Nuclear Energy
29 July 1960, as amended by the Additional Protocol
28 January 1964 and by the Protocol
16 November 1982
ficial Journal L 338 , 23/12/2003 P. 0032 - 0040 Dates:
document: 27/11/2003
signature: 27/11/2003; Brussels end
validity: 99/99/9999 Author: Federal Republic
Germany ; Belgium ; Denmark ; Spain ; Finland ; France ; Greece ; Italy ; Norway ; Netherlands ; Portugal ; United Kingdom ; Slovenia ; Sweden ; Switzerland ; Turkey Subject matter: External relations ; Nuclear common market Directory code: 11307000 EUROVOC descriptor: civil liability ; nuclear energy ; nuclear accident ; European convention ; help for victims ; indemnification Legal basis: 102E061-PTC).............. Adoption 102E067-P5................ Adoption 102E300-P2L1.............. Adoption Subsequent related instruments: Relation...... 303D0882.......... Protocol to amend the Convention on Third Party Liability in the Field
Nuclear Energy
29 July 1960, as amended by the Additional Protocol
28 January 1964 and by the Protocol
16 November 1982 THE GOVERNMENTS
the Federal Republic
Germany, the Kingdom
Belgium, the Kingdom
Denmark, the Kingdom
Spain, the Republic
Finland, the French Republic, the Hellenic Republic, the Italian Republic, the Kingdom
Norway, the Kingdom
the Netherlands, the Portuguese Republic, the United Kingdom
Great Britain and Northern Ireland, the Republic
Slovenia, the Kingdom
Sweden, the Swiss Confederation and the Republic
Turkey, CONSIDERING that it is desirable to amend the Convention on Third Party Liability in the Field
Nuclear Energy, concluded at Paris on 29 July 1960 within the framework
the Organisation for European Economic Cooperation, now the Organisation for Economic Cooperation and Development, as amended by the Additional Protocol signed at Paris on 28 January 1964 and by the Protocol signed at Paris on 16 November 1982, HAVE AGREED as follows: I. The Convention on Third Party Liability in the Field
Nuclear Energy
29 July 1960, as amended by the Additional Protocol
28 January 1964 and by the Protocol
16 November 1982, shall be amended as follows: A. subparagraphs (i) and (ii)
paragraph (a)
shall be replaced by the following: "(i) 'A nuclear incident' means any occurrence or series
occurrences having the same origin which causes nuclear damage; (ii) 'Nuclear installation' means reactors other than those comprised in any means
transport; factories for the manufacture or processing
nuclear substances; factories for the separation
isotopes
nuclear fuel; factories for the reprocessing
irradiated nuclear fuel; facilities for the storage
nuclear substances other than storage incidental to the carriage
such substances; installations for the disposal
nuclear substances; any such reactor, factory, facility or installation that is in the course
being decommissioned; and such other installations in which there are nuclear fuel or radioactive products or waste as the Steering Committee for Nuclear Energy
the Organisation (hereinafter referred to as the 'Steering Committee') shall from time to time determine; any Contracting Party may determine that two or more nuclear installations
one operator which are located on the same site shall, together with any other premises on that site where nuclear fuel or radioactive products or waste are held, be treated as a single nuclear installation; " B. four new subparagraphs (vii), (viii), (ix) and (x), shall be added to paragraph (a)
loss
life or personal injury; 2. loss
or damage to property; and each
the following to the extent determined by the law
the competent court, 3. economic loss arising from loss or damage referred to in subparagraph 1 or 2 above insofar as not included in those subparagraphs, if incurred by a person entitled to claim in respect
such loss or damage; 4. the costs
measures
reinstatement
impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken, and insofar as not included in subparagraph 2 above; 5. loss
income deriving from a direct economic interest in any use or enjoyment
the environment, incurred as a result
a significant impairment
that environment, and insofar as not included in subparagraph 2 above; 6. the costs
preventive measures, and further loss or damage caused by such measures, in the case
subparagraphs 1 to 5 above, to the extent that the loss or damage arises out
or results from ionising radiation emitted by any source
radiation inside a nuclear installation, or emitted from nuclear fuel or radioactive products or waste in, or
nuclear substances coming from, originating in, or sent to, a nuclear installation, whether so arising from the radioactive properties
such matter, or from a combination
radioactive properties with toxic, explosive or other hazardous properties
such matter; (viii) 'measures
reinstatement' means any reasonable measures which have been approved by the competent authorities
the State where the measures were taken, and which aim to reinstate or restore damaged or destroyed components
the environment, or to introduce, where reasonable, the equivalent
