered by the security dilemma, in which measures that enhance the security of one side in the East-West conflict are often perceived by the other as detracting from their own security. Therefore, a regime intended to enhance common security throughout the continent must be designed so as to reduce rather than exacerbate this dilemma. The analysis of the requirements for confidence-building measures and arms control rests on several propositions that have been introduced by numerous other authors in this volume. These propositions will be summarized here briefly in order to lay the foundation for the subsequent analysis of confidence-building and arms control initiatives

  8. The Liabilities Management Group

    International Nuclear Information System (INIS)

    Whitehead, A.W.

    1998-01-01

    The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

  9. Morocco. Act no. 12-02 on civil liability for nuclear damage. Promulgated on 7 january 2005. Chapter 1. General provisions

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    Three texts concern Morocco with the Act on civil liability for Nuclear damage (2005), International Atomic energy Agency with the code of conduct on the safety of research reactors (2004), United Nations with U.N. Security Council Resolution 1540 (2004). (N.C.)

  10. Liabilities for the decommissioning and disposal in the nuclear area. Analysis and concept of reformation; Rueckstellungen fuer Rueckbau und Entsorgung im Atombereich. Analyse und Reformkonzept

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, Bettina [Umweltministerium Schleswig-Holstein, Kiel (Germany)

    2012-06-15

    The contribution under consideration examines the adequacy of the reserves for decommissioning / dismantling and disposal in order to finance long-term tasks. A reform concept is presented. The two key components of the reformation are the establishment of a public fund for the long-term obligations and a stronger insolvency protection of medium-term nuclear liabilities.

  11. Liability for nuclear damage: financial and definitional limitations with particular reference to the EEC rules prohibiting subsidies and anti-competitive practices and agreements

    International Nuclear Information System (INIS)

    Sands, P.

    1992-01-01

    In March 1990 the Commission of the European Communities (EEC) held that a package of state aids (subsidies) to the United Kingdom nuclear industry were compatible with Article 92 of the EEC Treaty. The decision was significant because it held that the package of measures constituted ''state aids'' and that the nuclear industry was subject to Article 92 of the EEC Treaty; and it set some of the parameters to determine the conditions under which the Commission will authorise such state aids. The decision has implications for the emerging rules governing civil liability for damage caused by waste, including nuclear waste, currently being prepared by the EC Commission and the International Atomic Energy Agency Standing Committee on Nuclear Liability. (author)

  12. Nuclear. Convention on early notification of a nuclear accident. Treaty series 1990 no.21

    International Nuclear Information System (INIS)

    1991-01-01

    The States present at this convention are aware that comprehensive measures have been are being taken to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimizing the consequences of any such accident should it occur. The States are convinced of the need to provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimized. In the event of an accident the State involved will notify, through the International Energy Agency the other States which may be physically affected, as to the nature of the accident, the time of occurrence and its exact location

  13. Nuclear. Convention on early notification of a nuclear accident. Treaty series 1990 no.21

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1992-12-31

    The States present at this convention are aware that comprehensive measures have been are being taken to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimizing the consequences of any such accident should it occur. The States are convinced of the need to provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimized. In the event of an accident the State involved will notify, through the International Energy Agency the other States which may be physically affected, as to the nature of the accident, the time of occurrence and its exact location.

  14. For a convention for nuclear weapon elimination; Pour une convention d'elimination des armes nucleaires

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-03-15

    This document contains two texts linked with the project of an international convention for the elimination of nuclear weapons (the text of this project has been sent to the UN General Secretary and is part of an international campaign to abolish nuclear weapons, ICAN). These two texts are contributions presented in London at the Global Summit for a Nuclear Weapon-free World. The first one calls into question the deterrence principle and the idea of a nuclear weapon-based security. It calls for different forms of action to promote a nuclear weapon-free world. The second text stresses the role and the responsibility of states with nuclear weapons in nuclear disarmament and in the reinforcement of the nuclear non proliferation treaty (NPT)

  15. Compensation for damages in case of a nuclear accident

    International Nuclear Information System (INIS)

    Leger, M.

    2011-01-01

    This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

  16. Paris convention - Decisions, recommendations, interpretations

    International Nuclear Information System (INIS)

    1990-01-01

    This booklet is published in a single edition in English and French. It contains decisions, recommendations and interpretations concerning the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy adopted by the OECD Steering Committee and the OECD Council. All the instruments are set out according to the Article of the Convention to which they relate and explanatory notes are added where necessary [fr

  17. International Convention for the Suppression of Acts of Nuclear Terrorism. United Nations 2005: International Convention for the Suppression of Acts of Nuclear Terrorism

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    The International Convention for the Suppression of Acts of Nuclear Terrorism is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of September 2016, the convention has 115 signatories and 106 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States. The Convention covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors; covers threats and attempts to commit such crimes or to participate in them, as an accomplice; stipulates that offenders shall be either extradited or prosecuted; encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings; and, deals with both crisis situations, assisting States to solve the situations and post-crisis situations by rendering nuclear material safe through the International Atomic Energy Agency (IAEA)

  18. Conference on Nuclear and Conventional Analytical Techniques and their Applications

    International Nuclear Information System (INIS)

    2010-01-01

    Full text : A panoply analytic techniques methods has emerged in recent decades due to the challenges of society in quality of products and the increasing demand of chemical analysis services. The industrial progress which came along with an instrumental perfection of devices with analytical use, led to the development of new techniques more and more advanced in this field. These come as well, to answer the disturbing effects of this industrialization and the wishes of a public increasingly conscious and requiring globally. The leaders in this field of analysis and material characterization are more than ever confronted with problems of identification and quantification of different chemical forms of a multitude of products in varied circles; Industrial pollutants, soil, water, air, food, medicines, ceramics, concrete, plants etc. It was from that perspective that the unifying theme ''geomaterials: characterization to applications '' of the conference on nuclear and conventional analytical techniques and their applications (TANCA 2010) was chosen. It contributes to the debate of these subjects and builds relationships between stakeholders in this field, both technically and practically [fr

  19. Archaeometry: nuclear and conventional techniques applied to the archaeological research

    International Nuclear Information System (INIS)

    Esparza L, R.; Cardenas G, E.

    2005-01-01

    The book that now is presented is formed by twelve articles that approach from different perspective topics as the archaeological prospecting, the analysis of the pre hispanic and colonial ceramic, the obsidian and the mural painting, besides dating and questions about the data ordaining. Following the chronological order in which the exploration techniques and laboratory studies are required, there are presented in the first place the texts about the systematic and detailed study of the archaeological sites, later we pass to relative topics to the application of diverse nuclear techniques as PIXE, RBS, XRD, NAA, SEM, Moessbauer spectroscopy and other conventional techniques. The multidisciplinary is an aspect that highlights in this work, that which owes to the great specialization of the work that is presented even in the archaeological studies including in the open ground of the topography, mapping, excavation and, of course, in the laboratory tests. Most of the articles are the result of several years of investigation and it has been consigned in the responsibility of each article. The texts here gathered emphasize the technical aspects of each investigation, the modern compute systems applied to the prospecting and the archaeological mapping, the chemical and physical analysis of organic materials, of metal artifacts, of diverse rocks used in the pre hispanic epoch, of mural and ceramic paintings, characteristics that justly underline the potential of the collective works. (Author)

  20. Convention on Nuclear Safety. Second national report on the implementation by france of the obligations of the Convention

    International Nuclear Information System (INIS)

    2001-09-01

    The first national report on the implementation by france of the obligation under the Convention is structured along its Articles. the french Nuclear safety Authority ensured the co ordination of the report, with contributions from other regulators and nuclear operators. this report was distributed at the middle of April 2003 to the other Contracting party (on 3 november to 14, 2003 at the IAEA headquarters. (author)

  1. Convention on early notification of a nuclear accident. Convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1987-05-01

    The document refers to the Convention on early notification of a nuclear accident (INFCIRC-335) and to the Convention on assistance in the case of a nuclear accident or radiological emergency (INFCIRC-336). Part I of the document contains the texts of reservations/declarations made by some of the countries upon or following signature. Part II contains the texts of reservations/declarations made upon or following deposit of instrument, expressing consent to be bound

  2. Convention on early notification of a nuclear accident and convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1991-09-01

    The document refers to the Convention on Early Notification of a Nuclear Accident (IAEA-INFCIRC-335) and to the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (IAEA-INFCIRC-336). Part I contains the status lists as of August 31, 1991. Part II contains reservations/declarations made upon expressing consent to be bound and objections there to. Part III contains reservations/declarations made upon signature

  3. Convention on early notification of a nuclear accident and convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1992-09-01

    The document refers to the Convention on Early Notification of a Nuclear Accident (CENNA) (IAEA-INFCIRC-335) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (CANARE) (IAEA-INFCIRC-336). Part I contains the status lists as of 10 September 1992, part II contains the texts of reservations/declarations made upon expressing consent to be bound and objections there to, and part III contains the texts of reservations/declarations made upon signature

  4. Convention on early notification of a nuclear accident and convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1997-01-01

    The document refers to the Convention on Early Notification of a Nuclear Accident (CENNA) (IAEA-INFCIRC-335) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (CANARE) (IAEA-INFCIRC-336). Part I contains the status list as of 31 December 1996, Part II contains the texts of reservations/declarations made upon or following expressing consent to be bound and objections thereto, and Part III contains the texts of reservations/declarations made upon signature

  5. Convention on early notification of a nuclear accident and convention on assistance in the case of a nuclear accident or radiological emergency

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-02-28

    The document refers to the Convention on Early Notification of a Nuclear Accident (CENNA) (IAEA-INFCIRC-335) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (CANARE) (IAEA-INFCIRC-336). Part I contains the status list as of 31 December 1996, Part II contains the texts of reservations/declarations made upon or following expressing consent to be bound and objections thereto, and Part III contains the texts of reservations/declarations made upon signature.

  6. Compensation of damage caused by diverted nuclear substances

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1981-10-01

    This paper provides a comprehensive analysis of the insurance system for nuclear liability. As a rule, if nuclear fuel, radioactive products or waste are governed by nuclear energy law providing for strict and channelled liability, their legal holder will pay for damage arising from them anywhere within 20 years after theft or diversion and 10 years after the nuclear incident. In most countries, atomic liability insurers will implicitly grant their cover through policies underwritten by legal holders. If diverted substances have a low specific radioactivity, their legal holder remains liable according to common law and insurance policies cover this conventional liability. (NEA) [fr

  7. Disaster policy and nuclear liability: insights from post-Chernobyl agriculture in the United Kingdom

    International Nuclear Information System (INIS)

    Kerr, W.A.; Kwaczek, A.S.; Mooney, S.

