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UKRAINE: NUCLEAR SAFETY RELATED TREATIES

CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

1/26/87: UKRAINE RATIFIES CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

["Overview of Nuclear Legislation In Central And Eastern Europe," Nuclear Energy Association, 10/95, pp. 47-50.]

 

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

5/5/93: UKRAINE JOINS CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

Ukraine became a member of this convention, which entered into force in 1987.

[Timerbayev and Watt, Inventory of International Nonproliferation Organizations and Regimes, 1995, p. 30.]

 

CONVENTION ON NUCLEAR SAFETY

Signed: 20 September 1994 [1]

Ratified: 17 December 1997 [2]

The Convention on Nuclear Safety (INFCIRC/449), adopted in Vienna on 17 June 1994, was drawn up by the Secretariat of the IAEA and 84 IAEA member states.[3,4]  The goal of the Convention is to legally commit participating states that operate nuclear power plants to maintaining a high level of safety.  Parties must submit reports on the implementation of their obligations for "peer review" at meetings held at the IAEA. [3] Ukraine's Verkhovna Rada ratified the Convention on 17 December 1997 (Law No. N 736/97-BP) with several qualifications. It exempted the Chornobyl NPP Unit 4 sarcophagus from the provisions of the Convention's Article 3, noting that at present there is no possibility of guaranteeing a high level of safety of the sarcophagus since appropriate technologies do not exist and the sarcophagus represents a problem which Ukraine is unable to solve without foreign assistance.[2]

Sources:
[1] IAEA Information Circular INFCIRC/449/Add.2, 4 April 1997, p. 3.
[2] "O ratitikatsii Konventsii o yadernoy bezopasnosti," Normativnyye Akty Ukrainy, http://www.nau.kiev.ua:8101/. {Revised 8/2/2000 MJ}
[3] "Convention on Nuclear Safety," International Atomic Energy Agency, http://www.iaea.or.at/worldatom/glance/legal/nukesafety.html.
[4] Steve Pagani, "Reactor Safety Treaty Signed," Washington Times, 21 September 1994, p. 10.{Revised 4/2/98 LBN} 
 

5/19/99: SIGNATORIES MAINTAIN SUPPORT FOR UKRAINE AT CONFERENCE

At the conclusion of a two-week conference in Vienna, participants expressed concern over the lack of funding for nuclear reactor safety in Ukraine.  Attendees were concerned mainly with the division of functions and responsibilities of Ukraine's various regulating bodies.  The group did, however, cite Ukraine for its effort to uphold the standards of the Nuclear Safety Convention. Participants spoke in favor of maintaining financial and technical support for the improvement of safety standards in Ukraine.

["IAEA conference offers support," The Ukrainian Weekly, No. 9,  9 May 1999,  p. 16.] {Entered 9/30/99 GD}

 

JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT

Signed:  29 September 1997 [1]

Ratified:  20 April 2000 [1]

The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (INFCIRC/546) was presented for signature at the 41st regular session of the IAEA General Conference on 29 September 1997.  The Convention applies to spent fuel and radioactive waste from civilian nuclear reactors as well as spent fuel and radioactive waste from military or defense programs that have been transferred to civilian programs.[2]  The objective is to establish a high level of safety in spent fuel and radioactive waste management through national measures and international cooperation.  Contracting states are expected to ensure the effective protection of individuals, society, and the environment from the harmful effects of ionizing radiation.[3]  The Convention contains requirements regarding general safety, facility construction, environmental assessment, operational control, and transboundary movement.  The Convention has not entered force and will not until 25 states have ratified it.[2] 

Sources: 

[1] Ukrainian federal law No. 1688-III, O ratifikatsii Obyedinennoy konventsii o bezopasnosti obrashcheniya s otrabotannym toplivom i o bezopasnosti obrashcheniya s radioaktivnymi otkhodami, 20 April 2000; in Vedomosti Verkhovnoy Rady Ukrainy, No. 31, 4 August 2000, p. 571. 

[2] G. Linsley, "Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management," http://www.iaea.org/ns/.../jointconven.htm, 4 April 2000. 

[3] IAEA Information Circular INFCIRC/546, http://www.iaea.org/worldatom/.../jointconv.shtml.{Entered 10/23/2000 RG}

    

CONVENTION ON ASSISTANCE IN CASE OF A NUCLEAR ACCIDENT

1/26/87: UKRAINE ACCEDES TO CONVENTION

Ukraine acceded to the Convention on Assistance in Case of a Nuclear Accident or Radiological Emergency.

["Overview of Nuclear Legislation In Central And Eastern Europe," Nuclear Energy Association., 10/95, pp. 47-50.]

 

SEABED TREATY

Ukraine is a signatory to the Seabed Treaty.

[Timerbayev and Watt, Inventory of International Nonproliferation Organizations and Regimes,1995, p. 55.]

 

VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE

Acceded: 20 September 1996

Entered into force: 20 December 1996

 

The international liability regime rests principally on the Vienna Convention on Civil Liability for Nuclear Damage of 1963 and the Paris Convention on Third Party Liability in the Field of Nuclear Damage of 1960. The Vienna Convention provides compensation in the event of a nuclear accident. It sets the minimum of an operator's liability at approximately $400 million.[1] The comprehensive liability regime was added to its scope after the Chornobyl incident of April 1986. [1,2] Ukraine acceded to the convention on 20 September 1996 which entered into force 20 December 1996.[3] On 29 September 1997 Ukraine signed the Protocol to Amend Vienna Convention on Civil Liability for Nuclear Damage, thereby increasig the liability of nuclear operators and enhanced the means for equitable and adequate compensation, but has not ratified it yet.[4]

Sources:

[1] "Civil Liability for Nuclear Damage: International Framework,"  http://www.iaea.or.at/worldatom/glance/legal/liability/html.

