Proposal for a COUNCIL DECISION authorising the Member States which are Contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it
Date: 2012-09-26
Institutions: European Commission
Subjects: accession to an agreement, civil liability, international convention, nuclear accident, protocol to an agreement, ratification of an agreement

EUROPEAN COMMISSION 

Brussels, 26.9.2012  
COM(2012) 550 final 

2012/0262 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising the Member States which are Contracting Parties to the Vienna Convention 
on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify 
the Protocol amending that Convention in the interest of the European Union, or to 
accede to it 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Purpose of the proposal 

Currently, the international nuclear liability regime is governed primarily by two instruments: 
the  "Vienna  Convention"  as  amended  by  the  1997  Protocol  and  the  "Paris  Convention"  on 
Third Party Liability in the Field of Nuclear Energy of 1960 which was amended by several 
protocols  and  supplemented  by  the  Brussels  Convention  of  31  January  1963  (hereinafter 
"Brussels Convention"). Both these Conventions share similar main principles on substance. 
However,  some  of  the  EU  Member  States  are  Contracting  Parties  to  the  Paris  Convention, 
others to the Vienna Convention. 

Articles 12 to14 of the 1997 Protocol include provisions on the jurisdiction and on recognition 
and  enforcement  of  judgments  relating  to  the  application  of  the  Vienna  Convention.  These 
rules  affect  provisions  contained  in  the  European  Union  law,  in  particular,  in  Council 
Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters. The Union therefore has exclusive 
competence  over  those  provisions  set  up  in  the  1997  Protocol.  Consequently  the  Member 
States cannot become Contracting Parties to the 1997 Protocol as far as those provisions are 
concerned. In a similar situation concerning the Protocol of 12 February 2004 amending the 
Paris  Convention,  Council  Decisions  were  adopted  in  order  to  authorise  the  concerned 
Member  States  to  sign  and  ratify  or  accede  to  the  Protocol  in  the  interest  of  the  Union.  A 
similar solution is suggested in this case. 

The  Commission  proposes  that  the  Council  authorizes  the  Member  States  which  are 
Contracting Parties to the Convention of 21 May 1963 on Civil Liability for Nuclear Damage 
("Vienna  Convention")  –  i.e.  Bulgaria,  the  Czech  Republic,  Estonia,  Hungary,  Lithuania, 
Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, 
the Protocol 1amending the Convention, which was adopted on 12 September 1997 under the 
auspices of the International Atomic Energy Agency. 

Finally,  while  it  would  be  preferable  to  apply  a  single  system  for  nuclear  liability  in  the 
European Union, flexibility is nevertheless possible given that the systems established in the 
Vienna Convention and in the Paris Convention are compatible.  

1.2. 

Protocol  to  Amend  the  1963  Vienna  Convention  on  Civil  Liability  for  Nuclear 
Damage  

The Vienna Convention was adopted in order to provide adequate and  fair compensation to 
victims of damage caused by nuclear accidents. It sets up a special system of civil liability in 
the field of nuclear energy based on the following basic principles: (a) “absolute” liability, i.e. 
liability  without  fault;  (b)  exclusive  liability  of  the  operator  of  the  nuclear  installation;  (c) 
limitation  of  liability  in  amount  and/or  limitation  of  liability  cover  by  insurance  or  other 
financial security; (d) limitation of liability in time. 

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OJ L 12, 16.1.2001, p. 1. 

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The 1997 Protocol  

The  Vienna  Convention  was  amended  by  the  1997  Protocol  (which  entered  into  force  on  4 
October 2003) in order to improve the system of compensation for nuclear damage.  

Inter  alia,  the  1997  Protocol  contains  a  new  definition  of  nuclear  damage  (now  also 
addressing  the  concept  of  environmental  damage  and  preventive  measures),  extends  the 
geographical scope of the Vienna Convention, extends the period during which claims may be 
brought  for  loss  of  life  and  personal  injury  and  substantially  raises  the  minimum  limits  of 
compensation. It also encompasses new provisions on jurisdiction which have implications in 
cases where the nuclear incident occurs during the transport of nuclear material to or from an 
installation situated in the territory of a State which is Party to the Vienna Convention.  

Under Article 19(1) of the 1997 Protocol, a State which is a Party to the Protocol but not to 
the 1963 Vienna Convention, is bound by the provisions of that Convention as amended by 
the  Protocol,  in  relation  to  other  States  which  are  Party  to  the  Protocol,  and  failing  an 
expression  of  a  different  intention  by  that  State  at  the  time  of  deposit  of  its  instrument  of 
ratification, acceptance, approval or accession, will be bound by the 1963 Vienna Convention 
in relation to States which are only Parties thereto. 

The Joint Protocol of 1988 

On 21 September 1988 the Conference on the relationship between the Paris Convention and 
the Vienna Convention adopted the Joint Protocol Relating to the Application of the Vienna 
Convention and the Paris Convention ("the 1988 Joint Protocol"), since the Paris Convention, 
the Brussels Convention and the Vienna Convention share the same principles. The primary 
goal was to coordinate application of the Conventions.  

The 1988 Joint Protocol links the two Conventions in two main ways.  

First, it provides for a mutual extension of the operator’s liability under the Paris and Vienna 
systems (Article II). Thus, if a nuclear incident occurs for which an operator is liable under 
both the Vienna Convention and the Joint Protocol, the operator will be liable in accordance 
with the Vienna Convention  for nuclear damage suffered  not only in the territory of Parties 
thereto, but also in the territory of Parties to both the Paris Convention and the Joint Protocol. 
Conversely,  if  an  incident  occurs  for  which  an  operator  is  liable  under  both  the  Paris 
Convention and the Joint Protocol, reciprocity will apply.  

Second, the 1988 Joint Protocol is meant to eliminate conflicts which might otherwise arise, 
especially  in  the  case  of  transport  cases  from  the  simultaneous  application  of  the  two 
Conventions (Article III).  