    1989-01-01

    The recent events at Chernobyl have again brought the issues of nuclear safety to the forefront of the nuclear power debate. Fortunately, our experience with such incidents has been very limited, but it is important to learn as much as possible from such events so as to minimize the cost and effect of any other nuclear incidents, be they small or large. Much of the discussion about the possible effects of nuclear incidents has centered around the human cost in terms of health. While this is undoubtedly of paramount concern, the effect of the release of radiation from Chernobyl on the agricultural resource base in Europe can provide valuable insights on how to reduce the costs associated with the contamination of agricultural areas. This article outlines some of the lessons that can be learned using the livestock-raising industry in northern Wales as an example

  8. Nuclear liability legislation in the Czech Republic - current status and expected development

    International Nuclear Information System (INIS)

    Zaruba, P.; Posad, M.

    2000-01-01

    The paper gives a short introduction to the present situation of operation and construction of nuclear power plants in the Czech Republic, including some basic technical data and background information. It then continues in providing up to date information on the Czech nuclear legislation, which followed the adoption of the Atomic Act. It also gives consideration of various questions and problems in the light of the respective legal clauses (e.g. minimum insurance requirements, treatment of small reactors and small quantities of nuclear material, state guarantees etc.). The paper provides some more detailed information about the practical application of the insurance clauses of the Atomic Act, including some time-related questions. The final part of the paper is dedicated to insurance matters, especially the present functions and activities of the Czech Nuclear Insurance Pool which was officially founded in 1995 and is now concluding the fifth year of business activities. (author)

  9. Disaster policy and nuclear liability: Insights from post-Chernobyl agriculture in the United Kingdom

    Science.gov (United States)

    Kerr, William A.; Kwaczek, Adrienne S.; Mooney, Sian

    1989-09-01

    The recent events at Chernobyl have again brought the issues of nuclear safety to the forefront of the nuclear power debate. Fortunately, our experience with such incidents has been very limited, but it is important to learn as much as possible from such events so as to minimize the cost and effect of any other nuclear incidents, be they small or large. Much of the discussion about the possible effects of nuclear incidents has centered around the human cost in terms of health. While this is undoubtedly of paramount concern, the effect of the release of radiation from Chernobyl on the agricultural resource base in Europe can provide valuable insights on how to reduce the costs associated with the contamination of agricultural areas. This article outlines some of the lessons that can be learned using the livestock-raising industry in northern Wales as an example.

  10. Nuclear operations, liabilities, regulation and politics a joined-up system?

    International Nuclear Information System (INIS)

    Butler, G.G.

    2000-01-01

    Trying to convince a sceptical public of the safety of commercial nuclear power generation has been an increasing challenge to the industry and to successive governments alike. This paper examines the challenges which currently face the industry, not least of which is that of solving the long-term waste disposal problem. It goes on to look in some detail at the fundamentals of the nuclear industry in the UK today. (author)

  11. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    Raffarin, J.P.; Villepin, D. de

    2002-07-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  12. The compensation of losses in case of a nuclear accident

    International Nuclear Information System (INIS)

    Leger, M.

    2010-01-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  13. Convention on early notification of a nuclear accident. Convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1989-08-01

    The document refers to the Convention on early notification of a nuclear accident (INFCIRC-335) and to the Convention on assistance in the case of a nuclear accident or radiological emergency (INFCIRC-336). Part I contains reservations/declarations made upon or following signature and Part II contains reservations/declarations made upon or following deposit of instrument expressing consent to be bound. The status of signature, ratification, acceptance, approval or accession by States or organizations as of 31 July 1989 for the conventions is presented in two attachments

  14. Guidelines regarding National Reports under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    1999-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material which it may be useful to include in the national reports required by Article 5 and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention

  15. Guidelines regarding national reports under the convention on nuclear safety

    International Nuclear Information System (INIS)

    1998-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material which it may be useful to include in the national reports required by Article 5 and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention

  16. Guidelines regarding National Reports under the Convention on Nuclear Safety

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1999-10-15

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties regarding material which it may be useful to include in the national reports required by Article 5 and thereby to facilitate the most efficient review of implementation by the Contracting Parties of their obligations under the Convention.

  17. Influence of nuclear glasses composition on their liability to deterioration; Influence de la composition des verres nucleaires sur leur alterabilite

    Energy Technology Data Exchange (ETDEWEB)

    Tovena, I

    1995-09-29

    This contributes to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo{sub 1}00) Celsius and another one at 90 degrees Celsius (Vo{sub 9}0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo{sub 9}0 and Vo{sub 1}00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs., tabs.

  18. Liabilities identification and long-term management decommissioning of nuclear installations in Slovak Republic

    International Nuclear Information System (INIS)

    Burclova, Jana; Konecny, Ladislav

    2003-01-01

    The decommissioning is defined as the safe removal of nuclear facilities from service and reduction of residual radioactivity and/or risk to a level enabling their use for the purpose of another nuclear facility or unrestricted use (site release) and termination of license. The Legal Basis for Decommissioning and Waste Management are described in 4 acts: - 1. Act 130/98 Coll. on peaceful use of nuclear energy (Atomic Act); - 2. The act No 127/1994 Coll. on environmental impact assessment (amended 2000); - 3. The act No 254/1994 Coll. on creation of state found for NPP decommissioning, spent fuel management and disposal investment (amended 2000, 2001); 4. The act No 272/1994 Coll. on protection of public health (amended 1996,2000). The licensing process for radioactive waste management installations as for all nuclear installations is running in following principal steps. The permits for siting, construction, operation including commissioning, individual steps of decommissioning and site release are issued by municipal environmental office on the basis of the Act No 50/1976 Coll. on territorial planning and construction rules and the decisions of the Nuclear regulatory Authority (UJD SR) based on the Atomic Act. The safety documentation shall be prepared by applicant and it is subject of the regulatory bodies approval, for nuclear safety is responsible UJD SR, for radiation protection Ministry of Health, for fire protection Ministry of Interior and for general safety Ministry of Labour, Social Policy and Family. UJD SR issues the permit for each decommissioning phase based on review and approval of safety documentation. Decommissioning Strategy of Slovak Republic was strongly influenced by the changes of Waste Management Strategy. During the last time UJD SR dedicated the great effort to principal improvement of legislation, to cooperation with Ministry of Economy with the aim to create rules for financial sources for decommissioning activities and to enforcement of

  19. Clear progress in nuclear safety worldwide: Convention on nuclear safety concludes

    International Nuclear Information System (INIS)

    2002-01-01

    It has been concluded that a significant progress has been observed in a number of key areas, such as strengthened legislation, regulatory independence, the availability of financial resources, enhanced emergency preparedness and safety improvements at nuclear power plants built to earlier standards. The objective of the Convention is to achieve and maintain a high level of nuclear safety worldwide. During the two week Review Meeting, parties engaged in a 'peer review' process in which the National Reports from individual States were collectively examined and discussed, with written replies provided to all the questions raised. Clear improvement was noted in the quality of the National Reports, the number of questions and the openness and quality of discussion and answers. The Contracting Parties praised the IAEA's various safety review missions and services, which they use widely to help enhance the effectiveness of their national safety arrangements. Forty-six contracting parties participated at the Review Meeting with over 400 delegates attending, including many heads and senior officers from regulatory bodies and experts from industry. To date, the Convention has been signed by sixty-five States and ratified by fifty-four, representing 428 of the 448 nuclear power reactors worldwide

  20. Announcement concerning the convention on the physical protection of nuclear material of March 3, 1980

    International Nuclear Information System (INIS)

    1987-01-01

    The State Council of the German Democratic Republic ratified the convention on physical protection of nuclear material which was signed on 21 May 1980 and deposited with the Director General on 5 February 1981. The convention entered into force in accordance with its article 19 on 8 February 1987. The German and English texts of this convention are presented

  1. Collaboration within the United Nations system - General matters. Conventions concerning nuclear accidents

    International Nuclear Information System (INIS)

    1988-03-01

    The texts of the Convention on Early Notification of a Nuclear Accident (CENNA) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (CANARE) are preceded by brief remarks on their origin. The World Health Organization is bound to carry out the activities envisaged, by virtue or its constitutional responsibility for ''promoting, developing, assisting and coordinating international health work''. The Executive Board thus recommends that the WHO accede to both conventions

  2. Nuclear liability claims handling and costs - Germany and some comparative solutions

    International Nuclear Information System (INIS)

    Harbruecker, D.

    2000-01-01

    Comparison of legal status in Central Europe: coverage by insurance and State intervention, coverage of legal expenses and interests on awards technical problems of claims handing after a nuclear incident: guidelines to be prepared by insurer before and not after an incident occurred, demands on provider of financial security claims handling for part guaranteed by State to be transferred to insurer, necessary regulations of such arrangements (author)

  3. Effects and practices on nuclear safety convention promoting nuclear safety in China

    International Nuclear Information System (INIS)

    Zhang Wei; Cheng Jianxiu; Chen Maosong

    2010-01-01

    By the means of peer review and self-review, the Contracting Parties are reviewed on obligations under the Convention. In order to implementation these, the State Department established the specific group, under the efforts of departments together, the China fulfilled the obligations successfully. The international society affirmed the good practices on nuclear safety in China, at the same time, they pointed out some fields that China pay close attention to. On the basis of analyzing questions, we point out some aspects which are combined the common questions put forward by the International Atomic Energy Agency on the 4th reviewing meeting that the Chinese government pay close attention to on the next review meeting. Meanwhile, we also put forward some suggestions on how to do better on fulfilling the convention. (authors)

  4. The impact of the future Nuclear Safety Convention on the Spanish licensing system

    International Nuclear Information System (INIS)

    Ripol Carulla, S.

    1995-01-01

    The adoption of the 1994 Nuclear Safety Convention should not affect Spanish law. Nevertheless, the coming into force of the Nuclear Safety Convention in Spain will represent an opportunity for Spanish nuclear authorities to clarify one of the aspects of the Spanish nuclear legislation that has become oldfashioned. It would be important to adopt a general rule on nuclear safety which, at the highest level, would clearly establish the prerequisites which have to be fulfilled in order to get a licence as well as the competences of the supervision authorities, including the (criminal and) administrative penalties that can be imposed. (orig./HP)

  5. Legal aspects of transport of nuclear materials

    International Nuclear Information System (INIS)

    Jacobsson, Mans.

    The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

  6. Second national report of Brazil for the nuclear safety convention - introduction

    International Nuclear Information System (INIS)

    2001-01-01

    This document was prepared for fulfilling the Brazilian obligations under the Convention on Nuclear Safety. Chapter 1 presents some historical aspects of the Brazilian nuclear policy, targets to be attained for increasing the nuclear energy contribution for the national production of electric energy

  7. Second national report of Brazil for the nuclear safety convention - introduction

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-09-01

    This document was prepared for fulfilling the Brazilian obligations under the Convention on Nuclear Safety. Chapter 1 presents some historical aspects of the Brazilian nuclear policy, targets to be attained for increasing the nuclear energy contribution for the national production of electric energy.

  8. 75 FR 64717 - Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation

    Science.gov (United States)

    2010-10-20

    ... DEPARTMENT OF ENERGY Convention on Supplementary Compensation for Nuclear Damage Contingent Cost... Supplementary Compensation for Nuclear Damage (``CSC'') including its obligation to contribute to an international supplementary fund in the event of certain nuclear incidents. The NOI provided a September 27...

