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NUCLEAR LAW BULLETIN No. 54

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NUCLEAR LAW BULLETIN No. 54 NUCLEAR LAW BULLETIN No. 54 Contents Detailed Table of Contents Articles Case Law and Administrative Decisions National Legislative and Regulatory Activities In terna tional Regulatory Activities Agreements Texts and Reports Bibfiograph y List of Correspondents December 1994 Nuclear Energy Agency Orgatnsatlon for Econom8c Co-operatuon and Development ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT Punumt to Ant& I of the Conventton stgned m Pans on 14th December 1960 and uhtch came tnto force on 30th September 1961 the Organtsatton for Economx Co-operation and Development (OECD) shall pmmote poltctes destgned - to achtex the htghest sustatnable econwmc growth and employment and a nsmg standard of Inmg m Member c”unmes whde mn”tamtng tinattc~al stabdin and thus to contnbute t” the development of the world economy - to contnbute to swnd econormc erpanston I” Member as uell as non member co”“tn~s tn the process of economy development and - to contnbute to the expansto” of world trade on a multtlateral non-dtscnmmaton bat, tn accordance nub tntemahonal obbgatmns Tne ongmal Member cwntnes of the OECD ate Austna Be&m Canada Denmark Francs Germany Greece Iceland Ireland Italy Luxembourg the Netherlands Norway Portugal Span Sneden Suttzerland Turkey the Umted Ktngdom and the Untted States The folloumg ~o”ntna became Members subsequently through accessmn at the dates tndrcated hereafter Japan (28th qpnl 1964) Fmland (28th January 1969) Austraha (7th June 1971) New Zealand (29th Ua) 1973) and Menco (18th May 1994) The Commtssto” of the European Communtttes takes part m the uork. ot the OECD (Arttcle I3 of the OECD Conwttton) NUCLXAR ENERGY AGENCY LEGAL NOTICE Tbe Orgamsatwn for Economtc Co-operahon and Development assumes no Imbdlty concwmn~ mformahoo publsbed m tbls bulletm a OECD 1994 Apphcatlonr for pen”lSSl”” to reproduce or translate all or pan of thn pubhcauon should be made to Head of Pubbcahons Sentce OECD 2 rue Andre-Pascal 75775 PARIS CEDEX 16 France FOREWORD Thrs &we of the Bull&n contBlr)s en arttcle on the Nuclear Safety Conv~tmn. opened for signature lest September end makmg a further s&de m mtwnsbonal co-operaboo m the nodew fkhl There were many cow&es wlwch pwtmpated II) pmparatmn of the Convenboo and #IS demoostmtes the mtamabooal commumty’s d.stwmmabon to prowde for a hngh level of safety M nuclear mstallabms~ partmd.srly m Easten Europe The chap& on case lsrw mcludes a” analysrs of a decwon of the Court of Jusbce of Qntano on the consbtutwnahty of the Canadran Nuclear &a&Wy Act Thu note IS followed by hvo other commentates the first concerns aJudgment by8 Umted Kmgdam court WI the THORPnuchwr fuel rupmcessmg plant and tie second deals wrlh a recent decismn by the European Comm~ssmo mgardmg a challenge to rts common supply pobcy for nuclear mater&s Fmally, on B more pwsonsl note, I have to report that thus Bulletm will be the last m which one of rts longest-swvmg adrtors will be mvohmd Lrane Saad. who 8s retmng from the Orgamsatum has many fronds amongst Bulletm correspondents and readers. and I felt that an exceptron to our pokey of edttonal anon ymrty wasJusbiied II) order to enable us formally to mcogmse hwmvaluabJ8 contnbugon m helpmg make the BulJetm what rt IS today and to express to her our warmest thanks Patnck Reyners 3 - DETAILED TABLE OF CONTENTS ARTICLES The Convention on Nuclear Safety, by Odene Jankowitsch 9 CASE LAW CANADA Legal challenge to the Canadian Nuclear LlabMy Act 23 UNITED KINGDOM The THORP Case (1994) 34 EUROPEAN COMMISSION Common supply pokey for nuclear materials (1993) 38 ADMINISTRATIVE DECISIONS SWITZERbtND Site for a radloactwe waste repository (1994) 41 NATIONAL LEGISLATIVE AND REGULATORY ACTIVITIES ARGENTINA Decree reorgamsmg the nuclear sector (1994) 42 AUSTRALIA Amendment of the 1987 ANSTO Act (19931 43 A USTRIA Adaptanon of nuclear leglslatlon due to entry Into European Umon 44 BELGIUM Radiation protectnon and Federal Agency for Nuclear Control (1994) 45 BULGARIA AccessIon to the Vfenna ConventIon and Joint Protocol I1 994) 45 DENMARK Increase of the amount of compensation (1994) 46 FRANCE Decree settmg up OPRI (1994) 46 Decree specdyng tasks of CEA bodies (19941 47 Order on accounting of nuclear materials 11994) 47 GERMANY Seventh Act to amend the Atomic Energy Act (1994) 48 Reorgamsatlon of the rallway system (1994) 49 Second Act on cnnwnal acts agamst the enwronment (1994) 49 Foreign Trade Act amendment (1994) 49 Amendment of export and urnport ksts (19941 50 JORDAN Nuclear Energy and Radlologlcal ProtectIon Act (19871 50 5 MADAGASCAR Decree on protectton agamst ,omzmg radlatlon I1 993) 51 MEXICO Health and safety at work wth lomzmg radlatlon sources I1 9941 52 Land transport of dangerous materials and