The 1988 Joint Protocol was signed by five Member States and entered into force for 17 more 
following ratification, accession, approval, or acceptance.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  amendments  to  the  Vienna  Convention  contain  aspects  that  are  beneficial  to  potential 
victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition 
of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a 

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workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the 
stakeholders, that any initiative in the field of nuclear liability must not hamper the accession 
by Member States to any international convention improving the situation of potential victims 
in the European Union. Adherence to the 1997 Protocol is therefore beneficial for improving 
victim compensation across the European Union.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

The Member States concerned  

The  following  nine  Member  States  of  the  European  Union  have  ratified  or  acceded  to  the 
Vienna  Convention:  Bulgaria,  the  Czech  Republic,  Estonia,  Hungary,  Latvia,  Lithuania, 
Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified 
the Convention (these two countries became Contracting Parties to the Paris Convention). The 
Convention has ceased to apply to Slovenia. 

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter 
is  a  Contracting  Party  to  the  Paris  Convention).  The  Protocol  was  ratified  by  Romania  and 
Latvia (before their accession to the EU) and by Poland (after accession to the EU). 

The  Council  decision  should  therefore  be  addressed  to  the  Member  States  which  are 
Contracting  Parties  to  the  Vienna  Convention,  i.e.  Bulgaria,  the  Czech  Republic,  Estonia, 
Hungary, Lithuania, Poland (ex post) and Slovakia. Given that Italy, the United Kingdom and 
Spain,  while  signatories  to  the  Vienna  Convention,  are  Contracting  Parties  to  the  Paris 
Convention which establishes a similar system of nuclear liability, these countries should not 
be covered by the Council decision. 

Council Regulation (EC) No 44/2001  

3.2. 
Council Regulation (EC) No 44/2001 of 22 December 20003 lays down rules on jurisdiction 
and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters.  The 
Regulation binds all the Member States (special arrangements exist with regard to Denmark).  

The  rules  on  jurisdiction  provided  for  by  Council  Regulation  (EC)  No  44/2001  apply  when 
the defendant is domiciled in one of the Member States bound by the Regulation. Defendants 
not domiciled in a Member State may be brought before the courts of each Member State in 
accordance  with  the  national  rules  on  jurisdiction  of  that  State,  subject  to  Articles  22 
(exclusive jurisdiction) and 23 (choice of forum clauses). 

Jurisdiction  is  based,  in  the  first  place,  on  the  domicile  of  the  defendant.  In  addition,  in 
matters relating to tort, delict or quasi-delict, a person domiciled in a Member State may be 
sued in the Member State where the harmful event occurred or may occur. The place where 
the harmful event occurred is understood by the Court's case law to mean the place of the act 
giving rise to the harmful event or the place where the damage occurred. In matters relating to 
insurance,  an  insurer  domiciled  in  a  Member  State  may  be  sued  (a)  in  the  courts  of  the 
Member  State  where  insurer  is  domiciled,  or  (b)  in  the  Member  State  where  the  plaintiff  is 
domiciled,  in  the  case  of  actions  brought  by  the  policyholder,  the  insured  person  or  a 
beneficiary, or (c) if he is a co-insurer, in the courts of a Member State in which proceedings 
are  brought  against  the  leading  insurer.  In  respect  of  liability  insurance,  the  insurer  may,  in 

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http://ec.europa.eu/energy/nuclear/studies/nuclear_en.htm 
OJ L 12, 16.1.2001, p. 1  

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addition, be sued in the courts of the place where the harmful event occurred, and also, if the 
law of the court so permits, be joined in proceedings brought by the injured party against the 
insured person. 

Council Regulation (EC) No 44/2001 stipulates that a judgment given in one Member State 
must be recognized and enforced in the others without any special procedure being required. 
However, a limited number of grounds for non-recognition are permitted to take account of 
public policy considerations, respect for the rights of the defense and the existence of certain 
irreconcilable judgments. 

3.3. 

Union competence with respect to the 1997 Protocol  

There  is  no  Union  legislation  governing  nuclear  third  party  liability.  Regulation  (EC)  No 
864/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  on  the  applicable 
law to non-contractual obligations ("Rome II") excludes nuclear liability from its scope.  

However,  the  1997  Protocol  contains  provisions  which  affect  Council  Regulation  (EC)  No 
44/2001.  In  contrast  to  the  multiple  grounds  of  jurisdiction  available  under  the  Regulation, 
Article XI of the Vienna Convention, as amended by the 1997 Protocol, provides, as a general 
rule, for the exclusive jurisdiction of the courts of the State Party within whose territory the 
nuclear incident occurred. 

In particular, Article XI of the Vienna Convention assigns exclusive jurisdiction to the courts 
of  the  Contracting  State  on  whose  territory  a  nuclear  incident  has  occurred  over  claims  for 
compensation for damage caused by the incident. If the incident occurred outside the territory 
of the Contracting Parties or if the place of the accident cannot be determined with certainty, 
the relevant courts are those of the Installation State of the operator liable. 

The 1997 Protocol also provides for the exclusive jurisdiction of the courts of the Contracting 
Coastal  Party  for  nuclear  incidents  which  occur  in  its  exclusive  economic  zone.  This 
jurisdiction  is  granted  on  condition  that  the  Depositary  of  the  Convention  received 
notification of the zone prior to the nuclear incident.  

As  regards  the  rules  on  the  recognition  and  enforcement,  under  Article  XII  of  the  Vienna 
Convention, as amended by the 1997 Protocol, any judgement by the competent court that is 
no longer subject to ordinary forms of review benefits from specific provisions relating to the 
recognition and enforcement of judgements. With some exceptions4 Article XII provides that 
the  judgement  must  be  recognized  within  the  territory  of  all  Contracting  Parties  and  is 
enforceable as if it were the judgement of a national court. Reconsideration of the merits of 
the case is never allowed. 