  9. Revision of the Paris Convention from the German point of view

    International Nuclear Information System (INIS)

    Mahlmann, Wilfried.

    1977-01-01

    The paper discusses the revision of the Paris Convention from the German point of view and states how this country has used the possibilities for exceptions provided under the Convention so that German nuclear third party liability legislation differs somewhat from the standards laid down in the Convention. This is explained by a desire to provide increased financial security for the population concerned. After describing various proposed procedures for increasing liability amounts in the Paris Convention and the Brussels Supplementary Convention the author concludes that his country would welcome a revision of the Conventions which would provide increased financial security for the public. (NEA) [fr

  10. Negative liability

    NARCIS (Netherlands)

    Dari-Mattiacci, G.

    2009-01-01

    Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

  11. Sweden's third national report under the the Convention on Nuclear Safety. Swedish implementation of the obligations of the Convention

    International Nuclear Information System (INIS)

    2004-01-01

    The national reports to the review meetings according to Article 5 of the Convention call for a self-assessment of each Contracting Party with regard to compliance with the obligations of the Convention. For Sweden this self-assessment has demonstrated full compliance with all the obligations of the Convention, as shown in detail in part B of this national report. There is an open and constructive dialogue between the regulatory bodies and the licensees. The owner companies are well established with good corporate financial records. They demonstrate a commitment to maintain a high level of safety in their nuclear power plants. Not withstanding the increased competition, the licensees continue to co-operate in solving important safety issues. The regulators in Sweden are assessed as well qualified for their tasks and their resources have been maintained. The international co-operation networks of both regulators and utilities are well developed. From the safety and environmental impact point of view, the Swedish nuclear power plants are competitive internationally. However, Sweden would like to point out the following issues, where further development should be given special attention in relation to the obligations under the Convention: The compatibility of the Act on Nuclear Activities with the Environmental Code needs to be followed up in order to assure that the licensing process is fully consistent. The future supply of radiation protection specialists needs to be further investigated and measures may need to be taken, as has been done to ensure the supply or nuclear safety specialists. The ongoing concentration of vendors and service companies needs to be assessed, from the safety and availability point of view, and the licensees may need to implement their own joint solutions if the market can not supply the necessary services at acceptable conditions. The operating organisations need to assess their consolidation after several organisational changes following

  12. Convention on early notification of a nuclear accident. Convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1990-08-01

    The document refers to the Convention on Early Notification of a Nuclear Accident (IAEA-INFCIRC-335) and to the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (IAEA-INFCIRC-336). Part I contains reservations/declarations made upon or following signature and Part II contains reservations/declarations made upon or following deposit of instrument expressing consent to be bound. The status of signature, ratification, acceptance, approval or accession by States or organizations as of 31 July 1990 is presented in two attachments

  13. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

    The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

  14. Clearance of building structures for conventional non-nuclear reuse

    International Nuclear Information System (INIS)

    Buss, K.; Boehringer, S.

    1998-01-01

    At the example of a fuel assembly plant the strategy of control measurements on building surfaces, which shall be conventionally reused after their clearance, is regarded. Based on the given clearance levels the used measuring methods, especially with regard of possibly covered or intruded uranium contamination, are shown. The possibility of using the in-situ-γ-spectroscopy is discussed. (orig.) [de

  15. Sweden's second national report under the Convention on nuclear safety. Swedish implementation of the obligations of the Convention

    International Nuclear Information System (INIS)

    2001-01-01

    The National Reports to the Review Meetings according to Article 5 of the Convention call for a self-assessment of each Contracting Party with regard to compliance with the obligations of the Convention. For Sweden this self-assessment has demonstrated full compliance with all the obligations of the Convention, as shown in detail in part B of this National Report. Sweden wishes to emphasise the incentive character of the Convention. In the opinion of Sweden, the Convention implies a commitment to continuous learning from experience and a proactive approach to safety improvement. Therefore, Sweden has found it important that a National Report highlights strong features in national nuclear practices as well as areas where special attention to the further development are needed. Since the first report to the Convention was issued, three major events have been experienced in the Swedish nuclear programme: Phase out of nuclear power started by the closing of one unit of a twin unit plant on 30 November 1999. The full effects of deregulation of the electricity market have been experienced. Together with increasing taxes on nuclear power, this has strongly affected the production economy of the nuclear industry resulting in efforts to reduce production costs and leaving less room for investments. The new general safety regulations came into force 1 July 1999, resulting in a more structured approach to inspection and safety assessment. These changes have created new challenges for the safety work of the licensees as well as for the regulatory bodies during the last three years. However, the generally positive impression reported to the first review meeting under the Convention still stands. Therefore, Sweden would like to point out the following as strong features in its national nuclear practice: The responsibility for safety is very well defined in the Swedish legal framework. In order not to dilute the responsibility of the licence holders, the Swedish regulations are

  16. Second national report of Brazil for the nuclear safety convention - September 2001

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-09-01

    This National Report was prepared by a group composed of representatives of the various Brazilian organizations with responsibilities in the field of nuclear safety, aiming the fulfilling the Convention of Nuclear Energy obligations. The Report contains a description of the Brazilian policy and programme on the safety of nuclear installations, and an article by article description of the measures Brazil is undertaking in order to implement the obligations described in the Convention. The chapter 6 describes plans and future activities to further enhance the safety of nuclear installations in Brazil.

  17. Second national report of Brazil for the nuclear safety convention - September 2001

    International Nuclear Information System (INIS)

    2001-09-01

    This National Report was prepared by a group composed of representatives of the various Brazilian organizations with responsibilities in the field of nuclear safety, aiming the fulfilling the Convention of Nuclear Energy obligations. The Report contains a description of the Brazilian policy and programme on the safety of nuclear installations, and an article by article description of the measures Brazil is undertaking in order to implement the obligations described in the Convention. The chapter 6 describes plans and future activities to further enhance the safety of nuclear installations in Brazil

  18. Russia’s Conventional Military Weakness and Substrategic Nuclear Policy

    Science.gov (United States)

    2011-01-01

    broader range of strategic issues.19 Untangling the Tactical Nuclear Web : Russian Military Doctrine and Strategic Uncertainty The lack of official...transition period will witness the introduction of the Sozvezdiye M2 automated tactical level joint command and control system (yedinaya sistema upravleniya v

  19. The impact of nuclear and conventional disarmament on the African continent

    International Nuclear Information System (INIS)

    Azikiwe, E.A.

    1991-01-01

    In this paper, the Permanent Representative of Nigeria to the Office of the United nations at Geneva discusses the positive impact of nuclear and conventional disarmament for development in the African States

  20. Convention of early notification of a nuclear accident. Convention of assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1988-05-01

    The document refers to the Convention on early notification of a nuclear accident (INFCIRC-335) and to the Convention on assistance in the case of a nuclear accident or radiological emergency (INFCIRC-336). Part I of the document contains reservations/declarations made upon or following signature made by Algeria, Iraq and Thailand. Part II contains reservations/declarations made upon or following deposit of instrument expressing consent to be bound made by Australia, Bulgaria, China, India, Japan, Malaysia, Mongolia, Poland, South Africa, United Arab Emirates and Socialist Republic of Viet Nam. The status of signature, notification, acceptance, approval or accession of the two conventions as of 13 May 1988 is presented in two attachments

  1. Nuclear installations in Slovakia accords to the convention definition

    International Nuclear Information System (INIS)

    1998-01-01

    In this part the nuclear power plants Bohunice - Units V-1 and V-2 and NPP Mochovce (description of units, safety reports and safety improvement programs) are described. Description of Bohunice A-1, history and current status of the NPP A-1 and NPP decommissioning program are included. In next parts interim spent fuel storage, technologies of Raw processing and treatment, and treated and solid Raw storage sites are described

  2. Nuclear or conventional power for surface combatant ships: Department of the Navy. Report to the Congress

    International Nuclear Information System (INIS)

    1977-01-01

    GAO reviewed the controversy over whether the Navy's major surface combatant ships should be all nuclear powered, all conventionally powered, or a mix of both. Nuclear ships are more capable but cost more and their relative cost-effectiveness cannot be measured because Navy analysts cannot quantify many benefits of nuclear power. The Congress, in reviewing Navy shipbuilding plans for surface combatant ships, should be cognizant that buying only conventional ships will maximize naval firepower; buying only nuclear ships will provide mobility and greater freedom from logistics support; and buying a mix is a third option providing, to varying degrees, the advantages and disadvantages of the all-nuclear and all-conventional options

  3. Claims expenses and limits of liability in third party liability insurances

    International Nuclear Information System (INIS)

    Rehmann, J.

    1992-01-01

    After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

  4. Announcement of the Ministry of Foreign Affairs of the Slovak Republic. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1997-01-01

    Ministry of Foreign Affairs of the Slovak Republic has been announcemented that from September 20, 1994 up to acquirement of its validity was opened in Vienna for signature Convention on nuclear safety. Instead of Slovak Republic the convention September 20, 1994 was signed. National Council of the Slovak Republic with the convention expressed the consent by its resolution No. 75 from January 25, 1995 and the president of the Slovak Republic February 23, 1995 its ratified. Ratification document at the depository of this convention was deposited, the director general of the International Agency for Atomic Energy, March 7, 1995. The validity of the Convention October 24, 1996, on the article section 1, was acquired. The text of the Convention on nuclear safety continued [sk

  5. Ways and means of insuring against nuclear risks

    International Nuclear Information System (INIS)

    Campbell Miles, A.

    1975-01-01

    Despite stringent safety requirements imposed upon nuclear installations, the need for adequate insurance cover is motivated by the consideration that a nuclear accident could lead to very grave consequences. To marshal the large insurance capacity required, national pools were formed in many countries, which may enter into arrangements with other similar national pools to increase their own capacity with a view to an appropriate spread of the risks involved. In the absence of a national nuclear pool, application for nuclear insurance would normally be made to the national insurance market association concerned. Virtually every type of nuclear risk is insurable; various forms of material damage and liability insurances are available. The financial liability of nuclear operators is established by national legislation on the basis of international conventions. Insurance coverage is linked to the operator's amount of liability established by law. A third party nuclear liability insurance policy usually consists of three parts: Part I covers the operator's liability under his domestic nuclear legislation; Part II provides non-nuclear power for accidents on the site up to a separate liability limit selected by the operator; and Part III provides cover for costs. Other types of insurance deal with damage to the site and the installation (material damage), consequential losses, contingent liabilities of suppliers of goods and services (products liability), nuclear material in transit and nuclear-propelled ships. (author)

  6. Text of the Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    1979-11-01

    The Final Act of the Meeting of Governmental Representatives to Consider the Drafting of a Convention on the Physical Protection of Nuclear Material was signed on 26 October 1979. According to paragraph 11 of the Final Act, ''The Meeting recommended that the text of the Convention be transmitted for information to the Twenty-Third General Conference of the International Atomic Energy Agency.''

