Legal Framework of Nuclear
Safety and Public Participation inChina
FNCA 2018 Study Panel on Enhancing Domestic Measures in the Field of Nuclear Law
Mita-Conference Hall, Tokyo, 23rd of March, 2018.

Dr. CHEN Gang
General Legal Counsel, China Nuclear Power Engineering Co., Ltd
INLEX Member, IAEA
chengang@cgnpc.com.cn

The Location of Chinese NPPs

NPPs UnderOperationFeb.2018）（to 24 th38 UnitsNPPs Under Construction（to 24 th Feb.2018）

Linking International Nuclear Instruments
SAFEGUARD
Nuclear Organization Instruments∗∗∗∗

Statute of the International Atomic Energy Agency
Treaty Establishing the European Atomic Energy
Community
Statute of the OECD Nuclear Energy Agency
Agreement on the Privileges and Immunities of the IAEA

Nuclear Control Instruments (Safeguard & Security)
∗∗
∗

∗∗∗
∗∗∗∗

Treaty on the Non-Proliferation of Nuclear Weapons (NPT)The Antarctic Treaty
Treaty Banning Nuclear Weapons Tests in theAtmosphere, in Outer Space and Under Water, (Partial
Test Ban Treaty)
Treaty on Principles Governing the Activities of States inthe Exploration and Use of Outer Space, Including theMoon and Other Celestial Bodies
Treaty on the Prohibition of Emplacement of Nuclear
Weapons and other Weapons of Mass Destruction on theSeabed and the Ocean Floor and in the Subsoil Thereof(Seabed Arms Control Treaty)
Agreement Governing the Activities of State on the Moonand Outer Celestial Bodies (Moon Agreement)
Comprehensive Nuclear-Test-Ban Treaty (CTBT)
Convention on the Physical Protection of Nuclear Material
Convention on Physical Protection of Nuclear Material andFacilities
International Convention for the Suppression of Acts ofNuclear Terrorism

SECURITYSAFETY

Nuclear Cooperation Instruments (Safety)••••••••••••••••••••••••

Paris Convention on Third Party Liability in the Field of Nuclear Energy (The Paris Convention)
Convention Supplementary to the Paris Convention of 1960 (Brussels SupplementaryConvention)
Vienna Convention on Civil Liability for Nuclear Damage (The Vienna Convention)
Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage
Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention
on Civil Liability for Nuclear Damage
Convention on Supplementary Compensation for Nuclear Damage
Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention
Convention on the Liability of Operators of Nuclear Ships
Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Materials
Convention Concerning the Protection of Workers against Ionizing Radiations, 1960
Recommendation Concerning the Protection of Workers against Ionizing Radiations, 1960
Convention on Early Notification of a Nuclear Accident
Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency
Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter,1972 (London Convention)
The 1996 Protocol to the London Convention
International Convention for the Safety of Life at Sea (SOLAS)
Protocol Additional to the Geneva Conventions, 1949 and Relating to the Protection of Victimsof International Armed Conflicts (Protocol I)
Protocol Additional to the Geneva Conventions, 1949 and Relating to the Protection of Victimsof International Armed Conflicts (Protocol II)
United Nations Convention on the Law of the Sea (LOS)
Convention on Nuclear Safety
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive
Waste Management
Framework Agreement for International Collaboration on Research and Development ofGeneration IV Nuclear Energy Systems
Agreement on the Privileges and Immunities of the International Fusion Energy Organization
for the Joint Implementation of the ITER Project
Agreement on the Establishment of the International Fusion Energy Organization for the Joint
Implementation of the ITER ProjectNuclear Law and Regulation Currently andUnder Legislating People‘s Republic of China AtomicEnergy Law（Verified by StateCouncil)

 People's Republic of China Radioactive
Pollution Prevention Act 2003
 People‘s Republic of China Nuclear Safety Act
2017

Int.
Law

 Regulations Civil nuclear facilities safety
supervision and management 1986
 Regulations Governing Emergency of NuclearAccidents of Nuclear Power Plants 1993
 Regulations on nuclear material control 1987
 Regulations on the safety management ofradioactive waste 2011
 Regulations on the supervision andadministration of civil nuclear safety equipment
2007

LawRegulation（StateCouncil,Department,Province）

 Regulations for the administration of the safetyof the transport of radioactive materials 2009
 Regulations for the safety and protection ofradioactive isotopes and radiation equipment
2005 People‘s Republic of China Nuclear
Damage Compensation Act （Under
Drafting by legislators group)

National Standards

 Regulations on Nuclear PowerManagement (Published by StateCouncil for public recommendation)
 Regulation of Nuclear Security (UnderDrafting )Information Disclosure and Public Participation
Nuclear Safety Act, Chapter 5
Article 63: [Government]…should disclose nuclear safety related information
within the scope of their respective duties…..
Article 64: [Operators] …should disclose its own nuclear safety management
regulations and the related documents, the security status of its nuclear
facilities, effluent and around environmental radiation monitoring data, annual
nuclear safety reports, etc information.
Article 65: [Disclosure] … by means of the government announcement,
website and other easy ways known to the public in a timely manner, to thepublic.
Citizens, legal persons and other organizations may apply … relevant
information on nuclear safety…
Article 66: [Participate]…by means of the questionnaire investigation, hearing
and argumentation, the forum, or other means, and feedback in appropriate
forms.
Article 67: [Promotion]…Operators should take the following measures tocarry out promotional activities of nuclear safety…1、2、3、4…

Summary∗ The newly update of China legal framework is
Nuclear Safety Act in force 1.1.2018.
∗ Atomic Energy Act is still on the way.
∗ Nuclear Damage Compensation Act is underanalyzed.
∗ Public Participation is legal policy in mostlegislation and the details are still not practicalenough.

Thank You !