The  European  Union  has  exclusive  jurisdiction  over  the  provisions  on  jurisdiction  and  the 
recognition and enforcement of the judgments contained in the 1997 Protocol, as these affect, 
as  defined  by  the  ECJ  case  law5,  the  corresponding  rules  of  Council  Regulation  (EC)  No 
44/2001. The Member States therefore no longer have the right either to derogate from these 

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Refusal of recognition is only allowed: (a) where the judgement was obtained by fraud; (b) where the 
party against whom the judgement was pronounced was not given a fair opportunity to present its case; 
or  (c)  where  the  judgement  is  contrary  to  the  public  policy  (“ordre  public”)  of  the  Contracting  Party 
within  whose  territory  recognition  is  sought,  or  is  not  in  accordance  with  fundamental  standards  of 
justice.  
ECJ, Case 22/70 ("EART"), [1971] ECR 263. 

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rules  among  themselves  or  to  contract  obligations  with  non-member  countries  which  affect 
these rules.  

3.4. 

Authorization of the Member States 

However,  the  Vienna  Convention  and  the  1997  Protocol  have  no  regional  economic 
organization  clause  allowing  the  European  Union  to  become  Contracting  Party  to  the 
Protocol.  Consequently,  the  European  Union  is  not  in  a  position  to  become  a  Contracting 
Party to the 1997 Protocol.  

The  1997  Protocol,  improving  protection  for  victims  in  the  event  of  nuclear  incidents  is 
particularly  important  for  the  European  Union  and  its  Member  States.  On  an  exceptional 
basis, it is therefore justified for the Union to exercise its powers through its Member States 
which are Parties to the Vienna Convention. 

However,  disregarding  those  Member  States  which  are  already  Contracting  Parties  to  the 
amended  Paris  Convention,  five  Member  States  of  the  European  Union,  namely  Austria, 
Ireland,  Luxembourg,  Malta  and  Cyprus  are  not  Parties  neither  to  the  amended  Paris 
Convention  nor  to  the  1963  Vienna  Convention.  Consequently,  it  is  considered  objectively 
justified, on an exceptional basis, to allow these five Member States not to become Parties to 
the 1997 Protocol and therefore to continue to apply the rules of Council Regulation (EC) No 
44/2001 in the area covered by the Vienna Convention and the 1997 Protocol. This difference 
in the application of the rules on jurisdiction within the European Union is justified given that: 

-  the  1997  Protocol  amends  a  Convention  to  which  these  five  Member  States  are  not 
Contracting Parties; 

-  Council  Regulation  (EC)  No  44/2001  does  not  affect  Conventions  to  which  the  Member 
States are Parties. 

As  a  result,  only  the  Member  States  which  are  currently  Parties  to  the  Vienna  Convention 
should  ratify  or  accede  to  the  1997  Protocol  in  the  interest  of  the  European  Union.  Poland 
ratified  the  1997  Protocol  after  its  accession  to  the  EU.  The  decision  should  therefore  be 
addressed  to  Poland  ex  post.  Latvia  and  Romania  had  already  signed  and  ratified  the  1997 
Protocol prior to their accession to the European Union.  

For  these  reasons,  the  Commission  recommends  that  the  EP  and  the  Council  adopt  the 
Decision authorizing the Member States which are Parties to the Vienna Convention to ratify, 
in the interest of the European Union, the 1997 Protocol, or to accede to it. 

3.5. 

Reservation on rules on the recognition and enforcement of judgments 

As regards to the rules on recognition and enforcement of judgments, established in Article 
XII,  as  amended  by  Article  14  of  the  1997  Protocol,  it  is  necessary  to  ensure  continued 
application  of  the  relevant  rules  of  Regulation  44/2001,  as  extended  to  Denmark  by  the 
Agreement between the European Community and the Kingdom of Denmark on jurisdiction 
and the recognition and enforcement of judgments in civil and commercial matters6, or of the 
Lugano  Convention  on  Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in 
Civil and Commercial Matters of 30 October 20077. Limiting application of Article XII of the 
Vienna  Convention  in  this  way  would  ensure  unity  in  the  Union  judicial  area  and  the  free 

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OJ L 299, 16.11.2005, p. 62. 
OJ L 339, 12.12.2007, p. 3. 

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circulation  of  judgments  within  the  EU,  without  having  repercussions  on  the  effective 
implementation of the Convention, as amended by the Protocol, nor fundamental implications 
for non-EU States Parties to it.  
The 1997 Protocol is silent on the question of permissible reservations. Under Article 19 of 
the  1969  Vienna  Convention  on  the  Law  of  Treaties,  a  reservation  would  be  permissible  if 
compatible with “the object and purpose” of the Convention, as is the case here. 

In  conclusion,  when  acceding  to  the  1997  Protocol,  Member  States  must  ensure  the 
application  of  the  relevant  EU  rules  on  the  recognition  and  enforcement  of  judgments 
pronounced by the court of another Member State (including Denmark) or by a non-EU state 
bound by the Lugano Convention. 

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2012/0262 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising the Member States which are Contracting Parties to the Vienna Convention 
on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify 
the Protocol amending that Convention in the interest of the European Union, or to 
accede to it 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 81(2), in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Protocol  of  12  September  1997  amending  the  Vienna  Convention  on  Civil 
Liability for Nuclear Damage of 21 May 1963 (hereinafter referred to as the "Vienna 
Convention")  was  negotiated  with  a  view  to  improving  compensation  for  victims  of 
damage caused by nuclear incidents. 

The European Union has exclusive jurisdiction with regard to consolidated Articles XI 
and XII of the Vienna Convention insofar as such provisions affect the rules laid down 
in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters8.  The 
Member  States  retain  their  competence  for  matters  covered  by  the  1997  Protocol 
which do not affect European Union law. Given the subject matter and the aim of the 
1997  Protocol,  acceptance  of  the  provisions  of  the  Protocol  which  come  under 
European  Union  jurisdiction  cannot  be  dissociated  from  the  provisions  which  come 
under the competence of the Member States. 

The 1997 Protocol is particularly important, in the interest of the European Union and 
its  Member  States,  because  it  improves  compensation  for  damage  caused  by  nuclear 
incidents.  

The Vienna Convention and its 1997 Protocol are not open to participation by regional 
organizations. As a result, the European Union is not in a position to sign or ratify the 
Protocol.  Under  these  circumstances,  it  is  justified,  on  an  exceptional  basis,  that  the 
Member  States  ratify  or  conclude  the  1997  Protocol  in  the  interest  of  the  European 
Union. 

