The Egyptian House of Representatives approved a bill submitted by the government to amend some provisions of Law No. 7 of 2010 regulating nuclear and radiological activities, during its plenary session held on 29 March, despite the controversy the bill had sparked among MPs.
Ahead of the final vote, extensive discussions on the amendments took place at the meeting of the Energy and Environment Committee, chaired by Eng. Tarek El-Molla, as well as at the plenary session chaired by Counsellor Hisham Badawi, as MPs were divided between supporters who see them as a step towards closing legislative loopholes that strengthens the efficiency of the Nuclear and Radiological Regulatory Authority and enables it to perform its regulatory tasks more effectively, and opponents who warned of their potential repercussions on citizens’ health and national security.
The law regulating nuclear and radiological activities is considered the main legislative framework regulating the uses of nuclear energy in Egypt. It aims to regulate all nuclear and radiological activities and practices, and to establish a regulatory framework that guarantees the safety of people, property and the environment from the dangers of nuclear radiation.
Article 110 Tops the Crisis of the Amendments
The amendments covered five articles: the third, (14) bis, (26) bis and (62) bis, in addition to Article (110), which is the one that most provoked controversy and objections from some MPs. While the Egyptian government and a number of MPs defended the amendments to the law, stressing that they aim to close legislative loopholes, opponents warned against the amendments to the reconciliation article, given the risks they entail for citizens’ health and national security.
The article, which is at the centre of the controversy, grants the Nuclear and Radiological Regulatory Authority the right to reconcile in the nuclear and radiological crimes stipulated in Articles 105, 106, 107 and 108 of the law.
The article provides for three time frames for reconciliation: before the criminal case is referred to the competent court, in exchange for paying the Authority an amount not less than the minimum and not exceeding the maximum of the fine prescribed for each violation; after the criminal case is referred and before a final judgment is issued, in exchange for paying an amount not less than double the minimum and not exceeding the maximum of the fine; and also after the final judgment is issued, in exchange for paying an amount not less than the maximum and not exceeding twice the maximum of the prescribed fine.
Malek Adly, a lawyer before the Court of Cassation and director of the Egyptian Center for Economic and Social Rights, explains that Articles (105) to (108) of the law include extremely serious crimes that directly affect nuclear safety and citizens’ health.
He tells Zawia3 that Article (105) criminalises violating the controls on the transit of radioactive materials across Egyptian borders, with a penalty of up to aggravated imprisonment and a fine of no less than EGP 1 million, while Article (106) punishes practising nuclear or radiological activities without a licence, or operating facilities without meeting safety requirements, with penalties of up to imprisonment for five to seven years.
In addition, Article (107) deals with crimes related to circulating or importing foodstuffs or products that exceed the permitted radiation limits, or transporting radioactive materials without a permit, while Article (108) covers a wide range of violations, including failure to report a radiation leak or the loss of radioactive materials, obstructing the work of the Authority’s inspectors, or breaching nuclear safety systems.
Adly criticises the amendment approved by the House of Representatives, which permits reconciliation in these crimes after the causes of the violation have been removed, considering that it opens the door to the termination of the criminal case in exchange for paying financial fines at different stages of litigation. He questions the point of approving reconciliation in such cases, especially since the damage resulting from them cannot be remedied, nor its effects erased, by a mere financial settlement.
He adds that the effects of environmental and radiological crimes extend for many years, which calls for tougher penalties instead of allowing settlement. He calls for the amendment to be reconsidered, warning at the same time that expanding the permission of reconciliation in this type of crime represents “a dangerous legislative course”, especially given that some of them are linked to sensitive files such as food safety, the transport of radioactive waste and environmental security.
For his part, Dr Hisham Eissa, a member of the Union of Arab Environmental Experts, believes that the recent amendments to the law are basically administrative and regulatory more than technical, as they mainly aim to strengthen the role of the Nuclear and Radiological Regulatory Authority in monitoring nuclear and radiological activities and ensuring the peaceful use of atomic energy. He explains that Egypt does not possess a nuclear weapon, and that all uses are peaceful and confined to the framework of power plants and medical fields.
The environmental affairs expert indicates, speaking to Zawia3, that the article relating to reconciliation in violations after the removal of their causes has caused a degree of confusion, due to the lack of clarity of the procedures and controls regulating it in the legal text.
He stresses the need to define the legal framework more precisely, whether with regard to the scope of violations, the bodies authorised to practise the activities, or the rules regulating the mechanism for dealing with waste, including burial and safe disposal, in order to guarantee the protection of the environment and citizens’ health.
A Hazy Vision and a Squandering of Future Generations’ Rights
The amendments to the law regulating nuclear and radiological activities come in preparation for the operation of the El-Dabaa nuclear power plant in Matrouh Governorate, which is considered Egypt’s first nuclear plant for generating electricity. The project aims to diversify energy sources and provide clean and sustainable electricity in cooperation with the Russian company “Rosatom”. It consists of four units with a capacity of 1,200 megawatts each, for a total capacity of 4,800 megawatts, using advanced third-generation reactors of the (VVER‑1200) type. The first reactor is planned to be operated in mid-2028, with the other three reactors entering service successively until 2030.