  7. Fukushima: liability and compensation

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena

    2012-01-01

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  8. Compensation for damages in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Leger, M. [CEA Saclay, 91 - Gif sur Yvette (France)

    2011-01-15

    This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

  9. Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 convention on supplementary compensation

    International Nuclear Information System (INIS)

    Gioia, A.

    2000-01-01

    This article studies the different conventions on nuclear liability, the Vienna Convention, the Paris Convention, and the new arrangements contained in the amendment Protocol of 1997. This last part comes from the evolution of the international Law of the sea, and the Convention of 1982 on the law of the Sea is exposed. (N.C.)

  10. Increasing Uncertainty: The Dangers of Relying on Conventional Forces for Nuclear Deterrence

    Science.gov (United States)

    2016-03-14

    72 | Air & Space Power Journal Increasing Uncertainty The Dangers of Relying on Conventional Forces for Nuclear Deterrence Jennifer Bradley To put...relationships and should serve as the cornerstone of US nuclear deterrence policy. Although Russia and China are not identified as adversaries of...exactly what has happened over the past year. The US decision to meet the needs of deterrence by relying less on nuclear weapons and instead devel- oping

  11. The creation and operation of the European Mutual Association for Nuclear Insurance - EMANI

    International Nuclear Information System (INIS)

    Van Gulck, M.A.

    1980-03-01

    This general survey of the evolution of the nuclear operator's liability, with reference to the revision of the Paris Convention and the Brussels Supplementary Convention, describes the context in which the European Mutual Association for Nuclear Insurance (EMANI) was created and its operation. The author considers the repercussions of the European operator's increased liability on the nuclear insurance pool market and the consequences of the Three Mile Island accident for property damage insurance. (NEA) [fr

  12. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2013-01-01

    These Guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 of the Convention and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views.

  13. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2013-01-01

    These Guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 of the Convention and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views. [fr

  14. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2013-01-01

    These Guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 of the Convention and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views. [es

  15. Convention on Nuclear Safety. Second national report on the implementation by france of the obligations of the Convention; Convention sur la surete nucleaire. Deuxieme rapport national sur la mise en oeuvre par la France des obligations de la Convention

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-09-15

    The first national report on the implementation by france of the obligation under the Convention is structured along its Articles. the french Nuclear safety Authority ensured the co ordination of the report, with contributions from other regulators and nuclear operators. this report was distributed at the middle of April 2003 to the other Contracting party (on 3 november to 14, 2003 at the IAEA headquarters. (author)

  16. Desalination of water using conventional and nuclear energy

    International Nuclear Information System (INIS)

    1964-01-01

    The purpose of the present publication is to outline the status of desalination of water at the end of 1963, and is intended as a general review of the subject. Since the International Atomic Energy Agency considers that nuclear energy may, in the near future, be important in the conversion of sea and brackish water into fresh water, the following pages will deal mainly with different aspects of desalination on a large scale. These aspects will be discussed in the light of progress made using demonstration plants as well as results obtained in recent design studies. But in no way is it intended to put forward definitive statements on the advantages or disadvantages of using one or another kind of energy or any particular desalination process. This publication should serve as a technical report intended to help in a preliminary evaluation of projects that may be considered. The scientific and technical aspects of desalination will be subject of further study by the Agency. 65 refs, 25 figs, 12 tabs

  17. Sweden's fourth national report under the Convention on Nuclear Safety. Swedish implementation of the obligations of the Convention

    International Nuclear Information System (INIS)

    2007-01-01

    The national reports to the review meetings according to Article 5 of the Convention call for a self-assessment of each Contracting Party with regard to compliance with the obligations of the Convention. For Sweden this self-assessment has demonstrated compliance with all the obligations of the Convention, as shown in part B of this national report. The Swedish existing nuclear power programme is currently under strong development since a few years. Large amounts are being invested in the 10 remaining operating reactors to prepare for long term operation. The licensees as well as the regulatory bodies have also been challenged over the last years by events, especially the Forsmark event in July 2006, demonstrating the importance of having strong safety management in place and maintaining of a vital safety culture. Of particular importance is not only to develop good formal management systems, but also to monitor and follow up how the systems function in the daily work at the plants. The need for this attention is reinforced by the major programmes going on during a limited time period to upgrade and uprate the plants. These programmes will require a full effort of the operating organisations as well as of the regulatory bodies. An additional challenge is, during the same time period, to manage the transfer of knowledge to a new generation of engineers and specialists. A large number of key staff is due to retire within the next 10 years. The generally positive impression reported to earlier review meetings under the Convention still stands. Therefore, Sweden would like to point out the following as strong features in its national nuclear practice: The Swedish legal framework is well developed and the responsibility for safety is very well defined. The nuclear law also provides for public insight into the activities of the licensees. The regulatory bodies have maintained and increased their resources and are further developing their regulatory practices. There is an

  18. Electronuclear Park, Privatization and Civil Strict Liability

    International Nuclear Information System (INIS)

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  19. Strengthening the Convention on the Physical Protection of Nuclear Materials and Nuclear Facilities Regime: A Path Forward

    International Nuclear Information System (INIS)

    Pitts-Kiefer, S.; Nalabandian, M.

    2017-01-01

    With entry into force of the 2005 Amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM) on May 8, 2016, and the culmination of the Nuclear Security Summits (NSS), the Convention on the Physical Protection of Nuclear Materials and Nuclear Facilities (CPP), as the amended convention is now known, can play an increasingly important role in efforts to strengthen the international nuclear security architecture. The CPP significantly enhances the international legal framework for nuclear security by expanding the scope of physical protection requirements and providing a direct linkage to International Atomic Energy Agency (IAEA) nuclear security guidance through incorporation of the Fundamental Principles.The CPP’s entry into force requires states parties to submit reports to the IAEA under Article 14 informing the IAEA of its laws and regulations giving effect to the convention—states parties were required to do so under the original CPPNM, but the scope of the reports will need to expand to reflect the expanded scope of the convention. Reporting builds confidence in the effectiveness of states’ security. In addition, entry into force of the CPP requires the IAEA, under Article 16, to convene a review conference in five years to assess the implementation and adequacy of the convention “in light of the then prevailing situation.” The review conference will provide an opportunity for states parties to assess the status of nuclear security progress and will provide a forum for dialogue on how to strengthen the global architecture and address remaining gaps in the system. Article 16 also provides for additional review conferences at periods of at least five years if requested by a majority of states parties. Regular review conferences would be an important mechanism for sustaining attention on nuclear security and ensuring continued nuclear security progress. For the CPP to fulfill its potential to play an important role in

  20. Fourth national report of Brazil for the nuclear safety convention. Sep. 2007

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-09-15

    This Fourth National Report of Brazil is a new update to include relevant information of the period of 2004-2007. This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  1. Fourth national report of Brazil for the nuclear safety convention. Sep. 2007

    International Nuclear Information System (INIS)

    2007-09-01

    This Fourth National Report of Brazil is a new update to include relevant information of the period of 2004-2007. This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  2. France - Convention on nuclear safety. Fourth national report established in view of the 2008 examination meeting

    International Nuclear Information System (INIS)

    2007-07-01

    This report is the fourth one established in compliance with the article 5 of the international Convention on nuclear safety, and presents measures implemented by France to meet each of the Convention requirements. It addresses electro-nuclear reactors as well as research reactors. After an overview of the main evolutions since the third French report, and a general presentation of the French national nuclear policy, the report addresses the different articles of the Convention. These articles deal with general arrangements (application arrangements, presentation of reports, existing nuclear installations with their safety assessments and main safety improvements brought to the different nuclear reactors), law and regulation (legal and regulatory framework, regulation bodies, responsibility of an authorization holder), general safety considerations (priority for safety, human and financial resources, human factors, quality insurance, safety assessment and verification, radiation protection, organisation in case of emergency), and installation safety (site selection, design and construction, exploitation, activities planned to improve safety). Appendices propose a list and locations of French nuclear reactors, a list of the main legal and regulatory texts, presentations of nuclear reactor operators (EDF, CEA, ILL), and an overview of practices of control of the environment

  3. The compensation of losses in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Leger, M. [CEA Saclay, Dir. Juridique et du Contentieux, 91 - Gif-sur-Yvette (France)

    2010-07-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  4. Guidelines regarding the review process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2002-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views

  5. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2011-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views [fr

  6. Guidelines regarding the review process under the convention on nuclear safety

    International Nuclear Information System (INIS)

    1998-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing national reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of national reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views

  7. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2011-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views

  8. Guidelines regarding the review process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    1999-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing national reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of national reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views

  9. Guidelines regarding the Review Process under the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    2011-01-01

    These guidelines, established by the Contracting Parties pursuant to Article 22 of the Convention, are intended to be read in conjunction with the text of the Convention. Their purpose is to provide guidance to the Contracting Parties on the process for reviewing National Reports submitted in accordance with Article 5 and thereby to facilitate the efficient review of implementation by the Contracting Parties of their obligations under the Convention. The aim of the review process should be to achieve a thorough examination of National Reports submitted in accordance with Article 5 of the Convention, so that Contracting Parties can learn from each other's solutions to common and individual nuclear safety problems and, above all, contribute to improving nuclear safety worldwide through a constructive exchange of views [es

  10. Convention on nuclear safety. Signature, ratification, acceptance, approval or accession. Status as of 17 March 1997

    International Nuclear Information System (INIS)

    1997-01-01

    The document presents the status as of 17 March 1997 of signature, ratification, acceptance, approval or accession by Member States of the Convention on Nuclear Safety adopted on 17 June 1994 by the Diplomatic Conference convened by the IAEA at its Headquarters between 14-17 June 1994. The Convention entered into force on 24 October 1996. There are 65 signatories and 35 parties. Reservations/declarations deposited upon signature are also included

  11. Convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1987-03-01

    The document presents the status of signatures and notifications of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency which entered into force on 26 February 1987, i.e. thirty days after the date (26 January 1987) on which the third State expressed its consent to be bound by the Convention. The list of signature, notification, acceptance, approval or accession by States or Organizations is given

  12. The IAEA nuclear safety conventions: an example of successful ''treaty management''?

    International Nuclear Information System (INIS)

    Handl, G.

    2003-01-01

    The nuclear safety conventions represent an advance in bringing national nuclear power activities within the ambition of international legal safety norms. They introduce a novel measure of international legal accountability for the safety of commercial nuclear power operations. But whether this system represents a successful example of treaty management defies an easy answer. Certainly, it is beyond doubt that the peer review process combines aspects of law application(enforcement/control of implementation and compliance) with lawmaking. The nuclear safety convention bear the characteristics of a political compromise that affects effectiveness. For the time being it remains unclear whether this compromise will prove acceptable in the long run or how the tension between the two contending perspectives is likely to resolve itself. (N.C.)

