Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government regarding the adoption of the Decree on Radiation Protection of 16 July 2001 (Stb. 397) (BS) and of the Decree on the Nuclear Power Plants amended by decree of 8 July 2002 (Stb. 417) which give further effect to the Convention including its Articles 7 and 8.

Article 3, paragraph 1, and Article 6 of the Convention. Maximum permissible doses for occupational exposure. The Committee notes that section 77 of the BS provides for a maximum permissible occupational exposure limit of 20 mSv per year which corresponds to the recommendations relevant for the application of this Convention by the International Commission on Radiological Protection (ICRP) referred to in the 1992 general observation under this Convention. The Committee requests the Government to keep it informed of any further reviews of these limits in the light of current knowledge.

Article 3, paragraph 1, and Article 6, paragraph 1. Dose limits for pregnant women and for the protection of the unborn child. The Committee notes the information that section 80 provides that pregnant women should report their pregnancy to their employer, and that the Confederation of Netherlands Industry and Employers (VNO NCV) has observed that this is a necessary obligation although it is in conflict with existing Dutch national legislation on the protection of private data. The Committee also notes that section 80 of the BS also provides that the unborn child is protected as a member of the public, that is 1 mSv per year maximum exposure. With reference to its 1992 general observation the Committee notes that while section 80 of the BS corresponds to the ICRP recommendations in other parts, the ICRP recommendations also indicate that the unborn child may be more sensitive to the induction of later malignancies. The ICRP recommendations further indicate that although no special limits are provided on exposure and intake for the women concerned before pregnancy is declared, once this declaration has been made, the ICRP recommendations consider that the unborn child should be protected by applying a supplementary equivalent dose limit to the surface of the women’s abdomen (lower trunk) of 2 mSv for the remainder of the pregnancy and by limiting intakes of radionuclides to about 1/20 of the ALI. The ICRP recommendations however emphasize that the use of source-related dose constraints usually should ensure compliance with the limit of 1/20 of the ALI, and that the employment of pregnant women should be of a type that does not carry a significant probability of high accidental doses and intakes. Identification of such situations should be determined by regulatory agencies. The Committee requests the Government to provide information on measures taken or contemplated to adapt the respective dose limits found in the national legislation to those of the recommendations adopted by the ICRP in 1990 to ensure effective protection of women workers of reproductive capacity.

Article 3, paragraph 1, and Article 8. Dose limits for non-radiological workers and for the general public. The Committee notes the information that section 80 of the BS provide that the maximum dose limit for non-radiological workers is set at 1 mSv per year which is the same limit that is set for the general public which corresponds to the ICRP recommendations relevant for the application of this Convention. The Committee requests the Government to keep it informed of any further reviews of these limits in the light of current knowledge.