In this context, MP Mohamed Farid of the Reform and Development Party and the Coordination of Party Youth Leaders and Politicians believes that “the recent amendments to the law provide for the possibility of reconciliation in a group of crimes that the original law punished with aggravated imprisonment for periods of up to seven years, and in which there should be no reconciliation because they directly affect nuclear safety, and their impact is not erased by mere financial payment”.
The member of the House of Representatives adds, speaking to Zawia3, that these crimes include crossing Egyptian airspace, waters or territory with radioactive materials without approval, operating nuclear or radiological facilities without a licence and violating operational safety requirements, in addition to crimes of importing radioactive waste.
Farid continues that some other crimes, by contrast, are fundamentally different, and include about twelve procedural and operational articles whose violations can actually be settled, and here the possibility of reconciliation can be considered. The important thing is to distinguish between procedural errors, in which reconciliation is possible, and crimes that affect public health, sovereignty, public security and the environment, to ensure that nuclear security is not compromised and that citizens are protected.
Human rights lawyer Ahmed El-Saeedi, chairman of the board of trustees of the Egyptian Foundation for Environmental Rights, for his part, believes that the biggest crisis in Egyptian environmental legislation lies in the absence of participation by civil society, especially specialists in environmental affairs, in drafting laws and monitoring their implementation.
He explains, speaking to Zawia3, that civil society is an essential element for developing the best environmental policies and practices, a role that is applied worldwide but is almost absent in Egypt, noting that no environmental organisation was invited to discuss the draft law on nuclear and radiological activities and its recent amendments. He points out that the failure to involve civil society in drafting environmental legislation reflects a disregard for the rights of future generations, guaranteed in the Constitution by Articles (32, 45, 46),
El-Saeedi points out that the issue of reconciliation in environmental crimes after the removal of the causes of the violation represents a dangerous loophole, because the original rule in criminal law is that reconciliation is not permissible in criminal offences, and the exceptions are limited to minor financial crimes. He stresses that environmental crimes are fundamentally different, as their effects extend for decades and reach future generations, and therefore allowing reconciliation will open the door to serious violations without deterrent punishment.
The chairman of the board of trustees of the Egyptian Foundation for Environmental Rights stresses that removing the violation in environmental crimes, such as radioactive emissions or leaks at nuclear plants, is extremely complex, and the resulting environmental damage cannot be determined precisely. Therefore, allowing reconciliation despite the condition of removing the causes of the violation represents a real danger to the environment and public health, as the effects of violations cannot be erased merely by removing the causes, as stated in the text.
He affirms that the recent amendments are flawed and could open the door to violations in the future, calling for a legislative framework that guarantees the philosophy of deterrent punishment and achieves environmental protection and the sustainability of resources for future generations.
Article 32 of the Egyptian Constitution, as amended in 2019, stipulates that the state’s natural resources belong to the people; the state is committed to preserving them, exploiting them well, not depleting them and taking into account the rights of future generations in them. The state is committed to working towards the optimal exploitation of renewable energy sources, stimulating investment in them and encouraging scientific research related to them. The state works to encourage the manufacturing of raw materials and to increase their added value in accordance with economic feasibility.
Likewise, Article 45 stipulates: “The state is committed to protecting its seas, shores, lakes, waterways and natural reserves. It is prohibited to encroach upon them, pollute them or use them in a manner incompatible with their nature.” In addition, Article 46 stipulates that: “Every person has the right to a healthy and sound environment, and its protection is a national duty. The state is committed to taking the necessary measures to preserve it and not harm it, and to the rational use of natural resources so as to ensure the achievement of sustainable development, and to guaranteeing the rights of future generations in it.”
Despite the fears and warnings raised by some experts and specialists, Dr Magdy Allam, Secretary-General of the Union of Arab Environmental Experts, believes, speaking to Zawia3, that the practice of nuclear activities in Egypt is limited and permitted for medical and industrial purposes, and is subject to strict oversight to ensure safety and security, noting that Egypt is a signatory to a number of international agreements and treaties that regulate the use of nuclear energy, guarantee nuclear safety and establish mechanisms for cooperation and reporting in the event of nuclear accidents.
The environmental expert indicates, speaking to Zawia3, that the idea of reconciliation over violations, which has provoked controversy, is neither random nor open-ended, as all nuclear and radiological activities are subject to international supervision and the monitoring of inspection bodies, which prevents the conversion of civilian use to military use or the causing of environmental and health damage. He notes that these activities, such as medical facilities that use radiation in hospitals, are managed according to precise rules to reduce any potential risks to people or the environment.
Egypt, along with a number of countries, signed a set of international agreements and treaties regulating the use of nuclear energy. The most prominent of these agreements is the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), which Egypt signed in July 1968 and then ratified in February 1981. This agreement prohibits signatory states from manufacturing or transferring nuclear weapons and promotes the peaceful uses of atomic energy.
