CYIL vol. 12 (2021)
victoria v. romanova CYIL 12 (2021) Convention consists in the prevention of major accidents caused by dangerous substances and limiting the consequences of such accidents. The Convention establishes standards that apply, inter alia , to the national laws of the member states. The scope of application of the Convention includes high-risk facilities that are defined as facilities where one or several hazardous substances or substance categories are produced, processed, loaded or unloaded, used, placed or stored permanently or temporarily in the amounts exceeding the maximum permissible amounts. The maximum permissible amount is defined in the Convention as the amount of a dangerous substance or substance category set by the national laws subject to special conditions, the excess of which confirms the facility as high-risk. According to Article 3 of the Convention of the Prevention of Major Industrial Accidents , its scope of application does not include: (a) nuclear facilities and radioactive substance reprocessing facilities, except for the units at these facilities where non-radioactive substances are used; (b) military facilities or (c) transport beyond the facility, except for the pipelines. In 1993, the General Conference of the International Labor Organization also adopted the Recommendation on the Prevention of Major Industrial Accidents of 1993 16 , which should be applied together with the Convention provisions and refer to the international exchange of information: • on the correct practice of safe operation of high-risk facilities, including safety control and production process safety; • on major accidents; • on conclusions made from the accident situations; • on technologies and processes forbidden as safety and life-threatening; • on the organization and methods of medical care provision in the conditions of overcoming the consequences of a major accident; • on the mechanisms and procedures used by the competent authorities to ensure the application of the Convention and the Recommendation. It seems reasonable to discuss the issue of developing at least a separate Recommendation with regard to nuclear energy facilities taking into account the importance of hydrogen energy use, for the avoidance of industrial accidents at hydrogen energy facilities. 5. Conclusions The tasks set by the Paris Climate Agreement and the general focus on low-carbon energy development provide for the use of many capacities of these nuclear energetics. Herewith, the tasks of further development of the regulatory legal framework become especially relevant in the context of using new technologies and new energy sources. Therefore, legal research in nuclear law and energy law in general becomes very important. The development of the new legal regulation requires further development of the international scientific cooperation in nuclear law.
16 https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/normativeinstrument/wcms_r181_ ru.htm.
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