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THE PROTOCOL OF 1997 TO AMEND THE VIENNA CONVENTION ON NUCLEAR LIABILITY…
step
without being authorised
to do so by the European Commission. Further, in
Autumn 2012, the Commission drafted an
authorisation
on acceding or ratifying
the Protocol to Amend the Vienna Convention of 1997 by all “new” Member States
which are Contracting Party to the Vienna Convention on Nuclear Liability of 1963
(Czech Republic, Hungary, Poland, Slovakia, Latvia, Lithuania, Estonia, Bulgaria
and Romania).
6
This paper aims at analysing requirements arising from this proposed
decision
7
and its potential to contribute to the harmonisation of nuclear third party
liability in the European Union.
8
2. Background: “Nuclear liability labyrinth” in Europe
2.1 Nuclear liability conventions of the “first generation”
Most of the
“old”
Member States are Contracting Parties to the
Paris Convention
on Third Party Liability in the Field of Nuclear Energy of 1960
(hereinafter also
“
the Paris Convention
”)
9
and to the Brussels Convention Supplementary to the Paris
Convention of 1960 (hereinafter also “
the Brussels Supplementary Convention
”).
10
Both the Paris and Brussels Supplementary Conventions are regional treaties, opened
only for the Member States of the Organisation for Economic Co-operation and
Development (OECD).
On other hand, a majority of the
“new”
Member States are Contracting Parties to
the
Vienna Convention on Civil Liability for Nuclear Damage of 1963
(hereinafter
“
the Vienna Convention
”).
11
This convention was originally designed as a
worldwide
treaty
under the auspices of the International Atomic Energy Agency (IAEA).
After the fall of the “
iron curtain
”,
12
post – Communist states preferred to join the
Vienna Convention rather than the Paris Convention. This was mainly due to lower
6
COM (2012) 550 final.
7
This paper was finished in April 2013 and consequently, it reflects the legal situation up to this date.
Therefore, when reading this paper, it is of major importance to check for the current state regarding
the draft decision.
8
For details on this problem, see my contribution in last year’s volume of the Czech Yearbook of Public
& Private International Law “European Atomic Energy Community and the Nuclear Third Party
Liability”, Czech Yearbook of Public & Private International Law
,
Vol. III, 2012, pp. 41
et seq.
9
The Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended
by the Additional Protocol of 28 January, 1964 and by the Protocol of 16 November 1982. The 1960
Convention and the 1964 Protocol entered into force on 1 April 1968. The 1982 Protocol entered into
force on 7 October 1988.
10
Convention of 31st January 1963 Supplementary to the Paris Convention of 29th July 1960, as
amended by the additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982.
The 1963 Convention and the 1964 Additional Protocol entered into force on 4 December 1974.
The 1982 Protocol entered into force on 1 January 1988.
11
The Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 entered into on
12 November 1977.
12
The only East European state being Contracting Party to the Vienna Convention before 1989 was
Yugoslavia.