2004/294/EC: Council Decision of 8 March 2004 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 ratify, in the interest of the European Community, the Protocol amending that Convention, or to accede to it
Date: 2004-03-08
Institutions: Council of the European Union
Subjects: European convention, civil liability, nuclear accident, nuclear energy

1.4.2004

EN

Official Journal of the European Union

L 97/53

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 8 March 2004

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 ratify, in the interest of the Euro-
pean Community, the Protocol amending that Convention, or to accede to it

THE COUNCIL OF THE EUROPEAN UNION,

(4)

(2004/294/EC)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 61(c), Article 67, in conjunc-
tion with the first subparagraph of Article 300(2) and the
second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

(1)

(2)

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
Protocol of amendment
to the Paris Convention for
matters falling within the jurisdiction of the European
Community. However, the Council's negotiating direc-
tives did not provide for negotiating a clause allowing
the accession of the Community to the Protocol.

(3)

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.

(5)

(6)

(7)

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 Council
Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of
in civil and commercial matters (2). The
judgments
Member States
jurisdiction for matters
covered by the Protocol which do not affect Community
the
law. Given the subject matter and the aim of
Protocol of amendment, acceptance of the provisions of
the Protocol which come under Community jurisdiction
cannot be dissociated from the provisions which come
under the jurisdiction of the Member States.

retain their

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 Protocol was signed by the Member States which
are Contracting Parties to the Paris Convention, on
behalf of the European Community, on 12 February
2004, subject to its possible conclusion at a later date, in
accordance with Council Decision 2003/882/EC of (3).

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, it is justified, on a very exceptional basis,
that the Member States ratify or accede to the Protocol
in the interest of the Community.

(1) Assent of 26 February 2004 (not yet published in the Official

Journal).

(2) OJ L 12, 16.1.2001, p. 1.
(3) OJ L 338, 23.12.2003, p. 32.

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(8)

(9)

(10)

(11)

(12)

However, three of the Member States, namely Austria,
Ireland and Luxembourg, are not Parties to the 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 the Convention, it is objec-
tively justified that this Decision should be addressed
only to those Member States that are Parties to the Paris
Convention. Accordingly, Austria, Ireland and Luxem-
bourg will continue to base themselves on the Com-
munity 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 Conven-
tion.

The Member States which are Contracting Parties to the
Paris Convention, should therefore ratify the Protocol
amending the Paris Convention, or accede to it, in the
interest of
to the
conditions laid down in this Decision. Such ratification
or accession is without prejudice to the position of
Austria, Ireland and Luxembourg.

the European Community, subject

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

The United Kingdom and Ireland are bound by Council
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 Euro-
pean Union and to the Treaty establishing the European
Community, Denmark does not take part in the adop-
tion of this Decision, and is not bound by it or subject
to its application,

HAS ADOPTED THIS DECISION:

Article 1

1. Without prejudice to the Community's powers,
the
Member States which are currently Contracting Parties to the
Paris Convention shall ratify the Protocol amending the Paris

in the interest of the European
Convention, or accede to it,
Community. Such ratification or accession 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.

For the purposes of this Decision,

3.
the term ‘Member
State’ shall mean all Member States with the exception of
Austria, Denmark, Ireland and Luxembourg.

Article 2

1. Member States which are Contracting Parties to the Paris
Convention shall take the necessary steps to deposit simulta-
neously their instruments of ratification of the Protocol, or
accession to it, with the Secretary-General of the Organisation
for Economic Cooperation and Development within a reason-
able time and, if possible, before 31 December 2006.

2. Member States which are Contracting Parties to the Paris
Convention shall exchange information with the Commission
within the Council before 1 July 2006 on the date on which
they expect their parliamentary procedures required for ratifica-
tion or accession to be completed. The date and arrangements
for simultaneous deposit shall be determined on that basis.

Article 3

When ratifying or acceding to the Protocol amending the Paris
Convention, Member States shall inform the Secretary-General
of the Organisation for Economic Cooperation and Develop-
ment in writing that ratification or accession has taken place in
accordance with this Decision.

Article 4

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

Done at Brussels, 8 March 2004.

For the Council

The President

D. AHERN