  13. Convention on assistance in the case of a nuclear accident or radiological emergency

    International Nuclear Information System (INIS)

    1986-11-01

    The full text of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency adopted by the General Conference at its special session from 24-26 September 1986 is presented. It is stipulated that the States Parties shall cooperate between themselves and with the Agency to facilitate prompt assistance in the event of a nuclear accident or radiological emergency to minimize its consequences and to protect life, the property and the environment from the effects of radioactive releases

  14. Senate report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees (1) sur le projet de loi, Adopte par l'Assemblee Nationale, autorisant l'adhesion a la convention internationale de 2001 sur la responsabilite civile pour les dommages dus a la pollution par les hydrocarbures de soute

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    This report recalls the different texts concerning the law of the sea: United Nations Convention on the Law of the Sea (UNCLOS) of 1982 which was ratified by France in 1996, the International Convention on Civil Liability for Oil Pollution of 1992, the creation of the International Oil Pollution Compensation Funds, and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea (HNS) in 1996. While evoking some recent examples of wrecks and pollutions and some already existing French and European initiatives, it describes the implications and consequences of this convention on the French law and for its enforcement, provided that this new treaty is designed to take bunker oil into account as it may induce a significant pollution of the marine environment

  15. Act of 19 June 1974 on Compensation for Nuclear Damage

    International Nuclear Information System (INIS)

    1974-01-01

    This Act which came into force on 18 September 1974 replaces the nuclear third party liability provisions of the 1962 Act on nuclear installations. Its adoption enabled the Danish Government to ratify the 1960 Paris Convention and the 1963 Brussels Supplementary Convention. In accordance with the principles prescribed by these Conventions, the Act establishes an absolute and limited third party liability system (75 million Danish Krone) and compulsory insurance for the operator of a nuclear installation situated in Denmark. In certain conditions, the State may have to intervene to ensure compensation of nuclear damage exceeding the financial security provided by the operator liable. (NEA) [fr

  16. Nuclear insurance problems in Spain

    International Nuclear Information System (INIS)

    Gomez del Campo, Julian.

    1977-01-01

    The purpose of this paper is to study the problems raised in Spain by third party liability insurance for nuclear damage. National law in this field is based on the Paris Convention on nuclear third party liability and defines the conditions of liability of operators of nuclear installations. The insurance contract requirements must comply with the regulations on cover for nuclear risks, under the control of the Finance Ministry's competent services. Certain exceptional nuclear risks which cannot be covered entirely by ordinary insurance policies, are taken over by the Consorcio de Compensacion de Seguros which belongs to this Ministry. From the insurance viewpoint, the regulations make a distinction between nuclear and radioactive installations and nuclear transport. (NEA) [fr

  17. Ecological impacts and damage - comparison of selected components for nuclear and conventional power plants (example of Mochovce nuclear power plant)

    International Nuclear Information System (INIS)

    Bucek, M.

    1984-01-01

    A comparison is given of ecological damage for the nuclear power plant in Mochovce and a conventional power plant with the same power. Ecological effects and damage are divided into three groups: comparable damage, ecological damage caused only by conventional power plants and ecological damage caused only by nuclear power plants. In the first group the factors compared are land requisition, consumption of utility water and air consumption. In the second group are enumerated losses of crops (cereals, sugar beet, potatoes, oleaginous plants) and losses caused by increased disease rate owing to polluted environment by conventional power plants. In the third group health hazards are assessed linked with ionizing radiation. Also considered are vent stack escapes. (E.S.)

  18. Act N0 68-1045 of 29 November 1968 amending Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

    International Nuclear Information System (INIS)

    1968-01-01

    This Act amends the 1965 Act, in particular by specifying that the maximum amount of liability of the operator of a foreign nuclear ship is that fixed by the legislation of the State concerned, unless otherwise agreed with that State, but may in no case be lower than that set out in the 1965 Act, namely 500 million French francs. (NEA) [fr

  19. Nuclear and conventional techniques applied to the analysis of Purhepecha metals of the Pareyon collection

    International Nuclear Information System (INIS)

    Mendez, U.; Tenorio C, D.; Ruvalcaba, J.L.; Lopez, J.A.

    2005-01-01

    The main objective of this investigation was to determine the composition and microstructure of 13 metallic devices by means of the nuclear techniques of PIXE, RBS and conventional; which were elaborated starting from copper and gold, and they were in the offering of a tarasc personage located in the 'Matamoros' porch in Uruapan, Michoacan, Mexico. (Author)

  20. Analysis of the Convention on Nuclear Safety and Suggestions for Improvement

    International Nuclear Information System (INIS)

    Choi, K. S.; Viet, Phuong Nguyen

    2013-01-01

    The innovative approach of the Convention, which is based on incentive after than legal binding, had been considered successful in strengthening the nuclear safety worldwide. However, the nuclear accident at the Fukushima Dai-ichi Nuclear Power Plant (Japan) in March 2011 has exposed a number of weaknesses of the Convention. Given that context, this paper will analyse the characteristics of the CNS in order to understand the advantages and disadvantages of the Convention, and finally to suggest some possible improvements. The analysis in this paper shows that the incentive approach of the CNS has succeeded in facilitating the active roles of its Contracting Parties in making the National Reports and participating in the peer review of these reports. However, the incoherent quality of the National Reports, the different level of participation in the peer review process by different Contracting Parties, and the lack of transparency of the peer review have undermined the effectiveness of the Convention in strengthening the international safety regime as well as preventing serious regulatory errors that had happened in Japan before the Fukushima accident. Therefore, the peer review process should be reformed into a more transparent and independent direction, while an advisory group of regulators within the CNS might also be useful in improving the effectiveness of the Convention as already proven by the good practice in the European Union. Only with such effective change, the CNS can maintain its pivotal role in the international safety regime

  1. Decree of the State Office of Nuclear Safety No. 324/1999 of 6 December 1999 laying down limits of nuclear material concentrations and amounts that are exempt from nuclear liability provisions

    International Nuclear Information System (INIS)

    1999-01-01

    The limits are laid down for concentrations and amounts of nuclear material which, during the transport or use beyond a nuclear facility, is exempt from nuclear liability owing to the low extent of risk associated with it. The Annex lays down the following specifications: (1) Concentration limits for all radionuclides in terms of activity limits. (1a) The total activity of nuclear material containing one or more radionuclides in the same group shall not exceed the following limits (group, radionuclide in group with A 2 value, activity limit): 1, ≤ 370 MBq, 74 GBq; 2, > 370 MBq and ≤ 37 GBq, 740 GBq; 3, > 37 Bq and ≤ 3.7 TBq, 7.4 TBq; 4, >3.7 TBq and ≤ 37 TBq, 185 TBq; and 5, > 37 TBq, 1.85 PBq. (1b) Unidentified radionuclides are regarded as group 1. (1c) The total activity of radionuclides which are not special form radionuclide emitters shall not exceed 18.5 TBq. (1d) If the nuclear material involves special form radionuclide emitters and radionuclides other than special form radionuclide emitters or such radionuclides in different groups, irrespective of whether contained in separate packages or in a common package, the sum of quotients obtained by dividing the activity of each of the radionuclides by the corresponding limit shall not exceed 1. If the individual activities are unknown, the lowest of the above limits shall be applied to any of the radionuclides. (2) Limits for special fission materials and Pu 241. (2a) For nuclear material containing a single radionuclide (radionuclide, limit in grams): Pu 239, 375; Pu 241, 375; U 233, 375; U 235, 600. (2b) For nuclear material containing more than one radionuclide, the weight limit is determined by the sum of quotients obtained by dividing the weight of each of the radionuclides by the corresponding limit as given above. The sum of quotients shall not exceed 1. (P.A.)

  2. NO global warming = YES nuclear energy. The International Nuclear Forum and the United Nations Framework Convention on Climate Change

    International Nuclear Information System (INIS)

    Cornish, Emma

    2000-01-01

    The nuclear industry sits along side the renewable energy sector in its role as a non carbon emitting technology. But persuading international political leaders of this fact presents a challenge. Generating electricity from nuclear fuel avoids at least 2 billion tonnes of carbon dioxide every year through its 16% share of world wide electricity generation. Nuclear energy is essential to minimising greenhouse gas emissions. This presentation highlights the main issues resulting from the climate change negotiations that are highly relevant to the industry; explains the activities of the International Nuclear Forum and our interaction with the delegates to the process; outlines future activities. The International Nuclear Forum (INF) was formed to provide a collective voice lobbying for nuclear at the climate change negotiations. It's internationally representative of the industry and comprises of: the Uranium Institute; the Nuclear Energy Institute; the Japan Atomic Industry Forum; the Canadian Nuclear Association; the European Nuclear Society, and Foratom. All are accredited non governmental observers to the negotiations of the United Nations Framework Convention on Climate Change

  3. The Path to Deep Nuclear Reductions. Dealing with American Conventional Superiority

    Energy Technology Data Exchange (ETDEWEB)

    Gormley, D.M.

    2009-07-01

    The transformation of the U.S. conventional capabilities has begun to have a substantial and important impact on counter-force strike missions particularly as they affect counter-proliferation requirements. So too have improvements in ballistic missile defense programs, which are also critically central to U.S. counter-proliferation objectives. These improved conventional capabilities come at a time when thinking about the prospects of eventually achieving a nuclear disarmed world has never been so promising. Yet, the path toward achieving that goal, or making substantial progress towards it, is fraught with pitfalls, including domestic political, foreign, and military ones. Two of the most important impediments to deep reductions in U.S. and Russian nuclear arsenals - no less a nuclear disarmed world - are perceived U.S. advantages in conventional counter-force strike capabilities working in combination with even imperfect but growing missile defense systems. The Barack Obama administration has already toned down the George W. Bush administration's rhetoric surrounding many of these new capabilities. Nevertheless, it is likely to affirm that it is a worthy goal to pursue a more conventionally oriented denial strategy as America further weans itself from its reliance on nuclear weapons. The challenge is to do so in the context of a more multilateral or collective security environment in which transparency plays the role it once did during the Cold War as a necessary adjunct to arms control agreements. Considerable thought has already been devoted to assessing many of the challenges along the way to a nuclear-free world, including verifying arsenals when they reach very low levels, more effective management of the civilian nuclear programs that remain, enforcement procedures, and what, if anything, might be needed to deal with latent capacities to produce nuclear weapons.1 But far less thought has been expended on why Russia - whose cooperation is absolutely

  4. The Path to Deep Nuclear Reductions. Dealing with American Conventional Superiority

    International Nuclear Information System (INIS)

    Gormley, D.M.