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OJ L 12, 16.1.2001, p.1. 

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(5) 

(6) 

(7) 

However, five of the Member States of the European Union, namely Austria, Ireland, 
Luxembourg, Cyprus and Malta are not Parties to the Vienna Convention. Given that 
the  1997  Protocol  amends  the  Vienna  Convention  and  that  Council  Regulation  (EC) 
No  44/2001  authorizes  the  Member  States  bound  by  that  Convention  to  continue  to 
apply  the  rules  on  jurisdiction  provided  for  in  it,  it  is  objectively  justified  that  this 
Decision should be addressed only to those Member States that are Contracting Parties 
to  the  Vienna  Convention  and  to  allow,  on  an  exceptional  basis,  these  five  Member 
States not to become Parties to the 1997 Protocol. 

The Member States which are Parties to the Vienna Convention should therefore ratify 
or  conclude  the  1997  Protocol  in  the  interest  of  the  European  Union,  subject  to  the 
conditions  laid  down  in  this  Decision.  This  Decision  is  addressed  to  Poland  ex  post 
given that it ratified the Protocol in 2010. 

Consequently,  as  regards  the  European  Union,  the  provisions  of  the  1997  Protocol, 
will be applied only by those Member States which are currently Contracting Parties 
to the Vienna Convention. 

(8)  Member  States  should  finalize,  within  a  reasonable  time,  their  procedures  for 
ratification of, or accession to, the 1997 Protocol, in the interest of the EU. Member 
States  should  exchange  information  on  the  state  of  their  ratification  or  accession 
procedures  in  order  to  prepare  for  depositing  their  instruments  of  ratification  of,  or 
accession to, the 1997 Protocol. 

(9) 

The rules on recognition and enforcement of judgments laid down in Article XII of the 
Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take 
precedence either over the relevant rules established in Regulation (EC) No 44/2001, 
as extended to Denmark by the Agreement between the European Community and the 
Kingdom  of  Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgments  in  civil  and  commercial  matters,  or  in  the  Lugano  Convention  on 
jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in  Civil  and 
Commercial matters of 30 October 2007. Therefore, when ratifying or acceding to the 
1997 Protocol, the Member States must make the declaration with the aim of ensuring 
continued application of the relevant EU rules. 

(10) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption 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  European  Union’s  powers,  the  Member  States  which  are 
currently Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 
May 1963 shall ratify the 1997 Protocol, or accede to it, in the interest of the European 
Union. 

2.  The text of the 1997 Protocol is attached to this Decision. 
3.  In  this  Decision,  the  term  "Member  State"  shall  mean  all  Member  States  which  are 

currently Contracting Parties to the Vienna Convention. 

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Article 2 

1.  Member States shall take the necessary steps to deposit their instruments of ratification of, 
or accession to, the 1997 Protocol with the Director-General of the International Atomic 
Energy  Agency  simultaneously  within  a  reasonable  time  and,  if  possible,  before  31 
December 2014. 

2.  Member  States  shall  inform  the  Council  and  the  Commission,  before  […],  of  the 

prospective date of conclusion of their ratification or accession procedures. 

3.  Member  States  shall  endeavor  to  exchange  information  on  the  state  of  their  ratification 

procedures. 

Article 3 

When  ratifying  or  acceding  to  the  1997  Protocol,  Member  States  shall  make  the  following 
declaration: 

"Judgments  on  matters  covered  by  the  1997  Protocol,  when  given  by  the  court  of  the  EU 
Member  State,  Contracting  Party  to  the  Protocol,  shall  be  recognized  and  enforced  in  other 
EU  Member  States  which  are  Contracting  Parties  to  the  Protocol,  in  accordance  with  the 
relevant rules of the European Union on the subject.  

Judgments on matters covered by the 1997 Protocol, when given by a court of the Kingdom of 
Denmark, shall be recognised and enforced in other EU Member States which are Contracting 
Parties to the Protocol, in accordance with the Agreement between the European Community 
and  the  Kingdom  of  Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgments in civil and commercial matters.  

Judgments  on  matters  covered  by  the  Athens  Protocol,  when  given  by  a  court  of  a  non-EU 
State  bound  by  the  Lugano  Convention  on  Jurisdiction  and  Enforcement  of  Judgments  in 
Civil  and  Commercial  Matters  of  30  October  2007  shall  be  recognised  and  enforced  in  the 
other  EU  Member  States  which  are  Contracting  Parties  to  the  Protocol,  in  accordance  with 
that Convention." 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Article 4 

Article 5 

This Decision is addressed to the Member States in accordance with the Treaties. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage 

THE STATES PARTIES TO THIS PROTOCOL, 

CONSIDERING  that  it  is  desirable  to  amend  the  Vienna  Convention  on  Civil  Liability  for 
Nuclear Damage of 21 May 1963, to provide for broader scope, increased amount of liability 
of  the  operator  of  a  nuclear  installation  and  enhanced  means  for  securing  adequate  and 
equitable compensation, 

HAVE AGREED as follows, 

Article 1 

The  Convention  which  the  provisions  of  this  Protocol  amend  is  the  Vienna  Convention  on 
Civil  Liability  for  Nuclear  Damage  of  21  May  1963,  hereinafter  referred  to  as  the  "1963 
Vienna Convention". 

Article 2 

Article I of the 1963 Vienna Convention is amended as follows: 

1. 

Paragraph 1(j) is amended as follows: 

(a) 

the word "and" is deleted at the end of sub-paragraph (ii) and is inserted at the 
end of sub-paragraph (iii). 

(b) 

a new sub-paragraph (iv) is added as follows: 

(iv) such other installations in which there are nuclear fuel or radioactive products or waste as 
the Board of Governors of the International Atomic Energy Agency shall from time to time 
determine;  

2. 