these components into the environment. The legislation
the State where the nuclear damage is suffered shall determine who is entitled to take such measures; (ix) 'preventive measures' means any reasonable measures taken by any person after a nuclear incident or an event creating a grave and imminent threat
nuclear damage has occurred, to prevent or minimise nuclear damage referred to in subparagraphs (a)(vii) 1 to 5, subject to any approval
the competent authorities required by the law
the State where the measures were taken; (x) 'reasonable measures' means measures which are found under the law
the competent court to be appropriate and proportionate, having regard to all the circumstances, for example: 1. the nature and extent
the nuclear damage incurred or, in the case
preventive measures, the nature and extent
the risk
such damage;
, or in any maritime zones established in accordance with international law
, or, except in the territory
a non-Contracting State not mentioned under (ii) to (iv)
this paragraph, on board a ship or aircraft registered by: (
the nuclear incident, is a Contracting Party to the Vienna Convention on Civil Liability for Nuclear Damage
21 May 1963 and any amendment thereto which is in force for that Party, and to the Joint Protocol relating to the Application
the Vienna Convention and the Paris Convention
21 September 1988, provided however, that the Contracting Party to the Paris Convention in whose territory the installation
the operator liable is situated, is a Contracting Party to that Joint Protocol; (iii) a non-Contracting State which, at the time
the nuclear incident, has no nuclear installation in its territory or in any maritime zones established by it in accordance with international law; or (iv) any other non-Contracting State which, at the time
the nuclear incident, has in force nuclear liability legislation which affords equivalent reciprocal benefits, and which is based on principles identical to those
this Convention, including, inter alia, liability without fault
the operator liable, exclusive liability
the operator or a provision to the same effect, exclusive jurisdiction
the competent court, equal treatment
all victims
a nuclear incident, recognition and enforcement
judgments, free transfer
compensation, interests and costs. (b) Nothing in this Article shall prevent a Contracting Party, in whose territory the nuclear installation
the operator liable is situated, from providing for a broader scope
application
this Convention under its legislation." D. Article 3 shall be replaced by the following: "(a) The operator
a nuclear installation shall be liable, in accordance with this Convention, for nuclear damage other than: (
the damage which is caused by such other incident, shall, to the extent that it is not reasonably separable from the nuclear damage caused by the nuclear incident, be considered to be nuclear damage caused by the nuclear incident. Where nuclear damage is caused jointly by a nuclear incident and by an emission
ionizing radiation not covered by this Convention, nothing in this Convention shall limit or otherwise affect the liability
any person in connection with that emission
ionizing radiation."; E. paragraphs (c) and (d)
shall be renumbered as paragraphs (
liability to the operator
another nuclear installation pursuant to paragraphs (a)(i) and (ii) and (b)(i) and (ii)
this Article may only take place if that operator has a direct economic interest in the nuclear substances that are in the course
carriage."; F. paragraphs (b) and (d)
shall be replaced by the following: "(b) Where, however, nuclear damage is caused by a nuclear incident occurring in a nuclear installation and involving only nuclear substances stored therein incidentally to their carriage, the operator
the nuclear installation shall not be liable where another operator or person is liable pursuant to Article 4. (d) If nuclear damage gives rise to liability
more than one operator in accordance with this Convention, the liability
these operators shall be joint and several, provided that where such liability arises as a result
nuclear damage caused by a nuclear incident involving nuclear substances in the course
carriage in one and the same means
transport, or, in the case
storage incidental to the carriage, in one and the same nuclear installation, the maximum total amount for which such operators shall be liable shall be the highest amount established with respect to any
them pursuant to Article 7. In no case shall any one operator be required, in respect
a nuclear incident, to pay more than the amount established with respect to him pursuant to Article 7."; G. paragraphs (c) and (e)
shall be replaced by the following: "(
any individual for nuclear damage caused by a nuclear incident for which the operator, by virtue
(a) or Article 9, is not liable under this Convention and which results from an act or omission
that individual done with intent to cause damage; 2.
