The resolution was adopted by the Ukrainian government on October 20, 2019.
NGOs Ukrainian Nuclear Society and the Union of Retired Nuclear Energy Workers have sent a joint letter to Ukrainian Prime Minister Oleksiy Honcharuk, saying that resolution No.879, under which the State Nuclear Regulatory Inspectorate of Ukraine (SNRIU) as a central executive agency became subordinate to Ukraine's Energy and Environmental Protection Ministry instead of the Cabinet of Ministers, is not in line with a number of Ukrainian laws, international conventions and guarantee agreements between Ukraine and the European Bank for Reconstruction and Development (EBRD), ratified by the Ukrainian parliament.
The resolution was adopted by the Ukrainian government on October 20, 2019.
It is noted that the document violates the provisions of the Law of Ukraine "On the Use of Nuclear Energy and Radiation Safety": "delineation of the functions of state administration in the field of nuclear energy use and state regulation of nuclear and radiation safety"; "The state regulatory body for nuclear and radiation safety is independent of state bodies, institutions and officials whose activities are related to the use of nuclear energy, local executive authorities and local governments, associations of citizens," etc.
The NGOs see the government resolution as a threat to Ukraine's image and economy since it violates its international obligations. In particular, the Convention on Nuclear Safety, ratified by Ukraine, and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. In particular, the latter states that "each Contracting Party, in accordance with its legislative and regulatory framework, shall take the appropriate steps to ensure the effective independence of the regulatory functions from other functions where organizations are involved in both spent fuel or radioactive waste management and in their regulation."
The authors of the letter also point to violations of the International Atomic Energy Agency's (IAEA) standards set forth in INSAG-17 on the independence of a regulatory body for nuclear and radiation safety from government agencies. "This can cause a very negative reaction from the international community regarding nuclear safety in Europe," reads the letter.
Moreover, the Cabinet's resolution directly violates Ukraine's obligations under a guarantee agreement between Ukraine and the EBRD on a loan issued to improve Ukrainian nuclear power plants' safety.
The NGOs ask the prime minister to abolish the SNRIU's subordination to the ministry, noting that the violation of the requirement under which the state regulatory agency must be independent directly leads to a cross default estimated at EUR 600 million plus interest for the use of the loan.