    2009-01-01

    The transformation of the U.S. conventional capabilities has begun to have a substantial and important impact on counter-force strike missions particularly as they affect counter-proliferation requirements. So too have improvements in ballistic missile defense programs, which are also critically central to U.S. counter-proliferation objectives. These improved conventional capabilities come at a time when thinking about the prospects of eventually achieving a nuclear disarmed world has never been so promising. Yet, the path toward achieving that goal, or making substantial progress towards it, is fraught with pitfalls, including domestic political, foreign, and military ones. Two of the most important impediments to deep reductions in U.S. and Russian nuclear arsenals - no less a nuclear disarmed world - are perceived U.S. advantages in conventional counter-force strike capabilities working in combination with even imperfect but growing missile defense systems. The Barack Obama administration has already toned down the George W. Bush administration's rhetoric surrounding many of these new capabilities. Nevertheless, it is likely to affirm that it is a worthy goal to pursue a more conventionally oriented denial strategy as America further weans itself from its reliance on nuclear weapons. The challenge is to do so in the context of a more multilateral or collective security environment in which transparency plays the role it once did during the Cold War as a necessary adjunct to arms control agreements. Considerable thought has already been devoted to assessing many of the challenges along the way to a nuclear-free world, including verifying arsenals when they reach very low levels, more effective management of the civilian nuclear programs that remain, enforcement procedures, and what, if anything, might be needed to deal with latent capacities to produce nuclear weapons.1 But far less thought has been expended on why Russia - whose cooperation is absolutely

  5. Heat treatments in a conventional steel to reproduce the microstructure of a nuclear grade steel

    International Nuclear Information System (INIS)

    Rosalio G, M.

    2014-01-01

    The ferritic steels used in the manufacture of pressurized vessels of Boiling Water Reactors (BWR) suffer degradation in their mechanical properties due to damage caused by the neutron fluxes of high energy bigger to a Mega electron volt (E> 1 MeV) generated in the reactor core. The materials with which the pressurized vessels of nuclear reactors cooled by light water are built correspond to low alloy ferritic steels. The effect of neutron irradiation on these steels is manifested as an increase in hardness, mechanical strength, with the consequent decrease in ductility, fracture toughness and an increase in temperature of ductile-brittle transition. The life of a BWR is 40 years, its design must be considered sufficient margin of safety because pressure forces experienced during operation, maintenance and testing of postulated accident conditions. It is necessary that under these conditions the vessel to behave ductile and likely to propagate a fracture is minimized. The vessels of light water nuclear reactors have a bainite microstructure. Specifically, the reactor vessels of the nuclear power plant of Laguna Verde (Veracruz, Mexico) are made of a steel Astm A-533, Grade B Class 1. At present they are carrying out some welding tests for the construction of a model of a BWR, however, to use nuclear grade steel such as Astm A-533 to carry out some of the welding tests, is very expensive; perform these in a conventional material provides basic information. Although the microstructure present in the conventional material does not correspond exactly to the degree of nuclear material, it can take of reference. Therefore, it is proposed to conduct a pilot study to establish the thermal treatment that reproduces the microstructure of nuclear grade steel, in conventional steel. The resulting properties of the conventional steel samples will be compared to a JRQ steel, that is a steel Astm A-533, Grade B Class 1, provided by IAEA. (Author)

  6. A new international convention against terrorism: the International Convention for the Suppression of Acts of Nuclear Terrorism. Full text in French, English and Spanish. Introduction to the main elements of the convention

    International Nuclear Information System (INIS)

    Laborde, Jean-Paul; )

    2005-01-01

    The International Convention for the Suppression of Acts of Nuclear Terrorism is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of September 2016, the convention has 115 signatories and 106 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States. The Convention covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors; covers threats and attempts to commit such crimes or to participate in them, as an accomplice; stipulates that offenders shall be either extradited or prosecuted; encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings; and, deals with both crisis situations, assisting States to solve the situations and post-crisis situations by rendering nuclear material safe through the International Atomic Energy Agency (IAEA)

  7. Second review meeting of the Contracting Parties to the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    Rafferty, Barbara

    2002-01-01

    The Second Review Meeting of the Contracting Parties to the Convention on Nuclear Safety was held in the Headquarters of the International Atomic Energy Agency in Vienna from 15-26 April 2002, under the chairmanship of the President, Mr Miroslav Gregoric, Director of the Slovenian Nuclear Safety Authority. The Convention on Nuclear Safety entered into force in October 1996, has been signed by sixty-five States and ratified by fifty-four, bringing within its scope 428 of the 448 nuclear reactors worldwide. The Convention aims to achieve and maintain a high level of nuclear safety worldwide, through inter alia enhancement of national measures and international co-operation. Obligations on Contracting Parties in accordance with the Convention include: the establishment and maintenance of a legislative and regulatory framework to govern the safety of land-based civil nuclear installations; the allocation of adequate financial and human resources to support the safety objectives; ensuring that all reasonably practicable improvements to safety are made as a matter of urgency. Adherence to this Convention entails two basic commitments by each Contracting Party: to prepare and make available a national report for review; and to subject its national report to a peer review by the other Contracting Parties. Thus, being a Contracting Party to this Convention involves: including in the national report a self-assessment of steps and measures already taken and in progress to implement the Convention obligations; taking an active part in an open and transparent review of its national report and the Reports of other Contracting Parties; and a commitment to a continuous learning and improving process, something which is a key element of a strong safety culture. The peer review of national reports takes place every three years, the first having been held in 1999. The Second Review Meeting was attended by delegates from 46 contracting parties. During the review certain issues were

  8. Insurance of operators liability: the reality principle

    International Nuclear Information System (INIS)

    Allegre, J.

    2000-01-01

    The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

  9. Cost comparison of dry-type and conventional cooling systems for representative nuclear generating plans

    International Nuclear Information System (INIS)

    Rossie, J.P.; Cecil, E.A.; Young, R.O.

    1974-01-01

    Results are presented of studies comparing the use of dry-type cooling towers with conventional cooling methods for representative pressurized-water-reactor nuclear power plants. The studies were based on the hypothetical use of dry-type cooling towers for three nuclear power plants now under construction which were designed and are being built to use conventional cooling methods. One of the plants is located in the northeastern United States, one in the Southeast and one in the West. The report also presents the results of comparisons based on a hypothetical plant at a typical eastern United States site. The three electric utilities which participated in these studies have furnished actual construction cost information for the conventional cooling systems being constructed, and the authors have made construction estimates for economically optimum dry cooling systems which might have been built in place of the conventional cooling systems being constructed. The report compares the physical and operating characteristics of dry-type and conventional cooling systems as well as the relative economics of the different cooling methods. The effect of dry cooling on the bus-bar cost of power has been computed for the three selected plants and for the typical eastern plant

  10. Development of conventional fatigue database for structure materials of nuclear power plant

    International Nuclear Information System (INIS)

    Yang Bing

    2002-01-01

    Management system of the conventional fatigue database for structure materials of nuclear power plant (NPP) is developed. The database included the parameters of design curves, i.e., the stress-life, survival probability-stress-life, strain-life, survival probability-strain-life, stress-strain and survival probability-stress-strain curves, and corresponding information of materials and testing conditions. Two ways, by materials name or by the inter-bounds of material mechanical properties, are constructed to search the database. From the searched information it can be conveniently performed of the conventional fatigue design analysis and reliability assessment of structures

  11. France - Convention on Nuclear Safety. Fourth National Report Issued for the 2008 Peer Review Meeting

    International Nuclear Information System (INIS)

    2007-01-01

    The Convention on Nuclear Safety, hereinafter referred to as 'the Convention', is one of the results of international discussions initiated in 1992 with the aim of proposing binding international obligations regarding nuclear safety. France signed the Convention on 20 September 1994, the date on which it was opened for signature during the IAEA's General Conference, and approved it on 13 September 1995. The Convention entered into force on 24 October 1996. For many years France has been participating actively in international initiatives to enhance nuclear safety, and it considers the Convention on Nuclear Safety to be an important instrument for achieving this aim. The areas covered by the Convention have long been part of the French approach to nuclear safety. This report, the fourth of its kind, is issued in compliance with Article 5 of the Convention on Nuclear Safety and presents the measures taken by France to fulfil each of the obligations of the Convention. As such, the Convention on Nuclear Safety applies to nuclear power reactors, and so most of this report deals with measures taken to ensure their safety. However, in this fourth report, as in the third, France has decided to include the measures taken concerning all research reactors, with a graded approach tailored to their size where appropriate. First of all, research reactors are subject to the same general regulations as nuclear power reactors with regard to nuclear safety and radiation protection. Furthermore, the most powerful research reactor also generates electricity. Secondly, in the reports under the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, to which France is a party, the measures taken for research reactors in these areas have been described. Finally, in March 2004 the IAEA Board of Governors, on which France has a seat, approved the Code of Conduct on the Safety of Research Reactors, which incorporates most of the

  12. France - Convention on Nuclear Safety. Sixth National report for the 2014 review meeting

    International Nuclear Information System (INIS)

    2013-07-01

    The Convention on Nuclear Safety, hereinafter referred to as 'the Convention', is one of the results of international discussions initiated in 1992 in order to contribute to maintaining a high level of nuclear safety worldwide. The convention sets a number of nuclear safety objectives and defines measures to meet them. France signed the Convention on 20 September 1994, the date on which it was opened for signature during the IAEA General Conference, and approved it on 13 September 1995. The Convention entered into force on 24 October 1996. For many years France has been participating actively in international initiatives to enhance nuclear safety. It considers the Convention on Nuclear Safety to be an important instrument for achieving this aim. The areas covered by the Convention have long been part of the French approach to nuclear safety. The purpose of this sixth report, which was drafted pursuant to Article 5 of the Convention and which covers the period 2010 to mid-2013, is to present the measures taken by France in order to fulfil each of its obligations as specified in the said Convention. Since the Convention applies to all nuclear-power generating reactors most of this report is dedicated to the measures taken in order to ensure their safety. However, as in previous reports, France has decided in this sixth report also to present the measures that were taken for all research reactors. First of all, research reactors are actually subject to the same overall regulations as nuclear-power reactors with regard to safety and radiation protection. Then, within the framework of the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, to which France is a Contracting Party, an account was made of the measures taken in those respective fields with regard to research reactors. Lastly, the Board of Governors of the International Atomic Energy Agency (IAEA), of which France is a member, in March 2004 approved the Code

  13. France - convention on nuclear safety. Fifth national report for the 2011 peer review meeting

    International Nuclear Information System (INIS)

    2010-01-01

    The Convention on Nuclear Safety, hereinafter referred to as 'the Convention', is one of the results of international discussions initiated in 1992 in order to contribute maintaining a high level of nuclear safety worldwide. The convention aims to propose binding international obligations regarding nuclear safety. France signed the Convention on 20 September 1994, the date on which it was opened for signature during the IAEA's General Conference, and approved it on 13 September 1995. The Convention entered into force on 24 October 1996. For many years France has been participating actively in international initiatives to enhance nuclear safety, and it considers the Convention on Nuclear Safety to be an important instrument for achieving this aim. The areas covered by the Convention have long been part of the French approach to nuclear safety. The purpose of this fifth report, which was drafted pursuant to Article 5 of the Convention on Nuclear Safety, is to present the measures taken by France in order to fulfil each of her obligations as specified in the said Convention. Since the Convention applies to all nuclear-power generating reactors, most of this report is dedicated to the measures taken in order to ensure their safety. However, as in previous reports, France has decided to present also in this fifth report, the measures that were taken for all research reactors, together with a graduated approach, if need be, for taking their size into account. First of all, research reactors are actually submitted to the same overall regulations as nuclear-power reactors with regard to safety and radiation protection. It should be noted that the most powerful French research reactor, called Phenix, which also used to produce electricity, was disconnected from the grid in March 2009, but continued to run an 'ultimate-test programme' until 1 February 2010. Later, in the framework of the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive

