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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.
The Committee takes note of the comments provided by the Trade Union Confederation of Middle Categories and Senior Staff Unions (MHP) on the application of this Convention stating that the Committee, in its previous comments, was not in a position to determine precisely whether indeed effect is given to the provisions of the Convention. The MHP indicates that this is due to the fact that the text of the Radiation Protection Decree, to which the Government had referred, was not annexed to the Government’s report. The Committee, taking note of the observation of the MHP, notes that, at the time of its previous comments, the Radiation Protection Decree was not yet adopted. It however notes from the Government’s report that this Decree has been adopted on 16 July 2001, and came into force on 1 March 2002, as amended, to transpose the Basic Safety Directive 96/29/Euratom of 1996 and the Medical Radiation Treatment Directive 97/43/Euratom into national legislation, which reflect the 1990 Recommendations of the International Commission on Radiation Protection (ICRP) to which the Committee refers in determining the extent to which national legislations give effect to the provisions of this Convention. The Committee therefore requests the Government to supply a copy of the Radiation Protection Decree of 2001, as amended, for in-depth examination.
The Committee notes the information supplied by the Government in its report.
It notes with interest the Government’s indication that on 28 April 2000 a draft decree on radiation protection which is expected to come into force at the end of the year 2000 was submitted to Parliament. This draft decree incorporates provisions of basic safety standards of the European Union (Euratom), such as the Basic Safety Directive 96/29/Euratom of 1996 and the Medical Radiation Treatment Directive 97/43/Euratom, into national legislation. In this regard, the Committee notes that the incorporation of the Directive 96/29/Euratom into national legislation would implement at the same time the recommendations given by the International Commission on Radiological Protection (ICRP) in 1990 (Publication No. 60). As to the content of this draft decree, the Committee notes with interest the Government’s indication that the effective dose limits for workers are fixed at a lower level than the dose limits set out in the respective Directive 96/29/Euratom and those recommended by the ICRP in its publication No. 60, 1990 (Article 3, paragraph 2, and Article 6, paragraph 2, of the Convention), and that the maximum permissible dose limits for workers who are not directly engaged in radiation work would be set at 1 mSv per year (Article 8) which constitutes the same dose limit as for members of the public. The Government further declares that the draft decree also contains provisions with respect to the medical surveillance of workers exposed to ionizing radiation (Article 12) as well as provisions concerning alternative employment for workers who have exceeded their lifetime dose limits and provisions with respect to tolerated dose limits for occupational exposure during and after an emergency. The Committee, taking due note of this information, requests the Government to forward a copy of the draft decree once it has been adopted in order to enable the Committee to determine the extent to which this decree applies the provisions of the Convention.
1. The Committee notes that the Government has indicated in its report of 1995 that the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) would be incorporated in the basic safety standards of the European Union (Euratom) and implemented into national legislation. The Committee notes that Directive 96/29/Euratom, adopted in May 1996, sets the effective dose limit of ionizing radiation at 100 mSv over five consecutive years, not exceeding 50 mSv in a single year. Recalling that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge as a means to ensure effective protection of workers against ionizing radiation and recalling also its 1992 general observation under the Convention, and in particular its paragraph 35(b), the Committee hopes that the Government will soon be in the position to indicate the steps taken to review the existing dose limits, in the light of current knowledge as embodied in the ICRP Recommendations of 1990 and in the International Basic Safety Standards of 1994.
2. Article 8. The Committee requests the Government to indicate the manner in which maximum permissible dose levels are established and enforced for workers who are not directly engaged in radiation work, but who pass or remain in areas where they may be exposed to ionizing radiation or radioactive substances. Referring to paragraph 14 of its general observation of 1992, the Committee would recall that the dose limit for these non-radiation workers should be the one applied to the public, which is set at 1 mSv per year under the 1990 ICRP Recommendations.
3. Article 14. The Committee requests the Government to supply information in its next report on steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice.
4. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee asks the Government to indicate the measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment may occur and who may thus be faced with the dilemma that protecting their health means losing their employment.
5. Occupational exposure during and after an emergency. The Committee notes that the information provided in the Government's report does not reply to its previous direct request. The Committee would draw again the Government's attention to paragraphs 16 to 27 and 35(c) of the general observation of 1992, which concern occupational exposure during and after an emergency, as well as to paragraphs 233 and 236 of the International Basic Safety Standards of 1994. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiation and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.
I. The Committee notes the information provided in the Government's latest report concerning the adoption of the Nuclear Energy Act Radiation Protection Decree, 1986. It notes the statistics provided in the Government's report concerning the doses of radiation received by radiologists in the Netherlands. In 1989, 173 individuals received annual doses between 15mSv and 50 mSv and 9 individuals received annual doses over 50 mSv. The Committee would draw the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised dose limits for exposure to ionising radiations 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 did not 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 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 prescribed for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.