Paragraph 1(k) is replaced by the following text: 

(k) "Nuclear Damage" means - 

(i) loss of life or personal injury; 

(ii) loss of or damage to property; 

and each of the following to the extent determined by the law of the competent court;  

(iii)  economic  loss  arising  from  loss  or  damage  referred  to  in  sub-paragraph  (i)  or 
(ii), insofar as not included in those sub-paragraphs, if incurred by a person entitled 
to claim in respect of such loss or damage; 

(iv)  the  costs  of  measures  of  reinstatement  of  impaired  environment,  unless  such 
impairment  is  insignificant,  if  such  measures  are  actually  taken  or  to  be  taken,  and 
insofar as not included in sub-paragraph (ii); 

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(v) loss of income deriving from an economic interest in any use or enjoyment of the 
environment,  incurred  as  a  result  of  a  significant  impairment  of  that  environment, 
and insofar as not included in sub-paragraph (ii); 

(vi)  the  costs  of  preventive  measures,  and  further  loss  or  damage  caused  by  such 
measures; 

(vii)  any  other  economic  loss,  other  than  any  caused  by  the  impairment  of  the 
environment, if permitted by the general law on civil liability of the competent court, 

in the case of subparagraphs (i) to (v) and (vii) above, to the extent that the loss or damage 
arises  out  of  or  results  from  ionizing  radiation  emitted  by  any  source  of  radiation  inside  a 
nuclear  installation,  or  emitted  from  nuclear  fuel  or  radioactive  products  or  waste  in,  or  of 
nuclear  material  coming  from,  originating  in,  or  sent  to,  a  nuclear  installation,  whether  so 
arising from the radioactive properties of such matter, or from a combination of radioactive 
properties with toxic, explosive or other hazardous properties of such matter.  

3. 

Paragraph 1(l) is replaced by the following text: 

(l) "Nuclear incident" means any occurrence or series of occurrences having the same origin 
which causes nuclear damage or, but only with respect to preventive measures, creates a grave 
and imminent threat of causing such damage.  

4. 

After  paragraph  1(l)  four  new  paragraphs  1(m),  1(n),  1(o)  and  1(p)  are  added  as 
follows: 

(m) ""Measures of reinstatement" means any reasonable measures which have been approved 
by the competent authorities of the State where the measures were taken, and which aim to 
reinstate  or  restore  damaged  or  destroyed  components  of  the  environment,  or  to  introduce, 
where  reasonable,  the  equivalent  of  these  components  into  the  environment.  The  law  of  the 
State  where  the  damage  is  suffered  shall  determine  who  is  entitled  to  take  such  measures.  

(n)  ""Preventive  measures"  means  any  reasonable  measures  taken  by  any  person  after  a 
nuclear  incident  has  occurred  to  prevent  or  minimize  damage  referred  to  in  sub-paragraphs 
(k)(i) to (v) or (vii), subject to any approval of the competent authorities required by the law 
taken.  
of 

measures 

where 

State 

were 

the 

the 

(o) ""Reasonable measures" means measures which are found under the law of the competent 
court to be appropriate and proportionate having regard to all the circumstances, for example -  

(i)  the  nature  and  extent  of  the  damage  incurred  or,  in  the  case  of  preventive 
measures, the nature and extent of the risk of such damage; 

(ii)  the  extent  to  which,  at  the  time  they  are  taken,  such  measures  are  likely  to  be 
effective; and 

(iii) relevant scientific and technical expertise. 

(p)  "Special  Drawing  Right",  hereinafter  referred  to  as  SDR,  means  the  unit  of  account 
defined  by  the  International  Monetary  Fund  and  used  by  it  for  its  own  operations  and 
transactions.  

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5. 

Paragraph 2 is replaced by the following text: 

2. An Installation State may, if the small extent of the risks involved so warrants, exclude any 
nuclear  installation  or  small  quantities  of  nuclear  material  from  the  application  of  this 
Convention, provided that-  

(a)  with  respect  to  nuclear  installations,  criteria  for  such  exclusion  have  been 
established  by  the  Board  of  Governors  of  the  International  Atomic  Energy 
Agency and any exclusion by an Installation State satisfies such criteria; and 

(b)  with  respect  to  small  quantities  of  nuclear  material,  maximum  limits  for  the 
exclusion of such quantities have been established by the Board of Governors 
of  the  International  Atomic  Energy  Agency  and  any  exclusion  by  an 
Installation State is within such established limits. 

The  criteria  for  the  exclusion  of  nuclear  installations  and  the  maximum  limits  for  the 
exclusion of small quantities of nuclear material shall be reviewed periodically by the Board 
of Governors.  

Article 3 

After  Article  I  of  the  1963  Vienna  Convention  two  new  Articles  I  A  and  I  B  are  added  as 
follows: 

Article I A 

1. 

2. 

This Convention shall apply to nuclear damage wherever suffered. 

However, the legislation of the Installation State may exclude from the application of 
this Convention damage suffered - 

(a) 

in the territory of a non-Contracting State; or 

(b) 

in  any  maritime  zones  established  by  a  non-Contracting  State  in  accordance 
with the international law of the sea. 

3. 

An exclusion pursuant to paragraph 2 of this Article may apply only in respect of a 
non-Contracting State which at the time of the incident - 

(a)  has a nuclear installation in its territory or in any maritime zones established by 

it in accordance with the international law of the sea; and 

(b)  does not afford equivalent reciprocal benefits. 

4. 

Any  exclusion  pursuant  to  paragraph  2  of  this  Article  shall  not  affect  the  rights 
referred  to  in  sub-paragraph  (a)  of  paragraph  2  of  Article  IX  and  any  exclusion 
pursuant to paragraph 2(b) of this Article shall not extend to damage on board or to a 
ship or an aircraft. 

Article I B 

This Convention shall not apply to nuclear installations used for non-peaceful purposes. 

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Article II of the 1963 Vienna Convention is amended as follows: 

Article 4 

1. 

2. 

At the end of paragraph 3(a) the following text is added: 

The  Installation  State  may  limit  the  amount  of  public  funds  made  available  per 
incident  to  the  difference,  if  any,  between  the  amounts  hereby  established  and  the 
amount established pursuant to paragraph 1 of Article V.  

3. 

