2003/882/EC: Council Decision of 27 November 2003 authorising the Member States which are Contracting Parties to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy to sign, in the interest of the European Community, the Protocol amending that Convention
Date: 2003-11-27
Institutions: Council of the European Union
Subjects: European convention, civil liability, help for victims, indemnification, nuclear accident, nuclear energy

L 338/30

EN

Official Journal of the European Union

23.12.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 27 November 2003

authorising the Member States which are Contracting Parties to the Paris Convention of 29 July
in the interest of the
1960 on Third Party Liability in the Field of Nuclear Energy to sign,

European Community, the Protocol amending that Convention

(2003/882/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 61(c), and Article 67(5)
in conjunction with the first subparagraph of Article 300(2)
thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The Protocol amending the Convention of 29 July 1960
on Third Party Liability in the Field of Nuclear Energy,
amended by the Additional Protocol of 28 January 1964
and by the Protocol of 16 November 1982 (hereinafter
referred to as the ‘Paris Convention') was negotiated
with a view to improving compensation for victims of
damage caused by nuclear accidents.
It provides for
increasing liability amounts and extending the system of
nuclear third party liability to environmental damage.

In accordance with the Council's negotiating directives
of 13 September 2002, the Commission negotiated the
to the Paris Convention for
Protocol of amendment
matters falling within the jurisdiction of the European
Community. However,
negotiating
the
directives did not provide for negotiating a clause
allowing the accession of
the Community to the
Protocol.

Council's

The Protocol was finally adopted by the Contracting
Parties to the Paris Convention. The text of the Protocol
complies with the Council's negotiating directives.

The Community has exclusive jurisdiction with regard
to amending Article 13 of the Paris Convention where
such amendment would affect the rules laid down in

on

the

judgments

jurisdiction

recognition

Council Regulation (EC) No 44/2001 of 22 December
2000
and
and
enforcement of
in civil and commercial
matters (1). The Member States retain their jurisdiction
for matters covered by the Protocol which do not affect
Community law. Given the subject matter and the aim
the
of
the Protocol of amendment, acceptance of
provisions
under
Community jurisdiction cannot be dissociated from the
provisions which come under the jurisdiction of the
Member States.

Protocol which

come

the

of

(5)

(6)

(7)

The Protocol of amendment to the Paris Convention is
particularly important in the light of the interests of the
Community and its Member States, because it improves
compensation for damage caused by nuclear accidents.

The Paris Convention and its Protocol of amendment
are not open to participation by regional organisations.
As a result, the Community is not in a position to sign
or ratify the Protocol, or to accede to it. Under these
circumstances, and only on a very exceptional basis, it is
justified that the Member States sign the Protocol in the
interest of the Community.

Parties

to the

are not

Luxembourg,

However, three Member States, namely Austria, Ireland
and
Paris
Convention. Given that the Protocol amends the Paris
Convention, that Regulation (EC) No 44/2001 authorises
the Member States bound by that Convention to
continue to apply the rules on jurisdiction provided for
in it and that the Protocol does not substantially amend
the rules on jurisdiction of
is
objectively
this Decision should be
addressed only to those Member States that are Parties

the Convention,

justified that

it

(1) OJ L 12, 16.1.2001, p. 1.

23.12.2003

EN

Official Journal of the European Union

L 338/31

Ireland
to the Paris Convention. Accordingly, Austria,
and Luxembourg will continue to base themselves on
the Community rules contained in Regulation (EC) No
44/2001 and to apply them in the area covered by the
Paris Convention and by the Protocol amending that
Convention.

The Member States which are Contracting Parties to the
Paris Convention should therefore sign, in the interest of
the European Community and subject to the conditions
laid down in this Decision, the Protocol amending the
Paris Convention, subject to its possible conclusion at a
later date. Such signature is without prejudice to the
position of Austria, Ireland and Luxembourg.

Consequently, the provisions of the Protocol, as regards
the European Community, will be applied only by those
Member States which are currently Parties to the Paris
Convention and will be without prejudice
to the
position of Austria, Ireland and Luxembourg.

The United Kingdom and Ireland are bound by
Regulation (EC) No 44/2001 and are therefore taking
part in the adoption of this Decision.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark does not take part in
the adoption of this Decision, and is not bound by it or
subject to its application,

(8)

(9)

(10)

(11)

in the interest of the European
Paris Convention shall sign,
Community,
the Protocol amending the Paris Convention,
subject to its possible conclusion at a later date. Such signature
shall be without prejudice to the position of Austria, Ireland
and Luxembourg.

The text of the Protocol amending the Paris Convention

2.
is attached to this Decision.

3.
For the purposes of this Decision, the term ‘Member
State' shall mean all Member States with the exception of
Austria, Denmark, Ireland and Luxembourg.

Article 2

Member States shall endeavour to sign the Protocol before 31
December 2003.

Article 3

When signing the Protocol of amendment
to the Paris
Convention, Member States shall inform the Secretary-General
of
and
in writing that signature has taken place in
Development
accordance with this Decision.

Economic Cooperation

the Organisation

for

Article 4

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

HAS ADOPTED THIS DECISION:

Done at Brussels, 27 November 2003.

Article 1

1. Without prejudice to the Community's powers,
the
Member States which are currently Contracting Parties to the

For the Council

The President

R. CASTELLI