CYIL vol. 10 (2019)

JAKUB HANDRLICA CYIL 10 ȍ2019Ȏ repository in the territory of the Russian Federation. 69 Therefore, the idea of shared repositories certainly has importance for the future application of the Vienna Convention. At the same time, there is a common understanding among technical experts that the prospective operation of a shared repository can be realized only after certain experience can be gained from the actual operation of an underground repository. 70 Due to the current schedule of prospective start of the first underground repositories, the shared repositories are – from the perspective of today – even a more distant project than the underground repositories intended to dispose of the spent fuel of a single State. It is a fact that neither the Vienna, nor the Amended Vienna Convention explicitly mention a “shared repository.” Therefore, the interpretation concerning a necessity to enlarge the liability regime to this installation under the Amended Vienna Convention, as described above, will also be applicable here. Further, a shared repository will also require a single operator under the liability regime of the Amended Vienna Convention, irrespective of the fact that spent fuel originating from several States will be disposed of there. In fact, the person of the prospective operator of a shared repository remains the subject of discussions. 71 In one scenario, a private company will serve as a prospective operator of the shared repository. Such an entity can be established by several operators of nuclear installations producing spent fuel that is to be disposed in the shared repository. In another scenario, a special international organization will be established in order to establish and subsequently operate the shared repository. In this respect, the Amended Vienna Convention fails to provide any specific provisions related to international entities being operators of nuclear installations. Consequently, the ordinary regime of liability, as provided by the Convention for an operator will also be applicable here. In the third scenario, a State will operate the shared repository. In this concern, the Amended Vienna Convention provides for certain special rules that are applicable only to the States (Contracting Parties) being operators of nuclear installations. In particular, the Amended Vienna Convention provides that “a Contracting Party or any of its constituent sub-divisions, such as States or Republics” is not required “to maintain insurance or other financial security to cover their liability as operators.” 72 One final remark must be made at this point. The above-mentioned conclusions concerning the transfer of the liability from the operator to the State in certain stage after the prospective decommissioning of the repository are also applicable vis-á-vis the shared repository. In this respect, questions can arise whether the State, which will be hosting a prospective shared repository, is to bear all liability for damages potentially arising from the spent fuel disposed. 73 Theoretically, a shared liability of several States, which produced spent 69 ROMANOVA, V. and HANDRLICA, J., ‘Problems and tendencies of nuclear law’ (2019) 7 Russian Law Journal, pp. 200-201. 70 Ibid. 71 HANDRLICA, J., ‘Underground repositories, reprocessing facilities and floating nuclear power plants: liability issues revisited’ (2019) 37 Journal of Energy & Natural Resources Law , pp. 280-281. 72 Amended Vienna Convention, Article VII.2. 73 HANDRLICA, J., ‘Underground repositories, reprocessing facilities and floating nuclear power plants: liability issues revisited’, p. 281.

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