| Chair(s): | Secretary: |
Aleksandr RAKHUBA (aleksandr.rakhuba@oecd-nea.org) |
|
|---|---|---|---|
| Member(s): | All NEA member countries* | ||
| Russia (Suspended*) | |||
| *Russian Federation suspended pursuant to a decision of the OECD Council. | |||
| Full participant(s): |
European Commission Under the NEA Statute | ||
| Observer(s)(International Organisation): |
International Atomic Energy Agency (IAEA) By agreement | ||
| Date of creation: | 01 June 2022 | ||
| End of mandate: | 31 May 2024 |
Mandate (Document reference):
Mandate (Document extract):
Extract of document NEA/CRPPH(2022)7
Background
Article 1(b) of 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 (the “Paris Convention”), authorises the Steering Committee for Nuclear Energy (the “Steering Committee”) to exclude any nuclear installation or nuclear substances from the application of the Paris Convention “if in its view the small extent of risks involved so warrants”.
The Steering Committee has already exercised this authority concerning nuclear installations for the disposal of certain types of low-level radioactive waste when it adopted at its 3-4 November 2016 session, the 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 [NEA/NE(2016)7/FINAL] (the “LLW Decision”). Per the LLW Decision, any Contracting Party to the Paris Convention (CPPC) 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 the Decision and Recommendation and any additional conditions which the CPPC may judge appropriate to establish are met.
On 19 February 2020, the Swiss delegation submitted an official request to the Director-General of the OECD Nuclear Energy Agency (NEA) to assess the possibility of excluding nuclear installations for the decay storage of certain types of low-level short lived radioactive waste (“decay storage facilities”) from the scope of application of the Paris Convention (the “Proposal”). The LLW Decision does not apply to decay storage facilities, as the term ‘disposal’ in the LLW Decision refers to the emplacement of radioactive waste into a facility or a location with no intention of retrieving it (cf. LLW Decision, page 7).
At their meeting held on 29 January 2021, the CPPCs agreed on the need to further discuss the Proposal with radioprotection and legal experts to examine its technical and legal aspects. As for past decisions and recommendations adopted by the Steering Committee regarding the Paris Convention, it is suggested that such work be performed within an expert group to be established by the CRPPH, which would gather radioprotection and legal experts from countries’ parties to the Paris Convention.[1]
Scope and Objectives
The EGDS will:
Working Methods
A Bureau including the Chair and Vice Chair will lead and organise the work of the EGDS. The EGDS will periodically report to CRPPH, the Nuclear Law Committee (NLC) and CPPCs at their plenary meetings. Additionally, the EGDS will: (i) identify resources and schedules for its activities; (ii) form task teams to work on specific projects and organise workshops, as appropriate; and (iii) annually review the programme of work.
Membership
Radiological protection and legal experts from NEA member countries, preferably among the CPPCs.
Interactions
The EGDS will interact, as appropriate, with the CRPPH, the CPPCs and the NLC.
Deliverables
Report on the relevance of excluding decay storage facilities from the scope of application of the Paris Convention based on the analysis of the Proposal concerning the application of the Paris Convention to nuclear installations for the decay storage of certain types of low-level short lived radioactive waste.
If relevant, propose a draft recommendation concerning the application of the Paris Convention to nuclear installations for the decay storage of certain types of low-level short lived radioactive waste.
[1] The Contracting Parties to the Paris Convention are currently Belgium, Denmark, Finland, France, Germany, Greece, Italy, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
