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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.