NEA Mandates and Structures

NUCLEAR LAW COMMITTEE (NLC)

Mandate (Document reference):

• Review of the Mandates of the Agency's Committees and Working Groups [NE(74)4]
• Review of the NEA Committee Structure [NEA/NE(2000)11/REV1]
• Review of Mandates of the NEA Standing Technical Committees [NEA/NE(2005)2]
• Summary of Decisions Taken at the 117th Session of the Steering Committee for Nuclear Energy [NEA/SUM/DEC(2008)2]
• Updated Mandate of the Nuclear Law Committee [NEA/NLC/DOC(2010)1]
• Review of the NEA Standing Technical Committee Mandates [NEA/NE(2010)7]
• Summary of Decisions Taken at the 121st Session of the Steering Committee for Nuclear Energy [NEA/SUM/DEC(2010)2]
• Main Lines of the NEA Programmes of Work for 2017-2018  [NEA/NE(2016)2]
• Review of the Mandates of NEA Bodies Reporting Directly to the Steering Committee [NEA/NE(2016)5]
• Summary of Decisions Taken at the 133rd Session of the Steering Committee for Nuclear Energy [NEA/SUM/DEC(2016)2]
• Mandate approved under the written procedure by the NLC members [NEA/NLC/DOC(2022)3/FINAL]
• Review of Mandates of the NEA Standing Technical Committees and the Management Board for the Development, Application and Validation of Nuclear Data and Codes (MBDAV) [NEA/NE(2022)20]
• Summary of Decisions Taken at the 144th Session of the Steering Committee for Nuclear Energy (Item 10) [NEA/SUM/DEC(2022)2]

Mandate (Document extract):

Extract from document NEA/NE(2022)20

Mandate:

In accordance with the NEA Strategic Plan for 2023-2028, the NLC will:

• help create sound national and international legal regimes required for the peaceful application of nuclear energy, with an emphasis on nuclear safety, international trade in nuclear materials and equipment, public engagement, and issues of liability and compensation for nuclear damage;
• serve as a leading centre for nuclear law information and education;
• encourage provisions for equitable compensation of damage in the event of a nuclear incident. In particular, the NLC is mandated to deal with issues relating to civil liability for damage caused by a nuclear incident, as well as the financial security mechanisms designed to ensure that funds will be available to compensate for such damage. It addresses these issues in the context of member countries’ nuclear legislation as well as international nuclear liability instruments, including: 1) the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Brussels Convention Supplementary to the Paris Convention, as amended; 2) the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the 1997 Protocol to Amend the Vienna Convention; 3) the 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention; and 4) the 1997 Convention on Supplementary Compensation for Nuclear Damage; and
• strive to eliminate or minimise any legal impediments to the safe use of nuclear energy.

More specifically, the NLC will:

i) examine issues relating to the interpretation and application of international nuclear liability instruments, especially with respect to their harmonious application under member countries’ national laws;

ii) contribute to the modernisation of international nuclear liability regimes and encourage the strengthening of treaty relations between interested countries to address nuclear liability and compensation for nuclear damage;

iii) develop decisions, recommendations and interpretations concerning the Paris Convention and, as the case may be, the Brussels Supplementary Convention (which were adopted under the auspices of the OECD Nuclear Energy Agency), as amended, for submission, if appropriate, to the Steering Committee for Nuclear Energy;

iv) assist in the development, strengthening and harmonisation of nuclear legislation and regulation in areas such as nuclear safety, radioactive waste management and environmental law (as applied to nuclear activities) based upon internationally accepted principles and in line with international binding instruments for the safe and peaceful use of nuclear energy;

v) promote the harmonisation of national policies and legislation in the nuclear liability and compensation field amongst its member countries;

vi) promote the exchange of information and the sharing of experience between member countries on the above issues; and

vii) advise the Secretariat in its collection, analysis and dissemination of information on major developments in the nuclear law field at both national and international levels.

The NLC is also mandated to undertake all other work involving legal issues that may be entrusted to it by the Steering Committee for Nuclear Energy.

In the fulfilment of its responsibilities, the NLC will be supported by the staff of the NEA Division of Nuclear Law (DNL). The NLC will co-operate with other NEA standing technical committees. It may set up subsidiary bodies to facilitate the achievement of its goals, invite experts in other fields to attend its meetings, and sponsor meetings of specialists. It will also co-operate as necessary with its counterparts in the European Atomic Energy Community, the IAEA, and other international organisations on matters of common interest.