Has a Slovenian licensee a right of recourse against his employees (in particular those in operational control) if they cause a nuclear damage either by their negligent behaviour or with the intent to cause such damage ? If this the case is this right of recourse granted on the basis of the labour contracts entered into between the license holder and its employees or otherwise?

A Slovenian licensee has a right of recourse against his employees based on both Contract on Employment and Internal Rule on Disciplinary Liability of the Krsko NPP employees.

According to point 7.3. of the National Report, inspectors are empowered to submit requests for legal action against the licensee. Is it possible for the Slovenian authorities to impose administrative sanctions ? If this is the case, what kind of sanctions can be imposed for what kind of offences ? In case these sanctions are fines, what are the amounts the license holder or its employees can be fined?

Yes, Slovenian authorities are entitled to impose administrative sanctions. The SNSA may order to discontinue the operation of NPP (suspend the license/shut down the plant) and revoke the license for its operation. 

Penal previsions in the 1984 Act include more than 30 different offences on which the fines can be imposed by the competent court. In the past SNSA had submitted few requests for legal action to the court in cases when in the course of its supervision SNSA established non-compliance with regulations. Sanctions are imposed on operating organisation and the responsible person, i.e. Director General at the same time. Maximum fine for offence is 10 Million SIT which is approx. equivalent to 50.000 EUROs. Criminal acts are regulated in the Penal Code.

Does Slovenia intend to become a party to the Convention on the Protection of Environment through Criminal Law (European Treaty Series/172), opened for signature in Strasbourg on 4 November 1998, which deals, in particular, with intentional and negligent offences committed by means of nuclear substances or installations?

Slovenia had participated in drafting the Convention. Signing of the Convention is under consideration.

Regarding the financial responsibilities of the operator for potential damages to the public or the environment. How are they guaranteed? Has the SNSA any review responsibilities before granting the license?

Financial responsibility of the operator for potential damages to the public or the environment as determined by the Vienna Convention on Civil Liability for Nuclear Damage is applied for the NPP Krsko from 1981 when the first nuclear fuel arrived to the site. Domestic laws from 1978 and 1980 on third party liability and on compulsory insurance are in accordance with the Vienna Convention. The operator is insured by the Nuclear Insurance and Reinsurance Pool Ljubljana with the Third Party Liability Insurance Policy. The amount of liability of the operator in case of nuclear accident was in 1998 amended by the Government from the amount called for in 1965 Vienna Convention to 42 million US $ per nuclear accident. Before granting Operating License the applicant has to show that the facility has proper insurance in place. When executing the inspection, SNSA has power to control the maintenance of the insurance coverage.

Who is the highest representative of the operating organisation/licensee bearing the legal responsibility for safety at the plant?

The highest representative of the operating organisation/licensee bearing the legal responsibility for safety at the plant is the Director General.

What is the legal responsibility of the license holder considering safety items not covered by the licensing requirements (considering that no explicit legal requirement for complete and undivided responsibility exists)?

There is a general requirement in the 1984 Act holding the licensee responsible for taking necessary measures and initiatives to upgrade safety in response to the feedback of operating experience in nuclear industry. A very clear requirement is also in Section 36 of Regulation E-1 where it is stated that during the operation of the nuclear facility the operating organisation shall permanently survey and analyse its safety status, taking into consideration the experience gained from other nuclear facilities as well as technological development.