At the end of paragraph 4 the following text is added: 

The Installation State may limit the amount of public funds made available as provided for in 
sub-paragraph (a) of paragraph 3 of this Article.  

4. 

Paragraph 6 is replaced by the following text: 

6. No person shall be liable for any loss or damage which is not nuclear damage pursuant to 
sub-paragraph (k) of paragraph 1 of Article I but which could have been determined as such 
pursuant to the provisions of that sub-paragraph.  

Article 5 

After  the  first  sentence  in  Article  III  of  the  1963  Vienna  Convention  the  following  text  is 
added: 

However, the Installation State may exclude this obligation in relation to carriage which takes 
place wholly within its own territory. 

Article 6 

Article IV of the 1963 Vienna Convention is amended as follows: 

1. 

Paragraph 3 is replaced by the following text: 

3. No liability under this Convention shall attach to an operator if he proves that the nuclear 
damage is directly due to an act of armed conflict, hostilities, civil war or insurrection.  

2. 

Paragraph 5 is replaced by the following text: 

5. The operator shall not be liable under this Convention for nuclear damage -  

(a) 

to the nuclear installation itself and any other nuclear installation, including a 
nuclear  installation  under  construction,  on  the  site  where  that  installation  is 
located; and 

(b) 

to any property on that same site which is used or to be used in connection with 
any such installation. 

3. 

Paragraph 6 is replaced by the following text:  

6.  Compensation  for  damage  caused  to  the  means  of  transport  upon  which  the  nuclear 
material involved was at the time of the nuclear incident shall not have the effect of reducing 

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the  liability  of  the  operator  in  respect  of  other  damage  to  an  amount  less  than  either  150 
million SDRs, or any higher amount established by the legislation of a Contracting Party, or 
an amount established pursuant to sub-paragraph (c) of paragraph 1 of Article V.  

4. Paragraph 7 is replaced by the following text:  

7. Nothing in this Convention shall affect the liability of any individual for nuclear damage 
for which the operator, by virtue of paragraph 3 or 5 of this Article, is not liable under this 
Convention and which that individual caused by an act or omission done with intent to cause 
damage.  

Article 7 

1. 

The  text  of  Article  V  of  the  1963  Vienna  Convention  is  replaced  by  the  following 
text: 

1.  The  liability  of  the  operator  may  be  limited  by  the  Installation  State  for  any  one  nuclear 
incident, either - 

(a) 

to not less than 300 million SDRs; or 

(b) 

(c) 

to not less than 150 million SDRs provided that in excess of that amount and 
up  to  at  least  300  million  SDRs  public  funds  shall  be  made  available  by  that 
State to compensate nuclear damage; or 

for a maximum of 15 years from the date of entry into force of this Protocol, to 
a transitional amount of not less than 100 million SDRs in respect of a nuclear 
incident occurring within that period. An amount lower than 100 million SDRs 
may be established, provided that public funds shall be made available by that 
State  to  compensate  nuclear  damage  between  that  lesser  amount  and  100 
million SDRs. 

2. 

3. 

Notwithstanding paragraph 1 of this Article, the Installation State, having regard to 
the  nature  of  the  nuclear  installation  or  the  nuclear  substances  involved  and  to  the 
likely  consequences  of  an  incident  originating  therefrom,  may  establish  a  lower 
amount  of  liability  of  the  operator,  provided  that  in  no  event  shall  any  amount  so 
established  be  less  than  5  million  SDRs,  and  provided  that  the  Installation  State 
ensures  that  public  funds  shall  be  made  available  up  to  the  amount  established 
pursuant to paragraph 1. 

The amounts established by the Installation State of the liable operator in accordance 
with  paragraphs  1  and  2  of  this  Article  and  paragraph  6  of  Article  IV  shall  apply 
wherever the nuclear incident occurs. 

2. After Article V, four new Articles V A, V B, V C and V D are added as follows: 

1. 

Interest and costs awarded by a court in actions for compensation of nuclear damage 
shall be payable in addition to the amounts referred to in Article V. 

Article V A 

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2. 

The amounts mentioned in Article V and paragraph 6 of Article IV may be converted 
into national currency in round figures. 

Article V B 

Each Contracting Party shall ensure that persons suffering damage may enforce their rights to 
compensation  without  having  to  bring  separate  proceedings  according  to  the  origin  of  the 
funds provided for such compensation. 

1. 

2. 

1. 

2. 

3. 

4. 

Article V C 

If  the  courts  having  jurisdiction  are  those  of  a  Contracting  Party  other  than  the 
Installation  State,  the  public  funds  required  under  sub-paragraphs  (b)  and  (c)  of 
paragraph 1 of Article V and under paragraph 1 of Article VII, as well as interest and 
costs  awarded  by  a  court,  may  be  made  available  by  the  first-named  Contracting 
Party. The Installation State shall reimburse to the other Contracting Party any such 
sums  paid.  These  two  Contracting  Parties  shall  agree  on  the  procedure  for 
reimbursement. 

If  the  courts  having  jurisdiction  are  those  of  a  Contracting  Party  other  than  the 
Installation State, the Contracting Party whose courts have jurisdiction shall take all 
measures necessary to enable the Installation State to intervene in proceedings and to 
participate in any settlement concerning compensation. 

Article V D 

A  meeting  of  the  Contracting  Parties  shall  be  convened  by  the  Director  General  of 
the International Atomic Energy Agency to amend the limits of liability referred to in 
Article V if one-third of the Contracting Parties express a desire to that effect. 

Amendments  shall  be  adopted  by  a  two-thirds  majority  of  the  Contracting  Parties 
present and voting, provided that at least one-half of the Contracting Parties shall be 
present at the time of the voting. 

When  acting  on  a  proposal  to  amend  the  limits,  the  meeting  of  the  Contracting 
Parties shall take into account, inter alia, the risk of damage resulting from a nuclear 
incident, changes in the monetary values, and the capacity of the insurance market. 