wastes (1993) 53 Classlflcatlon of nuclear articles subject to lmponlexpon ltcensmg (1994) 53 NETHERLANDS Amendment of Nuclear Energy Act (1992) 53 NICA RA GUA Act on protectton agamst tomzlng radlatlon (19931 54 POLAND Special control rules for trade III certam goods and technologies I1 993) 55 SLOVENIA Nuclear thwd party kablhty leglslatlon (1994) 55 SWITZERLAND Revwon of Atomic Energy Act and Order (1994) 57 TUNISIA Act and Decree on the NatIonal Centre for Nuclear Science and Technology (1994) 57 UNITED KINGDOM The lonwng Radlatlons (Outside Workers) Regulations (1993) 58 RadIoactIve Substances Act I1 993) 58 URUGUAY Act on approval of nuclear power plants (1991) 59 Act on radloactwe waste (19921 60 Act on envwonmental protectlo” I1 994) 60 Decree on toxic and dangerous substances I1 9941 60 INTERNATIONAL REGULATORY ACTIVITIES OECD NUCLEAR ENERGY AGENCY Meetmg on kablhty issues raised by assistance to Eastern Europe I1 994) 61 Bratislava tralmng sermnar on nuclear law (1994) 62 Collectwe expert op~mon on radlatlon protectlo” I1 994) 62 INTERNA TIONAL A TOMIC ENERGY AGENCY General Conference (1994) 63 ARAB ATOMIC ENERGY AGENCY Orgamsatlon of the Agency I1 994) 64 BILATERAL AGREEMENTS AUSTRALIA/UNITED KINGDOM Agreement on former UK nuclear sites III Austraka I1 993) 65 BULGARIA/GERMANY Agreement on co-operanon III nuclear safety and radlatlon protectlo” I1 993) 65 DPRK/USA Agreed framework between the USA and the DPRK 66 FRANC&JAPAN Agreement on co-operatao” II-I the field of radloactwe waste (1994) 66 GERMANY/UKRAINE Agreement on co-operanon I” nuclear safety and radlatlon protection I1 993) 66 6 NORWAY/UKRAINE Agreement on early notlflcatlon and lnformatlon exchange I1 994) 67 SL 0 VENlA/UNlTED STA TES Agreement on techmcal tnformatlon exchange and co-operation in nuclear safety (1993) 67 MULTILATERAL AGREEMENTS Status of Nuclear Llabtkty Conventtons 68 Status of Tlatelolco Treatv 72 TEXTS Agreed framework between the USA and the DPRK 74 REPORTS Austria’s posmon on Euratom 76 BIBLIOGRAPHY France, Netherlands, NEA, IAEA 82 LIST OF CORRESPONDENTS 85 7 ARTICLES THE CONVENTION ON NUCLEAR SAFETY by Odette Jmkowtsch * Semor Legal Office, Legal D~smn IAEA Foreword 1 The ConventIon on Nuclear Safety was opened for signature on 20 September 1994 m conjunction wth the thwty-eighth regular session of the General Conference of the IAEA 50 States slgned the ConventIon’ On 17 June 1994, It had been adopted wthout a vote by the representatwes of etghty-four countnes at the D,plomate Conference convened m Vienna by the IAEA from 14-l 7 June 1994 The ConventIon wll enter Into force on the nlnetleth day after the deposit wth the Dwector General of the IAEA of the twenty-second Instrument of ratlflcatlon, lncludmg the mstruments of seventeen States ‘each hawng at least one nuclear mstallatlon which has achieved crmcahty m a reactor core-’ 2 The large number of countries Involved III this treaty makmg process reflects the Intense mternatlonal Interest for all maners regardmg nuclear safety and the wllmgness of countries both wth and wthout nuclear power programmes to actwely contnbute to the safety of nuclear power plants wherever they are located 3 At the present Juncture, It IS, however, not easy to foresee how soon the ConventIon wll enter Into effect The number of States requwed for Its entry Into force (twenty-two) IS huge compared to the IAEA’s ConventIon on Early Notlflcation of a Nuclear Accident’ that entered Into force thirty days after consent to be bound had been expressed by three States only, the requirement IS slmllar to the ConventIon on the Physical ProtectIon of Nuclear Material (twenty-one States1 but modest III comparison wth the forty ‘other” States I” addmon to the three DeposItarIes reqwred by the Treaty on the Non-Prokferatlon of Nuclear Weapons’ Coupled wth the requirement that seventeen States must be Included #n this sum of twenty-two that have at least one operatmg nuclear plant, the entry Into force provwon reveals the mtentlon of the drafters III order to be an effectwe and meamngful Instrument, about half of the world’s 32 states wth nuclear power plants III operation must have expressed their agreement to be bound before the Conventron can become operatlonal l The author served as Secretary to the Group of Experts on a Convention on Nuclear Safety The VWJS expressed are those of the author and do not represent those of the IAEA The author expresses her appreclatmn for the constrwztwe crmcwn formulated by Patnck Reyners and acknowledges wth thanks the efforts made by Judy Goodman in the panstaktng preparatmn of the manuscnpt 9 I lntroductlon and background 4 lnternatlonal law makmg IS rarely annbutable to a smgle factor but frequently enough the decwon to prepare a bmdmg mstrument IS tnggered off by major events often a catastrophe percewed ex post as
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