a person duly authorised to operate a reactor comprised in a means
transport for nuclear damage caused by a nuclear incident when an operator is not liable for such damage pursuant to Article 4(a)(iii) or (b)(iii). (
the person suffering the damage or from an act or omission
such person done with intent to cause damage, the competent court may, if national law so provides, relieve the operator wholly or partly from his obligation to pay compensation in respect
the damage suffered by such person."; H. Article 7 shall be replaced by the following: "(a) Each Contracting Party shall provide under its legislation that the liability
the operator in respect
nuclear damage caused by any one nuclear incident shall not be less than EUR 700 million. (b) Notwithstanding paragraph (a)
this Article and Article 21(c), any Contracting Party may: (i) having regard to the nature
the nuclear installation involved and to the likely consequences
a nuclear incident originating therefrom, establish a lower amount
liability for that installation, provided that in no event shall any amount so established be less than EUR 70 million; and (ii) having regard to the nature
the nuclear substances involved and to the likely consequences
a nuclear incident originating therefrom, establish a lower amount
liability for the carriage
nuclear substances, provided that in no event shall any amount so established be less than EUR 80 million. (c) Compensation for nuclear damage caused to the means
transport on which the nuclear substances involved were at the time
the nuclear incident shall not have the effect
reducing the liability
the operator in respect
other nuclear damage to an amount less than either EUR 80 million, or any higher amount established by the legislation
a Contracting Party. (d) The amount
liability
operators
nuclear installations in the territory
a Contracting Party established in accordance with paragraph (a) or (b)
this Article or with Article 21(c), as well as the provisions
any legislation
a Contracting Party pursuant to paragraph (c)
this Article shall apply to the liability
such operators wherever the nuclear incident occurs. (e) A Contracting Party may subject the transit
nuclear substances through its territory to the condition that the maximum amount
liability
the foreign operator concerned be increased, if it considers that such amount does not adequately cover the risks
a nuclear incident in the course
the transit, provided that the maximum amount thus increased shall not exceed the maximum amount
liability
operators
nuclear installations situated in its territory. (f) The provisions
paragraph (e)
this Article shall not apply: (i) to carriage by sea where, under international law, there is a right
entry in cases
urgent distress into the ports
such Contracting Party or a right
innocent passage through its territory; or (ii) to carriage by air where, by agreement or under international law, there is a right to fly over or land on the territory
such Contracting Party. (g) In cases where the Convention is applicable to a non-Contracting State in accordance with Article 2(a)(iv), any Contracting Party may establish in respect
nuclear damage amounts
liability lower than the minimum amounts established under this Article or under Article 21(c) to the extent that such State does not afford reciprocal benefits
an equivalent amount. (h) Any interest and costs awarded by a court in actions for compensation under this Convention shall not be considered to be compensation for the purposes
this Convention and shall be payable by the operator in addition to any sum for which he is liable in accordance with this Article. (
the funds provided for such compensation."; I. Article 8 shall be replaced by the following: "(a) The right
compensation under this Convention shall be subject to prescription or extinction if an action is not brought, (i) with respect to loss
life and personal injury, within 30 years from the date
the nuclear incident; (ii) with respect to other nuclear damage, within ten years from the date
the nuclear incident. (
paragraph (a)
this Article, if measures have been taken by the Contracting Party within whose territory the nuclear installation
the operator liable is situated to cover the liability
that operator in respect
any actions for compensation begun after the expiry
the period set out in subparagraph (i) or (ii)
paragraph (a)
this Article and during such longer period. (c) If, however, a longer period is established in accordance with paragraph (b)
this Article, an action for compensation brought within such period shall in no case affect the right
compensation under this Convention
any person who has brought an action against the operator, (i) within a 30-year period in respect
personal injury or loss
life; (ii) within a 10-year period in respect
all other nuclear damage. (d) National legislation may establish a period
not less than three years for the prescription or extinction
