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THE PROTOCOL OF 1997 TO AMEND THE VIENNA CONVENTION ON NUCLEAR LIABILITY…
signed the
Protocol of 2004 to Amend the Paris Convention of 1960
(hereinafter
also
“the Protocol of 2004”).
17
Both Protocols (
the Protocol of 1997
and
the Protocol of
2004
) represent a considerable shift in the regime of nuclear third party liability. In
particular, they lay down increased liability limits, prolong the period for claiming
nuclear damages and enlarge the scope of compensated damages.
18
All these three international conventions (
the Joint Protocol, the Protocol of 1997
and
the Protocol of 2004)
also govern issues of jurisdiction. Consequently, they clearly
fall under the exclusive competence of the European Union in this area.
19
However,
neither of these conventions allow accession of the European Union, as only “States”
may become their Contracting Parties. Consequently, the Member States may
accede, or ratify these conventions only on being
authorised
to do so by the European
Union.
20
3. Authorisations issued
vis-à-vis
the “Paris” Member States
3.1 Decision making with regard to the Protocol of 2004
In the course of the negotiations leading to the adoption of the Protocol of 2004,
the representatives of the European Union pointed out the fact that such adoption is
to be authorised by the Union. Further, the Union’s representatives pointed out that
the ratification or accession to the Protocol is as much the responsibility of Member
States as that of the European Union. On one hand, the Union possessed an exclusive
competence regarding the amendment of Article 13 of the Paris Convention in as
far as it is concerned with the provisions of Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction, the recognition and enforcement of judgments
in civil and commercial matters (hereinafter: “
the Brussels Regulation
”). On the other
hand, the Member States retain their jurisdiction on matters covered by the Protocol
which are not included in Community law.
Consequently, three decisions were issued with respect to this step:
1) Council Decision of 27 November 2003, authorising Member States that are
Contracting Parties to the Paris Convention of 29 July 1960 on Third Party
17
The Protocol to Amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy
of 12 February 2004 has not yet entered into force.
18
Currently, there is abundant scientific literature dealing with the content of the “second generation”
conventions. For a general overview see: Pelzer, N
.
Main Features of the Revised International Regime
Governing Nuclear Liability – Progress and Standstill’,
in OECD (ed.) International Nuclear Law:
History, Evolution and Outlook,
OECD, Paris, 2010, pp. 355
et seq.
This contribution also contains
a number of references to existing papers on this topic.
19
Magnus, U
.
Jurisdiction and enforcement of judgements under the current nuclear liability regimes
within the EU member states, in Pelzer, N
.
(ed.)
Europäisches Atomhaftungsrecht im Umbruc
h, Nomos
Verlag, Baden Baden, 2010, pp. 105
et seq.
20
The European Union is in a very simile position, when dealinge.g. with the International Convention
on Civil Liability for Bunker Oil Pollution Damage of 2001 and with the International Convention on
Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea.