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Strengthening China’s National Nuclear Legal Framework and Future Cooperation in Nuclear Law

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Strengthening the National Nuclear Legal Framework of China and Future Cooperation in Nuclear Law

IAEA Director General Rafael Mariano Grossi welcomed the delegation from China. (Photo: D. Calma/IAEA)

The IAEA Office of Legal Affairs hosted a high-level delegation from the Government of the People’s Republic of China at IAEA Headquarters in Vienna, Austria, from 14 to 18 October 2024. The meeting was organized at the Government’s request to discuss nuclear law and specific aspects of China’s draft Atomic Energy Law. This visit also provided an opportunity to have initial discussions on future opportunities for cooperation on capacity-building and other support in nuclear law.

The delegation, which included representatives from the China Atomic Energy Authority (CAEA), the China National Nuclear Corporation (CNNC), the National People's Congress, and the Chinese Nuclear Society Branch of Nuclear Law, briefly met with IAEA Director General Rafael Mariano Grossi, who stated, “As China continues to expand its civilian nuclear power programme, I welcome the efforts to enhance its nuclear legal framework. The IAEA is actively supporting this initiative.”

The People's Republic of China has an extensive legal and regulatory framework for the safe, secure and peaceful uses of nuclear technology. Most recently, the country adopted the 2018 Law on Nuclear Safety and the 2003 Law on Prevention and Control of Radioactive Pollution. In addition, since the 1980s, China has issued various regulations and State Council Decisions and Replies, including on civil liability for nuclear damage.

According to Jinjun Wang, Deputy Director General of the Department of System Engineering of the CAEA, the draft Atomic Energy Law was deliberated for the first time on 24 April 2024 during the 9th Session of the Standing Committee of the National People’s Congress, and it is foreseen to be China’s fundamental law in the field of atomic energy. The law is primarily focused on research, development, cooperation, and utilization of atomic energy, but it also addresses some relevant aspects of regulatory control. Mr Wang said, “We are pleased to discuss the draft Law with the IAEA, gain insights on the legislative practices of other countries, and explore opportunities for further cooperation in nuclear law.”

During the visit, the delegation also met with IAEA senior management, including the Deputy Director General for Nuclear Safety and Security, Lydie Evrard; the Deputy Director General for Nuclear Energy, Mikhail Chudakov; and the Deputy Director General for Technical Cooperation, Hua Liu.

IAEA Director General Rafael Mariano Grossi together with members of the delegation and IAEA Staff. (Photo: D. Calma/IAEA)

LI Zhaohui, CNNC’s General Counsel and Chief Compliance Officer, pointed out that CNNC covers all aspects of China's civilian nuclear program including nuclear energy R&D, natural uranium exploration and mining, fuel fabrication, nuclear installation construction and equipment manufacturing, NPP operation and maintenance, nuclear applications, spent fuel reprocessing and recycling, decommissioning and waste disposal. “Since nuclear law cross-cuts the entire spectrum of our activities,” he said, “we look forward to future engagement with the IAEA on this subject.”

Mr Ya Tang of the State Law Department of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, which is China’s top legislature, said that “Future support to the staff of the Congress in the area of nuclear law will be meaningful and support further consideration of our national nuclear legal framework.”.

Liu Chunsheng, Executive Vice Chairman of the Nuclear Law Branch of the Chinese Nuclear Society, which was established in October 2023, said that it seeks to advance China's nuclear legal system by serving four platforms: theoretical research, professional development, international exchange, and consulting services. “These platforms aim to promote theoretical research, practical application, and the cultivation of legal professionals in the field of nuclear law,” he said, adding that he hoped to strengthen exchanges with the IAEA Office of Legal Affairs and establish a long-term partnership through concrete projects.

The delegation also visited the IAEA research laboratories in Seibersdorf, Austria, to learn how nuclear technology is supporting IAEA Member States in the fields of food, agriculture, human health, industrial applications, and environmental protection. During a visit to the IAEA Incident and Emergency Centre, the delegation had an opportunity to witness first-hand the operations of the global focal point for international emergency preparedness and response to nuclear and radiological incidents and emergencies.

The visit was conducted within the framework of the IAEA Legislative Assistance Programme under the Interregional technical cooperation project for legislative assistance.

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