rights
compensation under the Convention, determined from the date at which the person suffering nuclear damage had knowledge, or from the date at which that person ought reasonably to have known
both the nuclear damage and the operator liable, provided that the periods established pursuant to paragraphs (a) and (b)
this Article shall not be exceeded. (e) Where the provisions
(f)(ii) are applicable, the right
compensation shall not, however, be subject to prescription or extinction if, within the time provided for in paragraphs (a), (b) and (d)
this Article, (i) prior to the determination by the Tribunal referred to in Article 17, an action has been brought before any
the courts from which the Tribunal can choose; if the Tribunal determines that the competent court is a court other than that before which such action has already been brought, it may fix a date by which such action has to be brought before the competent court so determined; or (ii) a request has been made to a Contracting Party concerned to initiate a determination by the Tribunal
the competent court pursuant to Article 13(f)(
any aggravation
the nuclear damage after the expiry
such period, provided that final judgment has not been entered by the competent court."; J. Article 9 shall be replaced by the following: "The operator shall not be liable for nuclear damage caused by a nuclear incident directly due to an act
armed conflict, hostilities, civil war, or insurrection."; K. Article 10 shall be replaced by the following: "(a) To cover the liability under this Convention, the operator shall be required to have and maintain insurance or other financial security
the amount established pursuant to Article 7(
such type and terms as the competent public authority shall specify. (b) Where the liability
the operator is not limited in amount, the Contracting Party within whose territory the nuclear installation
the liable operator is situated shall establish a limit upon the financial security
the operator liable, provided that any limit so established shall not be less than the amount referred to in Article 7(
the liable operator is situated shall ensure the payment
claims for compensation for nuclear damage which have been established against the operator by providing the necessary funds to the extent that the insurance or other financial security is not available or sufficient to satisfy such claims, up to an amount not less than the amount referred to in Article 7(a) or Article 21(c). (d) No insurer or other financial guarantor shall suspend or cancel the insurance or other financial security provided for in paragraph (a) or (b)
this Article without giving notice in writing
at least two months to the competent public authority or, in so far as such insurance or other financial security relates to the carriage
nuclear substances, during the period
the carriage in question. (e) The sums provided as insurance, reinsurance, or other financial security may be drawn upon only for compensation for nuclear damage caused by a nuclear incident."; L. Article 12 shall be replaced by the following: "Compensation payable under this Convention, insurance and reinsurance premiums, sums provided as insurance, reinsurance, or other financial security required pursuant to Article 10, and interest and costs referred to in Article 7(h), shall be freely transferable between the monetary areas
the Contracting Parties."; M. Article 13 shall be replaced by the following: "(
the Contracting Party in whose territory the nuclear incident occurred. (b) Where a nuclear incident occurs within the area
the exclusive economic zone
a Contracting Party or, if such a zone has not been established, in an area not exceeding the limits
an exclusive economic zone were one to be established, jurisdiction over actions concerning nuclear damage from that nuclear incident shall, for the purposes
this Convention, lie only with the courts
that Party, provided that the Contracting Party concerned has notified the Secretary-General
the Organisation
such area prior to the nuclear incident. Nothing in this paragraph shall be interpreted as permitting the exercise
jurisdiction or the delimitation
a maritime zone in a manner which is contrary to the international law
the sea. (c) Where a nuclear incident occurs outside the territory
the Contracting Parties, or where it occurs within an area in respect
which no notification has been given pursuant to paragraph (b)
this Article, or where the place
the nuclear incident cannot be determined with certainty, jurisdiction over such actions shall lie with the courts
the Contracting Party in whose territory the nuclear installation
the operator liable is situated. (d) Where a nuclear incident occurs in an area in respect
which the circumstances
(d) apply, jurisdiction shall lie with the courts determined, at the request
a Contracting Party concerned, by the Tribunal referred to in Article 17 as being the courts
