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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the information it contains regarding laws relevant for giving effect to the provisions of the Convention.

Article 7 of the Convention. Performance of work involving exposure to ionizing radiation by young persons. The Committee notes that section 11, cf. annex 6, of Order No. 239 of 6 April 2005, on work performed by young persons, provides that young persons must not perform work which involves exposure to ionizing radiation. It notes however that the rules issued by the State Institute for Radiation Hygiene of the National Board of Health (SIS) contain provisions prescribing a lower age limit of 16 years for work with ionizing radiation as per which young persons aged over 15 years, who have completed compulsory school education, may perform risky functions provided that such work is a necessary element of a formally qualifying training programme of at least two years’ duration. The Committee recalls that Article 7(2), of the Convention prescribes that no person under the age of 16 years shall be engaged in work involving ionizing radiation. Noting that this prohibition under Article 7(2), does not permit any exception to be made for the purpose of training, the Committee requests the Government to take the necessary measures to ensure that young persons below the age of 16 years do not perform any work that involves exposure to ionizing radiation and to indicate the measures so taken in its next report.

Article 12. Medical examinations. The Committee notes the Government’s indication that, under Order No. 206 of 23 March 1990 on medical control with work involving ionizing radiation, only persons performing radiation work under conditions which normally involve exposure to ionizing radiation in doses exceeding 6 mSv per year or 3/10th of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to subsequently undergo further medical examinations at appropriate intervals, the Committee requests the Government to take the necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes with interest the Government’s indications, in response to its previous comments in respect of workers whose continued engagement in work involving exposure to ionizing radiation has been found to be medically inadvisable, that the Public Employment Service will try to place him or her in another job, such as a job with a public subsidy, that if the person cannot be placed in a job but is otherwise assessed as being available to the labour market, he or she would qualify for employment benefits for a period of up to five years, that if the person is sick he or she would qualify for sickness benefits, possibly a pension, and that, furthermore, when there is a proven occupational injury, the employer’s insurance company should pay compensation to the worker concerned. The Committee requests the Government to continue to provide information on the application in practice of this Article of the Convention.

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1. The Committee notes the Government’s report and the information it contains regarding laws relevant for giving effect to the provisions of the Convention.

2. Article 7 of the Convention. Performance of work involving exposure to ionizing radiation by young persons. The Committee notes that section 11, cf. annex 6, of Order No. 239 of 6 April 2005, on work performed by young persons, provides that young persons must not perform work which involves exposure to ionizing radiation. It notes however that the rules issued by the State Institute for Radiation Hygiene of the National Board of Health (SIS) contain provisions prescribing a lower age limit of 16 years for work with ionizing radiation as per which young persons aged over 15 years, who have completed compulsory school education, may perform risky functions provided that such work is a necessary element of a formally qualifying training programme of at least two years’ duration. The Committee recalls that Article 7, paragraph 2, of the Convention prescribes that no person under the age of 16 years shall be engaged in work involving ionizing radiation. Noting that this prohibition under Article 7, paragraph 2, does not permit any exception to be made for the purpose of training, the Committee requests the Government to take the necessary measures to ensure that young persons below the age of 16 years do not perform any work that involves exposure to ionizing radiation and to indicate the measures so taken in its next report.

3. Article 12. Medical examinations. The Committee notes the Government’s indication that, under Order No. 206 of 23 March 1990 on medical control with work involving ionizing radiation, only persons performing radiation work under conditions which normally involve exposure to ionizing radiation in doses exceeding 6 mSv per year or 3/10th of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to subsequently undergo further medical examinations at appropriate intervals, the Committee requests the Government to take the necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes with interest the Government’s indications, in response to its previous comments in respect of workers whose continued engagement in work involving exposure to ionizing radiation has been found to be medically inadvisable, that the Public Employment Service will try to place him or her in another job, such as a job with a public subsidy, that if the person cannot be placed in a job but is otherwise assessed as being available to the labour market, he or she would qualify for employment benefits for a period of up to five years, that if the person is sick he or she would qualify for sickness benefits, possibly a pension, and that, furthermore, when there is a proven occupational injury, the employer’s insurance company should pay compensation to the worker concerned. The Committee requests the Government to continue to provide information on the application in practice of this Article of the Convention.

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Further to its observation, the Committee would draw the Government’s attention to the following point.

The provision of alternative employment. The Committee notes the Government’s indication that the State Institute for Radiation Hygiene of the National Board of Health (SIS) registers the data on the total exposure to ionizing radiations of all workers recorded by dosimeters carried with the individual worker, and informs the worker concerned whether the threshold value is coming close. In this event, the SIS also gives advice to the worker to discontinue the work or employment involving a risk of exposure to ionizing radiation. With regard to external workers, that are workers employed with an employer performing work in a country of the European Union at places where there is a risk of exposure to ionizing radiations, they are obliged to hold a "radiation passport", issued by the SIS, which constitutes a prerequisite to start their employment in question. The SIS may refuse the issuing of this "radiation passport" if the worker concerned has already been subject to excessive exposure to ionizing radiations and has thus come close to the threshold limit. The Committee, taking due note of the information, again draws the Government’s attention to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and requests the Government to indicate the measures taken or contemplated to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable and therefore further exposure to radiation has been disapproved by the SIS.