  14. Projected costs of nuclear and conventional base load electricity generation in some IAEA Member States

    International Nuclear Information System (INIS)

    1990-09-01

    The cost of nuclear and conventional electricity is one of the most important parameters for power system planning, and in particular for decisions on base load power projects. This study reviews the projected levelized electricity generation costs of the base load power generation options expected to be available in the medium term, using an agreed common economic methodology. Cost projections were obtained and evaluated for nuclear and fossil fuelled (mainly coal-fired) plants that could be commissioned in the mid- to late 1990s in 10 IAEA Member States. 27 refs, figs and tabs

  15. Implementation of the obligations of the Convention on Nuclear Safety. The first Swiss report in accordance with Article 5

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-09-01

    This report is issued according to Article 5 of the International Convention on Nuclear Safety. It has been produced by the Swiss Federal Nuclear Safety Inspectorate. Before submission to the Federal Department of Environment, Transport, Energy and Communication, the report has been commented by the Federal Office of Energy (BFE/OFEN), the Swiss Federal Nuclear Safety Commission (KSA/CSA), and the Swiss nuclear power plants of Beznau, Leibstadt and Muehleberg. The Goesgen nuclear power plant has chosen not to comment on the report. The introduction to the report provides general information about Switzerland, a brief political history of nuclear power and an overview of the nuclear facilities in Switzerland. In the subsequent sections, numbered after the Articles 6 to 19 of the Convention on Nuclear Safety, key aspects are commented on in such a way as to give a clear indication on how the various duties imposed by the Convention are fulfilled in Switzerland.

  16. Implementation of the obligations of the Convention on Nuclear Safety. The first Swiss report in accordance with Article 5

    International Nuclear Information System (INIS)

    1998-09-01

    This report is issued according to Article 5 of the International Convention on Nuclear Safety. It has been produced by the Swiss Federal Nuclear Safety Inspectorate. Before submission to the Federal Department of Environment, Transport, Energy and Communication, the report has been commented by the Federal Office of Energy (BFE/OFEN), the Swiss Federal Nuclear Safety Commission (KSA/CSA), and the Swiss nuclear power plants of Beznau, Leibstadt and Muehleberg. The Goesgen nuclear power plant has chosen not to comment on the report. The introduction to the report provides general information about Switzerland, a brief political history of nuclear power and an overview of the nuclear facilities in Switzerland. In the subsequent sections, numbered after the Articles 6 to 19 of the Convention on Nuclear Safety, key aspects are commented on in such a way as to give a clear indication on how the various duties imposed by the Convention are fulfilled in Switzerland

  17. Economy analysis on vertical layout of conventional island of nuclear power plant

    International Nuclear Information System (INIS)

    Wang Xuefeng; Liu Xiaoyun; Liu Jinwei

    2011-01-01

    This paper briefly introduces the aboveground layout scheme and integral sinking layout scheme of conventional island of nuclear power plants. Technological-economic analysis formula are given, as a result, main factors influencing scheme selection is obtained. Determination of the layout scheme selection and optimization direction through the curve between the accumulative NPV and related factors is brought forward. The paper carries out the technological-economic comparison to the two schemes referred to a 1000 MW level nuclear power project as the example, getting the curve between the accumulative NPV and the plant ground elevation, and offering the method of selecting the vertical layout scheme of conventional island and vertical layout optimization direction. (authors)

  18. Notes on implementation of IAEA Convention on Early Notification of a Nuclear Accident (CENNA)

    International Nuclear Information System (INIS)

    Camilleri, A.

    1989-01-01

    The communication arrangements adopted to implement the Convention on Early Notification of a Nuclear Accident (CENNA) are discussed. Central to these is the global Telecommunications system (GTS) of the World Meteorological Organisation (WMO). The GTS has a global structure and proven reliability and it operates 24 hours a day and the WMO has agreed to its being used to disseminate the information specified in CENNA relevant to minimising the radiological consequences of an accident. It has been necessary for individual states to arrange for a Telecommunications link between the nearest GTS entry point (normally at a national meteorological office) and the national authority responsible for receiving and issuing notifications under the international nuclear safety conventions. A telecommunications link is in place between the IAEA's Vienna headquarters and the WMO in Vienna. The system was tested with a series of five trial transmissions conducted in January - February 1988. 3 figs

  19. Insurance of nuclear risk

    International Nuclear Information System (INIS)

    Lacroix, M.

    1976-01-01

    Insurance for large nuclear installations covers mainly four types of risk: third party liability which in accordance with the nuclear conventions, is borne by a nuclear operator following an incident occurring in his installation or during transport of nuclear substances; material damage to the installation itself, which precisely is not covered by third party liability insurance; machinery breakdown, i.e. accidental damage or interruption of operation. Only the first category must be insured. In view of the magnitude of the risk, nuclear insurance resorts to co-insurance and reinsurance techniques which results in a special organisation of the nuclear insurance market, based on national nuclear insurance pools and on the Standing Committee on Atomic Risk of the European Insurance Committee. Conferences of the chairmen of nuclear insurance pools are convened regularly at a worldwide level. (NEA) [fr

  20. Risk of nuclear damage

    International Nuclear Information System (INIS)

    Kienzl, K.

    1997-01-01

    , the Act on Third party Liability for Damages from Nuclear Incidents of the year 1964 being the most important piece of legislation. She underlined that the Austrian nuclear liability law does in no way come up to the potential damage inherent to nuclear installations. This could be simply illustrated by the fact that in the event of a nuclear incident liability is limited to ATS 500 million and operators of nuclear installations are granted generous privileges limiting their liability, such as establishing a maximum amount of liability coverage even in the case of damage arising from gross negligence, or limited liability to provide compensation for any personal injury or any loss of, or damage to, property. The Austrian liability law does not consider the potential danger originating from foreign nuclear installations and hence does not cover damage resulting therefrom. As a response to the Chernobyl disaster the Standing Committee on Nuclear Liability of the IAEO has since 1989 been trying to improve compensation for victims from nuclear incidents as laid down in existing nuclear liability conventions. As a consequence, the Vienna Convention was revised to include a guaranteed liability coverage of 150 million SDRs (US $ 216 million). Another outcome of the negotiations was the Supplementary Funding Convention under which - in addition to the insurance coverage - per nuclear incident the Installation state has to ensure the availability of 300 million SDRs, the Contracting Parties are to make available another 300 million SDR on the basis of joint and several liability, half of the amount being earmarked for compensation of transboundary damage. (author)

  1. [Effectiveness of conventional diagnostic radiology and nuclear medicine in the treatment of pain from bone metastases].

    Science.gov (United States)

    Genovese, Eugenio Annibale; Mallardo, Vania; Vaccaro, Andrea; Santagata, Mario; Raucci, Antonio; D'Agosto, Gianfranco; Fontanarosa, Antonio; Schillirò, Francesco

    2013-01-01

    Bone is one of the most common metastasis sites from solid tumors. Bone pain due to metastatic neoplastic growth is due to tumor infiltration and expansion of bone membranes. Treatment of acute and chronic pain represents one of the greatest problems in clinical oncology, requiring a multidisciplinary approach. This review focuses on the effectiveness of conventional diagnostic radiology and nuclear medicine for the detection, management and treatment of pain from bone metastasis.

  2. Expert system and knowledge acquisition technology in ENEA program on nuclear and conventional energy production processes

    International Nuclear Information System (INIS)

    Balducelli, C.; Federico, A.; Sapia, R.Di.

    1990-01-01

    On the basis of some experiences performed in ENEA (Thermal Reactor Department) revelant to the project and development of experts systems to support the operator activities in nuclear and conventional energy production processes, the paper tries to point out the outline of a 'generic' plant operator cognitive structure. For this type of expert systems an implementation strategy and a knowledge elicitation methodology are proposed with the intention of giving a support to the knowledge engineer work

  3. Process data validation according VDI 2048 in conventional and nuclear power plants

    International Nuclear Information System (INIS)

    Langenstein, M.; Laipple, B.; Schmid, F.

    2004-01-01

    Process data validation according VDI 2048 in conventional and nuclear power plants is required for acceptance testing, process and component monitoring, and status-oriented maintenance. Once a validation system like VALI III has been certified according to VDI 2048, power plant owners can use the data obtained for efficiency increase. Further, all control variables can be adjusted so as to ensure maximum plant efficiency. (orig.)

  4. Bill project authorizing the approval of the amendment to the convention on physical protection of nuclear material - Nr 11

    International Nuclear Information System (INIS)

    Ayrault, Jean-Marc; Fabius, Laurent

    2012-01-01

    This document contains the brief text of the bill project and the text of the amendment to the Convention on physical protection of nuclear material which has been adopted in Vienna in August 2005 to amend the Convention adopted in October 1979. This amendment introduces the following measures: extension of the scope of application of the Convention to nuclear materials used for peaceful purposes, definition of the objectives of the Convention, articulation of the Convention with other international instruments, definition of the main principles of physical protection, strengthened international cooperation, legal issues concerning extradition and legal cooperation

  5. Topical opinion paper - Apparent Discrepancies Between Nuclear and Conventional Seismic Standards

    International Nuclear Information System (INIS)

    Donald, John; Smith, Ian

    2003-01-01

    The differences between nuclear and conventional seismic standards are considered and their potential significance discussed. The approach to the design of nuclear facilities is appropriately both more rigorous and conservative than that required by conventional seismic standards and codes. For nuclear seismic design the requirements can be presented as assessment principles, e.g., NII SAPs or a safety guide e.g. IAEA; Seismic Design and Qualification for Nuclear Power Plants. The adoption of novel methods or designs are required to be supported by appropriate research and development with the ability to cite a precedent within the industry being a powerful endorsement. The method adopted must reliably predict the seismic response of the item to be qualified, including the seismic response of attached or supported Structures, Systems and Components. (SSC's) The traditional method adopted for seismic qualification by analysis has been based on linear elastic analyses. This is justified on the basis that the response is reliably predicted and realistic, provided that the elements remain elastic. In contrast the benefit of ductile behaviour of conventional structures within the design envelope has long been recognised and used as the basis to justify significant reductions in the seismic demand. Provided the acceptance criteria are met, the SAPs do not preclude and the IAEA safety guide specifically permits non linear behaviour within the design envelope for category 1 items. Both the current nuclear practice and the current conventional seismic standards can be classified as 'force based'. The displacement based approach, also referred to as performance based engineering (PBE), has been developed as a powerful tool in the evaluation and seismic retrofit of existing structures. This approach could be equally valid to the design of new structures and can be used to represent elastic or non linear behaviour although the full benefit will only be realised in the latter

  6. National report of the Slovak Republic. Compiled in terms of the convention on nuclear safety. May 2007

    International Nuclear Information System (INIS)

    Balaj, J.; Konecny, L.; Rovny, J.; Metke, E.; Zemanova, D.; Turner, M.; Pospisil, M.; Jurina, V.; Rivny, I.; Soltes, L.; Petrik, T.; Petrovic, J.; Fazekasova, H.; Kobzova, D.; Trcka, T.; Maudry, J.; Betak, A.; Capkovic, J.