[2] "Protocol To Amend The Vienna Convention On Civil Liability For Nuclear Damage,"  http://www.iaea.org/worldatom/updates/annex1.html.

[3] "Vienna Convention On Civil Liability For Nuclear Damage," INFCIRC/500/Add.2,  http://www.iaea.org/worldatom/infcircs/inf500a2.html.

[4] "Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage," International Atomic Energy Agency Web Site, http://www.iaea.org/worldatom/Documents/Legal/protamend.shtml {Entered 10/20/98 SK, Updated 6/1/2000 GD, Updated 8/2/2000 MJ}

 

2/18/99: CABINET OF MINISTERS APPROVES LIABILITY EXEMPTION

In its Resolution No. 223 of 18 February 1999, the Ukrainian Council of Ministers exempted the European Bank for Reconstruction and Development and other organizations from any civil liability for nuclear damage resulting from their work on the Chornobyl Unit 4 sarcophagus, in accordance with the framework agreement between Ukraine and EBRD of 20 November 1997. The resolution is intended to protect entities that are legal subjects of countries in which the Vienna Convention on Civil Liability for Nuclear Damage has not entered into force. The protections extended by the resolution to specific organizations would expire upon the Convention's entry into force in their respective countries.

["O garantii osvobozhdeniya uchastnikov realizatsii Plana meropriyatiy na obyekte 'Ukrytiye' ot grazhdanskoy otvetstvennosti za yadernyy vred," Normativnyye Akty Ukrainy Web Site, http://www.nau.kiev.ua:8101/.] {Entered 8/3/2000 MJ}

 

7/15/96: ACCESSION TO VIENNA CONVENTION WILL ENHANCE NUCLEAR SAFETY

According to Ukrainian Deputy Minister of Environmental Protection and Nuclear Safety Oleksandr Smyshlyayev, Ukraine's accession to the Vienna Convention would enhance Ukraine's nuclear safety and its partners' confidence, since Ukraine would be financially responsible for damages caused by a nuclear incident. Smyshlyayev said that "the safer the reactors are, the more peacefully people can sleep, above all at home in their country."

["Ratifikatsiya parlamentom Ukrainy Venskoy Konventsii 1963 goda povysit otvetstvennost strany za yadernuyu bezopasnost - zamminekologii," Interfax-Ukraina, 15 July 1996.] {Entered 9/29/98 SK}

 

11/16/95: UKRAINE MUST JOIN VIENNA CONVENTION

Mykhailo Pavlovskyi, the Chairman of the Rada Standing Commission For Nuclear Policies and Nuclear Security, opined that Ukraine must join the Vienna Convention to enhance the world's trust in Ukrainian nuclear power engineering. He stated that this is the position of the Ukrainian State Committee For the Use of Atomic Energy.

["Chornobyl Plant Likely To Remain In Operation," INTERFAX, in FBIS-SOV-95-222, 11/16/95.]

 

4/26/95: VERKHOVNA RADA APPROVES DECREE ON THIRD-PARTY LIABILITY ISSUE

The Verkhovna Rada approved a decree that serves as a temporary measure toward resolving the third-party liability issue; this is a stop-gap measure until legislation is passed creating a third-party liability regime. Eventually, however, Ukraine will join the Vienna Convention, which is the international third-party liability regime.

[Alex Brall, "Ukraine Parliament Approves Civil Liability Decree," Nucleonics Week, 5/4/95, p. 13.]

 

2/8/95: NEW VERSION OF LAW ON ATOMIC ENERGY USE CALLS FOR JOINING VIENNA CONVENTION

A law on "Use of Atomic Energy and Radiation Safety" was passed after its second reading by the Supreme Rada. The version that was passed was significantly different from the draft that was submitted by the UkrSCNRS for its first reading in 10/94. This law creates a framework for nuclear activities in Ukraine, which conforms with the Vienna Convention regarding international liability; responsibility for accidents is placed on the nuclear plant or organization. Since this is a new concept for Ukraine, corresponding amendments must be drawn up for the Civil Code. Ukraine has stated that it is willing to join the Vienna Convention but first it must revise its laws.

Sources:

[1] Correspondence with Ukrainian official, 2/95.

[2] Ann MacLachlan, Peter Coryn, and Alex Brall, "G-7 Team Resumes Talks to Shut Chornobyl Over Ukrainian Protests," Nucleonics Week, 3/9/95, p. 12.

[3] J. Lebon, "The Nuclear Third Party Liability Issues in Europe," Nuclear Europe Worldscan, 7-8/95, pp. 106-107.

 

11/17/94: RADA REFUSES TO APPROVE BILL

The Verkhovna Rada refused to approve a bill resolving the issue of third-party liability for foreign firms that provide services and equipment to Ukraine. Western concern about liability in the case of an accident has reportedly prevented many companies from investing in Ukraine. Technical aid worth $60 million from the EU's TACIS program, US assistance worth $30 million, and German aid worth $20 million are contingent upon the resolution of this issue. Ukraine has resisted Western pressure to sign the Vienna Convention governing third-party liability because it feared exposing the Ukrainian government and firms to damage claims stemming from the Chornobyl disaster.

[Peter Coryn, "Third-Party Liability Issue Back to Square Two in Ukraine," Nucleonics Week, 11/17/94, pp. 13-14.]

NIS Nuclear Profiles Database
© 1998, 1999, 2000; All Rights Reserved

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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