CYIL Vol. 7, 2016

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖK

CYIL 7 ȍ2016Ȏ

2.1 The Obligations to Provide Information in the Convention on Nuclear Safety

The Convention on Nuclear Safety, which was adopted 17 June 1994, outlines the duties of those states constructing and operating nuclear installations – i.e. nuclear power plants. Besides all the measures aimed at the safety of the nuclear power plant itself, the Convention outlines those duties regarding preparedness for a possible accident in the power plant. Together with the duties to be diligent and take all appropriate measures to ensure safety and readiness for the possible accident, the Convention also obliges the state constructing a nuclear power plant to provide information to the states in the vicinity of the nuclear power plant being built. Article 16 obliges the states to “take the appropriate steps to ensure that, insofar as they are likely to be affected by a radiological emergency, its own population and the competent authorities of the States in the vicinity of the nuclear installation are provided with appropriate information for emergency planning and response” 36 Article 17 indicates that the state constructing the NPP has to evaluate all the measures related to the safety of the project and has to establish procedures “for consulting Contracting Parties in the vicinity of a proposed nuclear installation, insofar as they are likely to be affected by that installation and, upon request, providing the necessary information to such Contracting Parties, in order to enable them to evaluate and make their own assessment of the likely safety impact on their own territory of the nuclear installation.” 37 The only obligation of the neighbouring states entitled to such information would be the obligation to protect the information they received from disclosure, if it is needed to protect personal data, information protected by intellectual property rights or by industrial or commercial confidentiality and information relating to national security or to the physical protection of nuclear material or nuclear installations. 38 But this provision cannot serve as an excuse not to provide information; it only foresees the duty of the state receiving the information not to disclose it. Belarus has acceded to the Treaty on Nuclear Safety on 27 January 1999. As can be seen from the above mentioned provisions of this treaty, Belarus has to provide Lithuania with the information about the nuclear power plant being built for Lithuania to be able to prepare emergency plans in the case of an accident and in order to enable Lithuanian authorities to evaluate and make their own assessment of the likely safety impact on their own territory of the nuclear installation. Belarus has invited the specialists of the IAEA to evaluate their progress in building the nuclear power plant in Ostrovets. The IAEA had stressed the right to 36 Convention on nuclear safety (adopted 20 September 1994, entered into force 24 October 1996) 1963 UNTS 293, Article 16, para 2. 37 Ibid ., Article 17, para iv. 38 Ibid ., Article 27.

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