Likewise, Egypt ratified the Convention on Early Notification of a Nuclear Accident under Presidential Decree No. 402 of 1987, under which it is committed to notifying the International Atomic Energy Agency and the affected states immediately of any nuclear accident that may result in a transboundary radiation leak. Egypt also ratified the Convention on Civil Liability for Nuclear Damage to guarantee compensation for any damage that may result from nuclear accidents, and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, which regulates international cooperation to provide technical and logistical support when needed.
It is worth noting that on 7 November 2012, the Egyptian Public Prosecutor, Counsellor Abdel Meguid Mahmoud, issued a swift order to begin investigations into a complaint concerning the establishment of nuclear waste burial sites inside Egyptian territory, specifically in the areas of El Alamein and the El Hammam desert on the North Coast.
The complaint was submitted by members of the Freedoms Committee of the Lawyers Syndicate at the time, against former President Mohamed Hosni Mubarak and his two former prime ministers, Atef Ebeid and Ahmed Nazif, based on what the newspaper “Sawt Al-Umma” had published about some Egyptian and European businessmen being allowed to establish nuclear waste burial sites, and it demanded a speedy investigation and the taking of the necessary measures.
Despite the start of investigations and the summoning of witnesses in November 2012, the Public Prosecution has not, to date, issued any announced official results confirming or denying the burial of nuclear waste in Egypt, and no precise details have been announced about the incident and the fate of the investigations.
Fears of Additional Fees on the El-Dabaa Plant
During the committee’s discussion of the amendments to the law, Eng. Tarek El-Molla, head of the Energy and Environment Committee of the House of Representatives, defended the proposed amendments, and explained that the features of the draft law on regulating nuclear and radiological activities come within a legislative philosophy aimed at developing the legal system governing this sector. They aim to raise the efficiency of the Nuclear and Radiological Regulatory Authority and enable it to perform its regulatory tasks more effectively, ensuring the strict application of the law and the protection of nuclear security and public health.
The head of the Energy and Environment Committee of the House of Representatives also explained that the practical application of the current law had revealed legislative loopholes that required intervention to regulate concepts and strengthen legal discipline in an extremely sensitive sector. Among the most prominent features of the amendments is a more precise reformulation of the definition of radiation facilities, in addition to updating the system of fees for licences and permits in line with economic changes, while adhering to constitutional controls.
He affirmed that the new fees aim to support the Nuclear and Radiological Regulatory Authority’s own resources and to strengthen its regulatory and technical capacities, without imposing additional burdens on citizens, as they are limited to activities linked to nuclear facilities, with medical uses excepted. He also pointed to the granting of broader powers to the Authority, including administrative seizure and allowing reconciliation in some crimes according to specific controls, in addition to regulating the local manufacture of nuclear safety components and toughening penalties for violations related to the circulation of radioactive materials without a permit.
On another front, the Nuclear Power Plants Authority had expressed reservations about some of the amendments to the law concerning fees for importing radioactive materials and sources. Last February, during a meeting of the Energy and Environment Committee of the House of Representatives, Dr Sherif Helmy, head of the Nuclear Power Plants Authority, stressed that some of the proposed amendments to the draft law could be directly reflected on the El-Dabaa nuclear power plant project, particularly regarding the part concerning fees for importing radioactive materials and sources.
He explained that any increase in the item of fees for importing radioactive materials and sources could entail additional financial burdens estimated, according to the Authority, at between EGP 800 million and EGP 1 billion annually as operating expenses that had not been included in the feasibility studies, which could ultimately affect the cost of producing electricity and the price per kilowatt-hour for citizens.
This was denied by Dr Hany Ibrahim Khader, head of the Nuclear and Radiological Regulatory Authority, who stressed that the fees contained in the draft law concern only research reactors, ensuring that these projects are not burdened with unexpected financial costs, while water desalination plants are not covered by any amendment to the fees.
The law saw its first amendment in 2017 under Law No. 211 of 2017. The amendments at that time focused on strengthening the Authority’s independence and expanding its powers, in addition to reorganising its administrative structure and working mechanisms, allowing it to keep pace with international standards in the fields of nuclear safety and security. The amendments also included updating basic definitions, expanding the scope of coordination between the sovereign and executive bodies concerned, and granting the Authority greater flexibility in managing its human and financial resources, enabling it to attract specialised technical talent.
The amendments also included developing the system of licences and fees associated with nuclear and radiological activities, and defining the competences of the various bodies more clearly, strengthening legal discipline within the sector. This came in parallel with the state’s drive to implement major strategic projects, foremost among them the El-Dabaa nuclear power plant project, ensuring the existence of a regulatory and legislative framework capable of keeping pace with the expansion in the uses of nuclear energy for peaceful purposes.
By contrast, the recent amendments came in preparation for the operation of the El-Dabaa nuclear power plant, but they sparked wide controversy over the possibility of reconciliation in radiological crimes, while experts stressed the need for an integrated legislative framework that balances administrative flexibility and deterrent punishment to ensure the safety of society and transparency in the management of nuclear activities.