(a) Any amendment adopted in accordance with paragraph 2 of this Article shall be 
notified  by  the  Director  General  of  the  IAEA  to  all  Contracting  Parties  for 
acceptance. The amendment shall be considered accepted at the end of a period of 18 
months after it has been notified provided that at least one-third of the Contracting 
Parties  at  the  time  of  the  adoption  of  the  amendment  by  the  meeting  have 
communicated to the Director General of the IAEA that they accept the amendment. 
An amendment accepted in accordance with this paragraph shall enter into force 12 
months after its acceptance for those Contracting Parties which have accepted it. 

(b) If, within a period of 18 months from the date of notification for acceptance, an 
amendment  has  not  been  accepted  in  accordance  with  sub-paragraph  (a),  the 
amendment shall be considered rejected. 

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5. 

6. 

For  each  Contracting  Party  accepting  an  amendment  after  it  has  been  accepted  but 
not entered into force or after its entry into force in accordance with paragraph 4 of 
this Article, the amendment shall enter into force 12 months after its acceptance by 
that Contracting Party. 

A  State  which  becomes  a  Party  to  this  Convention  after  the  entry  into  force  of  an 
amendment in accordance with paragraph 4 of this Article shall, failing an expression 
of a different intention by that State - 

(a)  be considered as a Party to this Convention as so amended; and 

(b)  be considered as a Party to the unamended Convention in relation to any State 

Party not bound by the amendment. 

Article 8 

Article VI of the 1963 Vienna Convention is amended as follows: 

1. 

Paragraph 1 is replaced by the following text: 

(a)  Rights  of  compensation  under  this  Convention  shall  be  extinguished  if  an 

action is not brought within - 

(i) with respect to loss of life and personal injury, thirty years from the date of 
the nuclear incident; 

(ii)with  respect  to  other  damage,  ten  years  from  the  date  of  the  nuclear 
incident. 

(b) 

If, however, under the law of the Installation State, the liability of the operator 
is covered by insurance or other financial security including State funds for a 
longer  period,  the  law  of  the  competent  court  may  provide  that  rights  of 
compensation  against  the  operator  shall  only  be  extinguished  after  such  a 
longer  period  which  shall  not  exceed  the  period  for  which  his  liability  is  so 
covered under the law of the Installation State. 

(c)  Actions  for  compensation  with  respect  to  loss  of  life  and  personal  injury  or, 
pursuant to an extension under sub-paragraph (b) of this paragraph with respect 
to other damage, which are brought after a period of ten years from the date of 
the  nuclear  incident  shall  in  no  case  affect  the  rights  of  compensation  under 
this Convention of any person who has brought an action against the operator 
before the expiry of that period. 

2. 

3. 

Paragraph 2 is deleted. 

Paragraph 3 is replaced by the following text: 

3. Rights of compensation under the Convention shall be subject to prescription or extinction, 
as provided by the law of the competent court, if an action is not brought within three years 
from the date on which the person suffering damage had knowledge or ought reasonably to 
have had knowledge of the damage and of the operator liable for the damage, provided that 

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the periods established pursuant to sub-paragraphs (a) and (b) of paragraph 1 of this Article 
shall not be exceeded.  

Article VII is amended as follows: 

Article 9 

1. 

In  paragraph  1,  the  following  two  sentences  are  added  at  the  end  of  the  paragraph 
and the paragraph so amended becomes sub-paragraph (a) of that paragraph: 

Where the liability of the operator is unlimited, the Installation State may establish a limit of 
the  financial  security  of  the  operator  liable,  provided  that  such  limit  is  not  lower  than  300 
million SDRs. The Installation State shall ensure the payment of claims for compensation for 
nuclear damage which have been established against the operator to the extent that the yield 
of the financial security is inadequate to satisfy such claims, but not in excess of the amount 
of the financial security to be provided under this paragraph.  

2. 

A new sub-paragraph (b) is added to paragraph 1 as follows: 

(b) Notwithstanding sub-paragraph (a) of this paragraph, where the liability of the operator is 
unlimited, the Installation State, having regard to the nature of the nuclear installation or the 
nuclear  substances  involved  and  to  the  likely  consequences  of  an  incident  originating 
therefrom, may establish a lower amount of financial security of the operator, provided that in 
no event shall any amount so established be less than 5 million SDRs, and provided that the 
Installation State ensures the payment of claims for compensation for nuclear damage which 
have been established against the operator by providing necessary funds to the extent that the 
yield of insurance or other financial security is inadequate to satisfy such claims, and up to the 
limit provided pursuant to sub-paragraph (a) of this paragraph.  

3. 

In paragraph 3, the words "or sub-paragraphs (b) and (c) of paragraph 1 of Article V" 
are inserted after the words "of this Article". 

Article 10 

Article VIII of the 1963 Vienna Convention is amended as follows: 

1. 

2. 

The text of Article VIII becomes paragraph 1 of that Article. 

A new paragraph 2 is added as follows: 

2. Subject to application of the rule of sub-paragraph (c) of paragraph 1 of Article VI, where 
in  respect  of  claims  brought  against  the  operator  the  damage  to  be  compensated  under  this 
Convention exceeds, or is likely to exceed, the maximum amount made available pursuant to 
paragraph  1  of  Article  V,  priority  in  the  distribution  of  the  compensation  shall  be  given  to 
claims in respect of loss of life or personal injury.  

In Article X of the 1963 Vienna Convention, a new sentence is added at the end of the Article 
as follows:  

Article 11 

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The  right  of  recourse  provided  for  under  this  Article  may  also  be  extended  to  benefit  the 
Installation State insofar as it has provided public funds pursuant to this Convention. 

Article 12 

Article XI of the 1963 Vienna Convention is amended as follows: 

1. 

A new paragraph 1bis is added as follows: 

1bis. Where  a  nuclear  incident  occurs  within  the  area  of  the  exclusive  economic  zone  of  a 
Contracting  Party  or,  if  such  a  zone  has  not  been  established,  in  an  area  not  exceeding  the 
limits  of  an  exclusive  economic  zone,  were  one  to  be  established,  jurisdiction  over  actions 
concerning  nuclear  damage  from  that  nuclear  incident  shall,  for  the  purposes  of  this 
Convention, lie only with the courts of that Party. The preceding sentence shall apply if that 
Contracting  Party  has  notified  the  Depositary  of  such  area  prior  to  the  nuclear  incident. 
Nothing  in  this  paragraph  shall  be  interpreted  as  permitting  the  exercise  of  jurisdiction  in  a 
manner  which  is  contrary  to  the  international  law  of  the  sea,  including  the  United  Nations 
Convention on the Law of the Sea.  

