2007/727/EC: 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
Date: 2007-11-08
Institutions: Council of the European Union
Subjects: European convention, Slovenia, civil liability, nuclear energy, ratification of an agreement

13.11.2007

EN

Official Journal of the European Union

L 294/23

COUNCIL

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

(2007/727/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 in
conjunction with Article 300(2),
and
Article 300(3), second subparagraph, thereof,

subparagraph,

first

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Whereas:

(1)

The Protocol of 12 February 2004 (hereinafter referred to
as ‘the Protocol’) amending the Convention of 29 July
1960 on Third-Party Liability in the Field of Nuclear
Energy, as amended by the Additional Protocol of
28 January 1964 and by the Protocol of 16 November
1982 (hereinafter referred to as ‘the Paris Convention’)
contains provisions which affect the rules laid down in
Council Regulation (EC) No 44/2001 of 22 December
2000 on jurisdiction and the recognition and enfor-
commercial
in
cement
matters (1). This is a field in which the Community has
exclusive competence.

judgments

civil

and

of

(2)

By Decision 2003/882/EC (2) the Council authorised the
Member States which are Contracting Parties to the Paris
Convention to sign the Protocol
in the interest of the
Community.

(3)

By Decision 2004/294/EC (3) the Council authorised the
same Member States to ratify the Protocol in the interest

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 338, 23.12.2003, p. 30.
(3) OJ L 97, 1.4.2004, p. 53.

(4)

(5)

(6)

(7)

(8)

of
the Community or to accede to it. According to
Article 2 of that Decision, the Member States were to
take the necessary steps to deposit simultaneously their
the Protocol, or of
instruments of
accession to it, if possible before 31 December 2006.

ratification of

Decision 2004/294/EC was addressed to those Member
States which were part of the Community on 8 March
2004, with the exception of Austria, Denmark, Ireland
and Luxembourg, as is clear from the combined appli-
cation of Article 1(3) and Article 4 of that Decision.

on

12

February

The Republic of Slovenia is a Contracting Party to the
Paris Convention and signed the Protocol on its own
behalf
Since Decision
2004/294/EC was addressed only to certain Member
the Republic of Slovenia could not upon its
States,
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.

2004.

The United Kingdom and Ireland are bound by Regu-
lation (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 be bound by it
or subject to its application.

The ratification by the Republic of Slovenia of
Protocol
is without prejudice to the position of
Member States of
Contracting Parties to the Paris Convention,

the
the
the Community which are not

L 294/24

EN

Official Journal of the European Union

13.11.2007

HAS ADOPTED THIS DECISION:

Article 3

Article 1

Without prejudice to the Community’s powers, the Republic of
Slovenia shall ratify,
the
Protocol amending the Paris Convention.

in the interest of the Community,

Such ratification shall be without prejudice to the position of
those Member States of
the Community which are not
Contracting Parties to the Paris Convention.

the Republic of Slovenia shall
When ratifying the Protocol,
inform the
for
the Organisation
Economic Cooperation and Development in writing that ratifi-
cation has taken place in accordance with this Decision.

Secretary-General

of

Article 4

This Decision is addressed to the Republic of Slovenia.

Article 2

Done at Brussels, 8 November 2007.

take the necessary steps to
The Republic of Slovenia shall
deposit
if
possible simultaneously with the Member States addressed by
Decision 2004/294/EC.

instrument of

ratification of

the Protocol,

its

For the Council
The President

R. PEREIRA