Nuclear power plants in Serbia – status of the legal framework

25.06.2024.

Recently, the issue of using nuclear energy in the Republic of Serbia has often been discussed publicly. Below is a brief overview of the current framework by which this matter is regulated and considered.

The Law on the Prohibition of the Construction of Nuclear Power Plants in the Federal Republic of Yugoslavia is currently in force in the Republic of Serbia (“Official Gazette of the FRY”, No. 12/95 and “Official Gazette of the RS”, No. 85/2005 – other law) (the” Law“) which applies as a “legacy” regulation.

The Law applies as a “legacy” regulation and is brief but very restrictive in content. Namely, the Law prohibits the construction of:

• nuclear power plants,
• facilities for the production of nuclear fuel and
• facilities for the processing of spent nuclear fuel for nuclear power plants.

In addition, the ban also applies to:

making investment decisions, developing investment programs and technical documentation for the construction of nuclear power plants, facilities for the production of nuclear fuel and facilities for the processing of spent fuel for nuclear power plants.

Furthermore, the Criminal Code of the Republic of Serbia (“Official Gazette of RS”, no. 85/2005, 88/2005 – corrected, 107/2005 – corrected, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, 94/2016 and 35/2019) provides in Article 267 a special criminal offense – Unauthorized construction of nuclear facilities, and reads: “Whoever, contrary to the regulations, approves or proceeds with the construction of a nuclear power plant, a facility for the production of nuclear fuel or a facility for the processing of spent nuclear waste, will be sanctioned by imprisonment from six months to five years.”

The current Energy Development Strategy of the Republic of Serbia until 2025 with projections until 2030 (“Official Gazette of RS”, No. 101/2015) (the “Strategy“) deals with the subject of the possibility of using nuclear energy.

The Strategy foresees, among other things, that as far as the possibility of using nuclear energy is concerned, there is currently no regulatory and administrative framework that would regulate the construction and operation of nuclear power plants. Also, there is no scientific or professional staff to monitor the construction and operation of these facilities, and the training of staff for the needs of nuclear energy has been stopped. A similar situation is in the administrative-regulatory and scientific-professional sense with the treatment of highly radioactive waste and spent nuclear fuel. It should also be taken into account that this is energy based on imported fuels. However, the construction of nuclear power plants as a possibility should not be completely ruled out, given the environmental limitations for existing production and future needs. It is estimated that 10-15 years from the moment of repeal of the Law would be the minimum necessary period, to overcome all the listed problems and shortcomings, until the possible start of operation of such a plant in the Republic of Serbia.

The only strategic document in the field of energy that deals with the eventual possibility of using nuclear energy is the Integrated National Energy and Climate Plan of the Republic of Serbia for the period up to 2030 with a vision up to 2050, which has not yet been adopted (the “Integrated Plan“).

One of the scenarios provided by the Integrated Plan considers the introduction of nuclear power plants with a total capacity of up to 1,000 MW into the Serbian power system after 2040, to consider a possible contribution to the path of decarbonization until 2050.

It remains to be seen how the legislator and the professional public will further consider this very important issue.