Hrvatska elektroprivreda d.d. (HEP d. d.) owns 50 percent of the Krško Nuclear Power Plant (Krško NPP). Consequently, HEP d.d. – and, indirectly, the Republic of Croatia – shares the responsibility for the decommissioning of the Krško NPP and management of one half of existing and future radioactive waste generated by the operation and decommissioning of the Krško NPP.
This obligation, which in principle derives from generally recognised international standards and legally binding conventions acceded to by the Republic of Croatia, has been confirmed in the Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia on the Regulation of the Status and other Legal Relations Regarding Investment, Exploitation and Decommissioning of the Krško Nuclear Power Plant (Official Gazette “Narodne novine” – International Treaties, no. 9/02 hereinafter: the Bilateral Agreement).
The Bilateral Agreement led to the founding of NEK d.o.o. (Krško NPP limited liability company) and defined its co-owners, energy generation and transfer criteria, costs, the decommissioning and disposal of waste and spent fuel as well as the funding, investment protection, pre-emption right, contract implementation monitoring system and dispute resolution.
The decommissioning of the Krško NPP and the disposal of RW and SNF are defined in Articles 10 and 11 of the Bilateral Agreement. Pursuant to Article 10, the decommissioning of the Krško NPP and RW and SNF disposal are a shared responsibility and contracting parties agree to provide an economically and environmentally viable joint solution for the decommissioning and RW and SNF disposal. The Krško NPP site may be used for interim storage of radioactive waste and spent nuclear fuel until the end of its lifespan. In the meantime, the Krško NPP obtained a power plant lifespan extension permit (10+10 years); however, its RW storage capacity was designed to cover the estimated amount of waste generated by 2023. In order to enable continued operation of the power plant during its extended lifespan (10+10) and the storage of newly generated operational RW, the Republic of Croatia and the Republic of Slovenia are required to takeover one half of generated operational RW from storage by 2023.
The Bilateral Agreement clearly states that both countries shall jointly plan the decommissioning of the Krško NPP and provide equal funding. However, the management of the Krško NPP RW and SNF has not been unambiguously defined in the same vein. The 13th Session of the Intergovernmental Commission concluded that a joint solution for the management of low and intermediate level radioactive waste (LILW) is not practicable. On the other hand, SNF is to be stored at the Krško NPP site and subsequently, upon closedown of the dry storage, disposed in a deep geological repository. To address this issue, certain initiatives have explored the prospect of a common, multinational solution. What we do know is that the disposal of this waste in either the Republic of Croatia or the Republic of Slovenia is unlikely.
The Krško NPP Decommissioning and RW and SNF Disposal Programmes are the only officially anticipated instruments for negotiating and implementing the Bilateral Agreement in this field. The drafting of the Krško NPP Decommissioning Programme and RW and SNF Disposal Programme calls for supporting studies and designs, which must be in line with national strategies and programmes.
Under Article 18, the Intergovernmental Commission, made up equally of representatives from both countries, is responsible for monitoring the implementation of the Agreement. The Croatian delegation is headed by the Minister of Economy and Sustainable Development of the Republic of Croatia.