CYIL Vol. 4, 2013

JAKUB HANDRLICA CYIL 4 ȍ2013Ȏ Liability in the Field of Nuclear Energy to sign, in the interest of the European Community, the Protocol amending that Convention, 21 2) Council Decision of 8 March 2004, authorising Member States that are Contracting Parties to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy to ratify, in the interest of the European Community, the Protocol amending that Convention, or to accede to it, 22 3) Council Decision of 8 November 2007, authorising the Republic of Slovenia to ratify, in the interest of the European Community, the Protocol of 12 February 2004 amending the Paris Convention of 29 July 1960 on Third-Party Liability in the Field of Nuclear Energy. 23 Through the first two decisions the Council authorised the Member States who are contracting parties to the Paris Convention to sign the Protocol of 2004, 24 as well as ratifying or acceding to it, if possible not later than in the year 2006. Austria, Ireland and Luxembourg, who do not take part in the Paris Convention, did not sign the Protocol of 2004 and are consequently not addressed by the two decisions. Further, Slovenia signed the Protocol on 12 February 2004, before its accession to the European Union. Since the Decision of 8 March 2004 was addressed only to certain Member States, Slovenia could not, upon its accession to the European Union on 1 May 2004, be considered an addressee thereof by virtue of Article 53 of the Act of Accession of 2003. Consequently, the only objective of the decision was to place Slovenia on the same level as Member States addressed by previous decision making of the Council. 3.2 Most important implications of the existing decision making The three mentioned decisions do have considerable implications mainly with regard to following issues: They clarify the relation between the provisions of the Paris Convention as Amended by the Protocol of 2004 (hereinafter “ the Amended Paris Convention ”) and the Brussels Regulation concerning the application of the rules on jurisdiction and enforcement of judgements. Further, they contain an explicit time schedule for ratification of the Amended Paris Convention by those Member States which are a Signatory to the Protocol of 2004. Last, but not least, they also

21 OJ [2003]L 338/30. 22 OJ [2004]L 97/53. 23 OJ [2007]L 294/23.

24 Until 1 July 2007, the decision did not bind Denmark, even though it is a party to the Paris Convention, because it enjoyed an opt-out of EC rules on jurisdiction, recognition and enforcement of judgments in civil and commercial matters. Since that time, two agreements were concluded between Denmark and the European Community, extending the provisions of the regulations on jurisdiction, recognition and enforcement of judgments in civil and commercial matters affecting Denmark. See Agreement between the European Community and the Kingdom of Denmark on jurisdiction, recognition and enforcement of judgments in civil and commercial matters [2005] OJ L 299/61 and Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters [2005] OJ L 299/53.