Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2017 Study Panel / International Workshop”

The 2017 Study Panel/International Workshop of the Forum for Nuclear Cooperation in Asia (FNCA) was held on 8 to 9 March 2017 in Tokyo, sponsored by the Cabinet Office of Japan (CAO) and Japan Atomic Energy Commission (JAEC), and co-sponsored by the Ministry of Education, Culture, Sports, Science and Technology. The participants included the representatives of 11 countries (Australia, Bangladesh, China, Indonesia, Japan, Kazakhstan, Malaysia, Mongolia, the Philippines, Thailand and Vietnam), as well as those invited from IAEA (INLEX) and OECD/NEA. 1. Background FNCA member countries have been sharing the same recognition concerning the importance of developing appropriate infrastructure for the introduction of nuclear power, such as establishing legal framework and human resources development. Against this background, the FNCA 2017 Study Panel on "nuclear liability" was held with the cooperation of the relevant international organizations which have extensive experience and knowledge. At the meeting, reports on "Japan's nuclear compensation system and experience in Fukushima", which is of deep concern to the member countries, were introduced systematically, and member countries shared an awareness of the importance and necessity of development of legal systems. 2. Keynote speech Mr Roland Dussart-Desart, Chairman of the NEA Nuclear Law Committee gave a keynote speech on the basic principles of nuclear liability regime (the strict liability and the channeling), the background of the establishment and the amendment of the Paris Convention and the Brussels Supplementary Convention, the Vienna Convention, and the Convention on Supplementary Compensation for Nuclear Damage (CSC). 3. Presentations (1) Ms Ximena Vásquez Maignan, Head, Office of Legal Counsel, the OECD/NEA gave a presentation on the details of the Paris Convention, the Vienna Convention and the current status of treaties of each country. (2) Mr Steven McIntosh, Chairman of the IAEA International Expert Group on Nuclear Liability (INLEX) gave a presentation on the development of domestic laws upon conclusion of a nuclear liability treaty. (3) Mr Sebastian Reitsma, a nuclear insurance expert, gave a presentation on the overview of nuclear insurance, the structure of nuclear insurance pools and the scope and conditions applicable to the pools. Mr Roland Dussart-Desart, Chairman of the NEA Nuclear Law Committee (left) Ms Ximena Vásquez Maignan, Head, Office of Legal Counsel, the OECD/NEA (middle) Mr Steven McIntosh, Chairman of the IAEA International Expert Group on Nuclear Liability (INLEX) (right) Mr Sebastian Reitsma, a nuclear insurance expert 4. Japan's nuclear compensation system and experiences in Fukushima (1) Dr Toyohiro Nomura from Gakushuin University gave an overview of the response to the accident that occurred at Fukushima Daiichi and Daini Nuclear Power Stations of Tokyo Electric Power Company such as the establishment of the Dispute Reconciliation Committee for Nuclear Damage Compensation and the formulation of guidelines concerning the determination of the scope of application to nuclear damage based on Japan's compensation system for nuclear damage in accordance with the relevant treaties. (2) Mr Shinsuke Toyonaga from the Nuclear Damage Compensation and Decommissioning Facilitation Corporation gave the current progress of compensation arrangements such as the fact that compensation for personal damages has been made to people who were living in the mandatory evacuation zones and those who voluntarily evacuated; compensation for business disruption has been made to corporations and sole proprietors; the reparations fund has been spent to compensate victims through the Nuclear Damage Compensation and Decommissioning Facilitation Corporation. (3) Prof Kazuhiko Yamamoto from Hitotsubashi University explained that the Alternative Dispute Resolution Center has a high success rate of mediation, because, although not legally binding, TEPCO has promised to respect the settlement proposals made by the Alternative Dispute Resolution Center. (4) Prof Shigeru Takahashi from Hosei University introduced the panel to the current review of Japan's nuclear damage compensation system underlining the need for further deliberation on such issues as the scope of responsibility of nuclear power plant operators. 5. Recent Developments in FNCA Member Countries - The representatives of FNCA member countries reported and answered questions on existing systems and recent developments concerning nuclear liability, and on the plans and challenges to introduce nuclear liability system. - The current status of a nuclear liability system varies among the FNCA member countries. There are some countries where no specific steps have been taken for achieving the treaty targets, while domestic laws in line with the treaty are being developed; some countries where domestic laws do not conform to treaty provisions even though the country has signed the treaty; some countries where the process for complying with the treaty has been established although domestic laws compatible with treaty obligations have not been established yet. 6. Summary of the Study Panel  Finally, Mr Abe, Commissioner of JAEC and Chair of the meeting, concluded the study panel as follows: - Through various talks concerning the international legal framework for nuclear damage compensation, understanding of each treaty was promoted, as well as recognition of the importance of concluding treaties, and the development/amendment of domestic legislation to accompany that. - Through sharing of the Japanese nuclear damage compensation system and experiences of Fukushima, recognition was encouraged of the need to develop a framework for a compensation system to respond quickly to accidents. - The countries participating in the FNCA are located near each other, and there is a high degree of interest in issues such as compensation when damage is incurred across national borders. It was significant that the countries participating in FNCA were able to learn more about the development situation regarding nuclear damage compensation systems in other countries. - As the chair of this meeting, Mr Abe would like, in the future, to hold a meeting with this theme again, and share the progress of efforts in each country.

Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2017 Study Panel/International Workshop”
Agenda

List of Participants in the “FNCA 2017 Study Panel/International Workshop”

■Participants from FNCA countries
Australia

Bangladesh

China

Indonesia

Kazakhstan

Republic of Korea

Malaysia

Mongolia

The Philippines

Thailand

Vietnam

■Participants from International Organisations

■Participants from Japan