that Contracting Party which is most closely related to and affected by the consequences
the incident. (e) The exercise
jurisdiction under this Article as well as the notification
an area made pursuant to paragraph (b)
this Article shall not create any right or obligation or set a precedent with respect to the delimitation
maritime areas between States with opposite or adjacent coasts. (f) Where jurisdiction would lie with the courts
more than one Contracting Party by virtue
paragraph (a), (b) or (c)
this Article, jurisdiction shall lie: (i) if the nuclear incident occurred partly outside the territory
any Contracting Party and partly in the territory
a single Contracting Party, with the courts
that Contracting Party; and (ii) in any other case, with the courts determined, at the request
a Contracting Party concerned, by the Tribunal referred to in Article 17 as being the courts
that Contracting Party which is most closely related to and affected by the consequences
the incident. (g) The Contracting Party whose courts have jurisdiction shall ensure that in relation to actions for compensation
nuclear damage: (i) any State may bring an action on behalf
persons who have suffered nuclear damage, who are nationals
that State or have their domicile or residence in its territory, and who have consented thereto; and (
its courts shall be competent to rule on compensation for nuclear damage arising from any one nuclear incident, the criteria for such selection being determined by the national legislation
such Contracting Party. (i) Judgements entered by the competent court under this Article after trial, or by default, shall, when they have become enforceable under the law applied by that court, become enforceable in the territory
any
the other Contracting Parties as soon as the formalities required by the Contracting Party concerned have been complied with. The merits
the case shall not be the subject
further proceedings. The foregoing provisions shall not apply to interim judgments. (j) If an action is brought against a Contracting Party under this Convention, such Contracting Party may not, except in respect
measures
execution, invoke any jurisdictional immunities before the court competent in accordance with this Article."; N. Paragraph (b)
shall be replaced by the following: "(b) 'National law' and 'national legislation' mean the law or the national legislation
the court having jurisdiction under this Convention over claims arising out
a nuclear incident, excluding the rules on conflict
laws relating to such claims. That law or legislation shall apply to all matters both substantive and procedural not specifically governed by this Convention."; O. Paragraph (b)
shall be replaced by the following: "(b) Insofar as compensation for nuclear damage is in excess
the 700 million euros referred to in Article 7(a), any such measure in whatever form may be applied under conditions which may derogate from the provisions
this Convention."; P. a new Article 16bis shall be added after Article 16 as follows: "Article 16a This Convention shall not affect the rights and obligations
a Contracting Party under the general rules
public international law."; Q. Article 17 shall be replaced by the following: "(a) In the event
a dispute arising between two or more Contracting Parties concerning the interpretation or application
this Convention, the parties to the dispute shall consult with a view to settling the dispute by negotiation or other amicable means. (
the meeting referred to in paragraph (b), the dispute shall, upon the request
any party thereto, be submitted to the European Nuclear Energy Tribunal established by the Convention
20 December 1957 on the Establishment
a Security Control in the Field
Nuclear Energy. (d) Disputes concerning the delimitation
maritime boundaries are outside the scope
this Convention."; R. Article 18 shall be replaced by the following: "(a) Reservations to one or more
the provisions
this Convention may be made at any time prior to ratification, acceptance or approval
, or accession to, this Convention or prior to the time
notification under Article 23 in respect
any territory or territories mentioned in the notification, and shall be admissible only if the terms
these reservations have been expressly accepted by the Signatories. (b) Such acceptance shall not be required from a Signatory which has not itself ratified, accepted or approved this Convention within a period
12 months after the date
notification to it
such reservation by the Secretary-General
the Organisation in accordance with Article 24. (c) Any reservation admitted in accordance with this Article may be withdrawn at any time by notification addressed to the Secretary-General
the Organisation."; S. Article 19 shall be replaced by the following: "(a) This Convention shall be subject to ratification, acceptance or approval. Instruments