    2007-05-01

    A brief national safety report of the Slovak Republic compiled in terms of the joint convention on nuclear safety in 2007 is presented. This safety report consists of following chapters: (1) Introduction; (2) Nuclear installations in the Slovak Republic in terms of the Convention; (C) Scope of application; (3) Legislation and regulation; (4) General safety aspects; (5) Safety of nuclear installations in Slovakia; (6) Annexes

  7. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic

    International Nuclear Information System (INIS)

    2002-01-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  8. The convention on supplementary compensation for nuclear damage and asian states: the advantages and disadvantages of Korea's adherence to the convention

    International Nuclear Information System (INIS)

    Park, K.G.

    2000-01-01

    This paper intends to make some assessments of the advantages and disadvantages which would result from Korea's ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC), opened for signature on 29 September 1997 in Vienna, Austria. I have presented elsewhere a view on the creation of an Asian regional regime in the event of a transboundary nuclear accident, but here I will focus on the applicability of a global regime especially to Asian States. (author)

  9. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  10. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor

    CERN Document Server

    Int. At. Energy Agency, Wien

    2002-01-01

    This document describes the specific dispositions relative to the nuclear reactor domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  11. SFEN Annual Convention 2012 - The nuclear energy one year after Fukushima. Proceedings

    International Nuclear Information System (INIS)

    2012-03-01

    This document brings together the available presentations given at the 2012 edition of the Annual Convention of the French society of nuclear energy (SFEN) on the topic of nuclear energy one year after Fukushima. Twenty four presentations (slides) are compiled in this document: 1 - Presentation and introduction of the Annual Convention (Luc Oursel - SFEN President); 2 - Status of onsite/offsite remedial actions, key lessons learned (Akira Omoto, Tokyo univ., Japan Atomic Energy Commission); 3 - Complementary Safety Assessments (CSA) of the French NPP fleet (Dominique Miniere, EDF); 4 - Speech of M. Francois Fillon - Prime Minister; 5 - CSA of the fuel cycle facilities (Philippe Knoche, Areva); 6 - CSA of the EPR (Bertrand de l'Epinois, Areva; Jean-Luc Foret, EDF CNEN); 7 - The collective responsibility of the operators: the action of WANO (Laurent Stricker, WANO); 8 - Conclusions of French Nuclear Safety Authority (ASN) - Safety measures to be strengthened; 9 - Opinion no. 2012-AV-013 from January 3, 2012 of the French Nuclear Safety Authority - ASN (Sophie Mourlon, ASN; Caroline Lavarenne, IRSN); 10 - Nuclear energy: an energy for the future (Bernard Bigot, CEA); 11 - The nuclear phaseout in Germany from the view of German industry (Eberhard von Rottenburg, BDI); 12 - Prospects in China (Wei Lu, CGNP Europe); 13 - Industry Current Status and its Prospects in the United States (J. Spina, CENG); 14 - Nuclear energy prospects in France: recommendations of the Commission 'Energy 2050' (Jacques Percebois, Creden); 15 - Electrical generation system efficiency and economy (Yves Giraud, EDF); 16 - Electrical generation systems and distribution networks (Herve Mignon, Rte); 17 - Prospects in the UK (Tim Stone, DECC/OND, Senior Adviser to the Secretary of State); 18 - Climatic changes and energy policy (Laura Cozzi, IEA); 19 - The young nuclear professionals network (Boris Supiot, SFEN Young Generation Group); 20 - Socio-economic impacts of the nuclear power industry in

  12. Question of right to stay of nuclear-powered vessels in foreign ports

    International Nuclear Information System (INIS)

    Szafranek, J.

    1976-01-01

    Question of right to stay of nuclear-powered vessels in foreign ports is considered in the light of London Convention on Safety of Life at Sea, Brussels Convention on Liability for Operation of Nuclear Ships and bilateral agreements. (Z.M.)

  13. International pooling of operators' funds: an option to increase the amount of financial security to cover nuclear liability?

    International Nuclear Information System (INIS)

    Pelzer, N.

    2007-01-01

    This paper aims at answering the question whether international pooling of operators funds could open a viable avenue to complement financial security provided by insurance and thus to either fill gaps in insurance coverage or increase amount of compensation for nuclear damage. (author)

  14. Accident consequence analysis models applied to licensing process of nuclear installations, radioactive and conventional industries

    International Nuclear Information System (INIS)

    Senne Junior, Murillo; Vasconcelos, Vanderley de; Jordao, Elizabete

    2002-01-01

    The industrial accidents happened in the last years, particularly in the eighty's decade, had contributed in a significant way to call the attention to government authorities, industry and society as a whole, demanding mechanisms for preventing episodes that could affect people's safety and environment quality. Techniques and methods already thoroughly used in the nuclear, aeronautic and war industries were then adapted for performing analysis and evaluation of the risks associated to other industrial activities, especially in the petroleum, chemistry and petrochemical areas. Some models for analyzing the consequences of accidents involving fire and explosion, used in the licensing processes of nuclear and radioactive facilities, are presented in this paper. These models have also application in the licensing of conventional industrial facilities. (author)

  15. Nuclear characteristics of the endometrial cytology: liquid-based versus conventional preparation.

    Science.gov (United States)

    Norimatsu, Yoshiaki; Shigematsu, Yumie; Sakamoto, Shingo; Ohsaki, Hiroyuki; Yanoh, Kenji; Kawanishi, Namiki; Kobayashi, Tadao K

    2013-02-01

    The aim of this study was to assess the utility of liquid-based cytologic preparation (LP) compared with conventional preparation (CP) for the assessment of nuclear findings in endometrial glandular and stromal breakdown (EGBD) which may be misdiagnosed as carcinoma in EGBD cases. The material consists of cytologic smears including 20 cases of proliferative endometrium (PE), 20 cases of EGBD, and 20 cases of endometrioid adenocarcinoma grade1 (G1) for which histopathological diagnosis was obtained by endometrial curettage at the JA Suzuka General Hospital. Nuclear findings were examined in PE cells, EGBD-stromal cells, EGBD-metaplastic cells, and G1 cells, respectively. It was examined about the following items; (1) nuclear shape; (2) A long/minor axis ratio in cell nuclei; (3) an area of cell nuclei; (4) overlapping nuclei. Results are as follows: (1) nuclear shape; as for the reniform shape of EGBD-stromal cells and spindle shape of EGBD-metaplastic cells, the ratio of the LP method was a higher value than the CP method. (2) The long axis and area of cell nuclei; LP in all groups was a recognizable tendency for nuclear shrinkage. (3) The long/minor axis ratio in cell nuclei; only EGBD-metaplastic cells recognize a significant difference between CP and LP. (4) Overlapping nuclei; LP was a higher value in comparison with CP in the other groups except PE cells, and the degree of overlapping nuclei was enhanced about three times. Therefore, although a cell of LP has a shrinking tendency, (1) it is excellent that LP preserves a characteristic of nuclear shape than CP; (2) a cellular characteristic becomes clearer, because three-dimensional architecture of LP is preserved of than CP. As for the standard preparation method for endometrial cytology samples, we considered that a concrete introduction of the LP method poses no problems. Copyright © 2011 Wiley Periodicals, Inc.

  16. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

  17. Differences in safety margins between nuclear and conventional design standards with regards to seismic hazard definition and design criteria

    International Nuclear Information System (INIS)

    Elgohary, M.; Saudy, A.; Orbovic, N.; Dejan, D.

    2006-01-01

    With the surging interest in new build nuclear all over the world and a permanent interest in earthquake resistance of nuclear plants, there is a need to quantify the safety margins in nuclear buildings design in comparison to conventional buildings in order to increase the public confidence in the safety of nuclear power plants. Nuclear (CAN3-N289 series) and conventional (NBCC 2005) seismic standards have different approaches regarding the design of civil structures. The origin of the differences lays in the safety philosophy behind the seismic nuclear and conventional standards. Conventional seismic codes contain the minimal requirement destined primarily to safeguard against major structural failure and loss of life. It doesn't limit damage to a certain acceptable degree or maintain function. Nuclear seismic code requires that structures, systems and components important to safety, withstand the effects of earthquakes. The requirement states that for equipment important to safety, both integrity and functionality should be ascertained. The seismic hazard is generally defined on the basis of the annual probability of exceedence (return period). There is a major difference on the return period and the confidence level for design earthquakes between the conventional and the nuclear seismic standards. The seismic design criteria of conventional structures are based on the use of Force Modification Factors to take into account the energy dissipation by incursion in non-elastic domain and the reserve of strength. The use of such factors to lower intentionally the seismic input is consistent with the safety philosophy of the conventional seismic standard which is the 'non collapse' rather than the integrity and/or the operability of the structures or components. Nuclear seismic standard requires that the structure remain in the elastic domain; energy dissipation by incursion in non-elastic domain is not allowed for design basis earthquake conditions. This is

  18. 20 December Act No 103 amending Act No 28 of 12 May 1972 on Nuclear Energy Activities

    International Nuclear Information System (INIS)

    1985-01-01

    This Act amended the 1972 Act to take account of the ratification by Norway of the Protocols of 1982 to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention respectively. The amendments bring the third party liability provisions of the Act in line with the Conventions as amended by the Protocols. The modifications concern, inter alia, certain definitions, conversion of the unit of account into the Special Drawing Right (SDR) of the International Monetary Fund and increases in the amount of liability assigned at State level by a factor of approximately 2.5. (NEA) [fr

  19. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor-borne

    CERN Document Server

    Int. At. Energy Agency, Wien

    2002-01-01

    This document describes the specific dispositions relative to the nuclear reactor-borne domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor-borne and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  20. Considerations about the impact of the Convention on Nuclear Safety on the regulatory action of the CNEN in Brazilian nuclear power plants

    International Nuclear Information System (INIS)

    Camargo, Claudio; Pontedeiro, Auro

    1995-01-01

    Preliminary discussion is conducted about the impact of the terms of the Convention on Nuclear safety, adopted by Diplomatic Conference in September 1994 in the International Atomic Energy Agency, on the regulatory action of Brazilian Nuclear Regulatory Body - CNEN. Following the Convention articles structure, the paper emphasizes technical aspects of the nuclear safety standards adopted in the licensing process of Brazilian Nuclear Power Plants. The recent experience in the issuance of Angra-1 NPP Permanent Operation Authorization is used to demonstrate that current safety standards in Brazil are in compliance with the international compromises and in agreement with what is expected by the so called Safety Culture. (author). 9 refs