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1. The Committee notes with satisfaction that the State Institute for Radiation Hygiene of the National Board of Health (SIS) has issued Order No. 823 of 31 October 1997, on dose limits for ionizing radiation, which has been elaborated on the basis of the European Community Directive 96/29 EURATOM, and which, for its part, is in line with the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990. Section 3 of the above Order, read together with its Annex 1, reflects entirely the dose limits recommended by the ICRP for occupational exposure to ionizing radiations of the different categories of workers, which thus applies Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.

2. Scope of emergency work. The Committee notes with satisfaction that section 6 of Order No. 823 of 31 October 1997, repealing Notification No. 838 of 1986, limitsthe scope of emergency interventions where exceptional exposure of workers is justified to life-saving actions, actions necessary to prevent a significant exposure to radiation of the public, or to prevent the development of a catastrophe. Moreover, section 6 fixes the exposure levels at 50 mSv during an emergency, which is even lower than the dose limit recommended by the ICRP for the carrying out of immediate and urgent remedial work.

The Committee is addressing a request directly to the Government on another point.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraph 1, and Article 6, paragraph 2 of the Convention. In its 1992 general observation and direct request, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the ICRP, and asked the Government to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge.

The Committee notes from the Government's report that the State Institute for Radiation is currently working on the evaluation of new knowledge; that no decisions have been made during the period under review to change the dose limits; and that this work takes place in close cooperation with the other EU countries. Noting the Government's indication that changes will be made in the form of submission of draft directives, the Committee hopes that the necessary changes will soon be made and that the Government will supply details of the directives adopted or envisaged.

2. Scope of emergency work. The Committee notes the Government's reference to Order No. 838 of 10 December 1986 on dose limits for ionizing radiation, which contains provisions on unintended radiation and exposure to radiation in emergency situations.

The Committee notes that under section 9 of Order No. 838, an emergency situation is to be understood as "a situation in which it is a matter of helping people in danger, to prevent radiation of a big number of persons or to save valuable equipment".

Referring to the explanations provided in paragraphs 23 to 27 and 35(c) of its 1992 general observation on the Convention, the Committee recalls that provision in law and practice should be made to ensure that work involving exceptional exposure of workers, exceeding the normally tolerated dose limit, must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to review section 9 of Order No. 838 accordingly and to indicate the measures taken or envisaged to ensure that workers or other volunteers in emergency situations are not exposed to exceptional levels of radiation in order to save valuable equipment, and that the necessary investment be made in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, and/or whose further exposure to radiation has been disapproved by the National Health Authority.

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The Committee notes the information supplied by the Government in its latest report.

1. Article 3, paragraph 1, and Article 6, paragraph 2 of the Convention. In its 1992 general observation and direct request, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the ICRP, and asked the Government to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiations in the light of current knowledge.

The Committee notes from the Government's report that the State Institute for Radiation is currently working on the evaluation of new knowledge; that no decisions have been made during the period under review to change the dose limits; and that this work takes place in close cooperation with the other EU countries. Noting the Government's indication that changes will be made in the form of submission of draft directives, the Committee hopes that the necessary changes will soon be made and that the Government will supply details of the directives adopted or envisaged.

2. Scope of emergency work. The Committee notes the Government's reference to Order No. 838 of 10 December 1986 on dose limits for ionizing radiation, which contains provisions on unintended radiation and exposure to radiation in emergency situations.

The Committee notes that under section 9 of Order No. 838, an emergency situation is to be understood as "a situation in which it is a matter of helping people in danger, to prevent radiation of a big number of persons or to save valuable equipment".

Referring to the explanations provided in paragraphs 23 to 27 and 35(c) of its 1992 general observation on the Convention, the Committee recalls that provision in law and practice should be made to ensure that work involving exceptional exposure of workers, exceeding the normally tolerated dose limit, must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to review section 9 of Order No. 838 accordingly and to indicate the measures taken or envisaged to ensure that workers or other volunteers in emergency situations are not exposed to exceptional levels of radiation in order to save valuable equipment, and that the necessary investment be made in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, and/or whose further exposure to radiation has been disapproved by the National Health Authority.

[The Government is asked to report in detail in 1997.]

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I. The Committee notes the information provided by the Government in its latest report. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

II. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern the limitations of occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in these circumstances and to specify the manner in which these circumstances are defined, as well as any further measures taken or under consideration in relation to the matters raised in paragraph 35(c) of the General Observation.