ratification, acceptance or approval shall be deposited with the Secretary-General
the Organisation. (b) This Convention shall come into force upon the deposit
instruments
ratification, acceptance or approval by not less than five
the Signatories. For each Signatory ratifying, accepting or approving thereafter, this Convention shall come into force upon the deposit
its instrument
ratification, acceptance or approval."; T. Article 20 shall be replaced by the following: "Amendments to this Convention shall be adopted by mutual agreement
all the Contracting Parties. They shall come into force when ratified, accepted or approved by two-thirds
the Contracting Parties. For each Contracting Party ratifying, accepting or approving thereafter, they shall come into force at the date
such ratification, acceptance or approval."; U. a new paragraph (
the operator in respect
nuclear damage caused by any one nuclear incident may be limited, for a maximum period
five years from the date
the adoption
the Protocol
... (date) to amend this Convention, to a transitional amount
not less EUR 350 million in respect
a nuclear incident occurring within that period."; V. paragraph (c)
shall be renumbered as paragraph (
each five year period following the date upon which this Convention comes into force, upon all problems
common interest raised by the application
this Convention, and in particular, to consider whether increases in the liability and financial security amounts under this Convention are desirable."; W. paragraph (b)
shall be replaced by the following: "(b) Any Signatory or Contracting Party may, at the time
signature, ratification, acceptance or approval
, or accession to, this Convention or at any later time, notify the Secretary-General
the Organisation that this Convention shall apply to those
its territories, including the territories for whose international relations it is responsible, to which this Convention is not applicable in accordance with paragraph (a)
this Article and which are mentioned in the notification. Any such notification may, in respect
any territory or territories mentioned therein, be withdrawn by giving 12 months notice to that effect to the Secretary-General
the Organisation."; X. Article 24 shall be replaced with the following: "The Secretary-General
the Organisation shall give notice to all Signatories and acceding Governments
the receipt
any instrument
ratification, acceptance, approval, accession or withdrawal,
any notification under Articles 13(b) and 23,
decisions
the Steering Committee under Article 1(a)(ii), 1(a)(iii) and 1(b),
the date on which this Convention comes into force,
the text
any amendment thereto and the date on which such amendment comes into force, and
any reservation made in accordance with Article 18."; Y. the term "damage" appearing in the following articles shall be replaced by the term "nuclear damage": - Article 4(a) and (b), - Article 5(a) and (c), - Article 6(a), (b), (d), (f) and (h); Z. in the first sentence
the French text the word "stockage" shall be replaced by the word "entreposage", and in this same Article the word "transportłes" is replaced by the words "en cours de transport". In Article 6(h)
the English text, the word "workmen's" shall be replaced by the word "workers". AA. Annex II
the Convention shall be deleted. II. (a) The provisions
this Protocol shall, as between the Parties thereto, form an integral part
the Convention on Third Party Liability in the Field
Nuclear Energy
29 July 1960, as amended by the Additional Protocol
28 January 1964 and by the Protocol
16 November 1982 (hereinafter referred to as the "Convention"), which shall be known as the "Convention on Third Party Liability in the Field
Nuclear Energy
29 July 1960, as amended by the Additional Protocol
28 January 1964, by the Protocol
16 November 1982 and by the Protocol
..." (b) This Protocol shall be subject to ratification, acceptance or approval. An instrument
ratification, acceptance or approval shall be deposited with the Secretary-General
the Organisation for Economic Cooperation and Development. (c) The Signatories
this Protocol who have already ratified or acceded to the Convention express their intention to ratify, accept or approve this Protocol as soon as possible. The other Signatories
this Protocol undertake to ratify, accept or approve it at the same time as they ratify the Convention. (d) This Protocol shall be open for accession in accordance with the provisions
the Convention. Accessions to the Convention will be accepted only if they are accompanied by accession to this Protocol. (e) This Protocol shall come into force in accordance with the provisions
the Convention. (f) The Secretary-General
the Organisation for Economic Cooperation and Development shall give notice to all Signatories and acceding Governments
the receipt
any instrument
ratification, acceptance, approval or accession to this Protocol.
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