2. 

Paragraph 2 is replaced by the following text: 

2. Where a nuclear incident does not occur within the territory of any Contracting Party, or 
within an area notified pursuant to paragraph 1bis, or where the place of the nuclear incident 
cannot be determined with certainty, jurisdiction over such actions shall lie with the courts of 
the Installation State of the operator liable.  

3. 

4. 

In paragraph 3, first line, and in sub-paragraph (b), after the figure "1", insert ", 1bis". 

A new paragraph 4 is added as follows: 

4. The Contracting Party whose courts have jurisdiction shall ensure that only one of its courts 
shall have jurisdiction in relation to any one nuclear incident.  

After Article XI a new Article XI A is added as follows: 

Article 13 

Article XI A 

The Contracting Party whose  courts have jurisdiction shall ensure that in relation to actions 
for compensation of nuclear damage - 

(a) 

any State may bring an action on behalf of persons who have suffered nuclear 
damage, who are nationals of that State or have their domicile or residence in 
its territory, and who have consented thereto; and 

(b) 

any  person  may  bring  an  action  to  enforce  rights  under  this  Convention 
acquired by subrogation or assignment. 

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Article 14 

The text of Article XII of the 1963 Vienna Convention is replaced by the following text: 

Article XII 

1. 

A judgment that is no longer subject to ordinary forms of review entered by a court 
of a Contracting Party having jurisdiction shall be recognized, except - 

(a)  where the judgment was obtained by fraud; 

(b)  where the party against whom the judgment was pronounced was not given a 

fair opportunity to present his case; or 

(c)  where  the  judgment  is  contrary  to  the  public  policy  of  the  Contracting  Party 
within  the  territory  of  which  recognition  is  sought,  or  is  not  in  accord  with 
fundamental standards of justice. 

2. 

A judgment which is recognized under paragraph 1 of this Article shall, upon being 
presented for enforcement in accordance with the formalities required by the law of 
the  Contracting  Party  where  enforcement  is  sought,  be  enforceable  as  if  it  were  a 
judgment  of  a  court  of  that  Contracting  Party.  The  merits  of  a  claim  on  which  the 
judgment has been given shall not be subject to further proceedings. 

Article 15 

Article XIII of the 1963 Vienna Convention is amended as follows: 

1. 

2. 

The text of Article XIII becomes paragraph 1 of that Article. 

A new paragraph 2 is added as follows: 

2. Notwithstanding paragraph 1 of this Article, insofar as compensation for nuclear damage is 
in excess of 150 million SDRs, the legislation of the Installation State may derogate from the 
provisions of this Convention with respect to nuclear damage suffered in the territory, or in 
any maritime zone established in accordance with the international law of the sea, of another 
State which at the time of the incident, has a nuclear installation in such territory, to the extent 
that it does not afford reciprocal benefits of an equivalent amount.  

Article 16 

The text of Article XVIII of the 1963 Vienna Convention is replaced by the following text: 

This Convention shall not affect the rights and  obligations  of  a  Contracting  Party  under  the 
general rules of public international law. 

After Article XX of the 1963 Vienna Convention a new Article XX A is added as follows: 

Article 17 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

Article XX A 

In the event of a dispute between Contracting Parties concerning the interpretation or 
application of this Convention, the parties to the dispute shall consult with a view to 
the  settlement  of  the  dispute  by  negotiation  or  by  any  other  peaceful  means  of 
settling disputes acceptable to them. 

If  a  dispute  of  this  character  referred  to  in  paragraph  1  of  this  Article  cannot  be 
settled within six months from the request for consultation pursuant to paragraph 1 of 
this  Article,  it  shall,  at  the  request  of  any  party  to  such  dispute,  be  submitted  to 
arbitration  or  referred  to  the  International  Court  of  Justice  for  decision.  Where  a 
dispute is submitted to arbitration, if, within six months from the date of the request, 
the parties to the dispute are unable to agree on the organization of the arbitration, a 
party may request the President of the International Court of Justice or the Secretary-
General  of  the  United  Nations  to  appoint  one  or  more  arbitrators.  In  cases  of 
conflicting requests by the parties to the dispute, the request to the Secretary-General 
of the United Nations shall have priority. 

When  ratifying,  accepting,  approving  or  acceding  to  this  Convention,  a  State  may 
declare  that  it  does  not  consider  itself  bound  by  either  or  both  of  the  dispute 
settlement  procedures  provided  for  in  paragraph  2  of  this  Article.  The  other 
Contracting Parties shall not be bound by a dispute settlement procedure provided for 
in  paragraph  2  of  this  Article  with  respect  to  a  Contracting  Party  for  which  such  a 
declaration is in force. 

A Contracting Party which has made a declaration in accordance with paragraph 3 of 
this Article may at any time withdraw it by notification to the depositary. 

Article 18 

Articles XX to XXV, paragraphs 2, 3 and paragraph number "1." of Article XXVI, 
Articles XXVII and XXIX of the 1963 Vienna Convention are deleted. 

The 1963 Vienna Convention and this Protocol shall, as between the Parties to this 
Protocol, be read and interpreted together as one single text that may be referred to as 
the 1997 Vienna Convention on Civil Liability for Nuclear Damage. 

Article 19 

A  State  which  is  a  Party  to  this  Protocol  but  not  a  Party  to  the  1963  Vienna 
Convention shall be bound by the provisions of that Convention as amended by this 
Protocol  in  relation  to  other  States  Parties  hereto,  and  failing  an  expression  of  a 
different intention by that State at the time of deposit of an instrument referred to in 
Article  20  shall  be  bound  by  the  provisions  of  the  1963  Vienna  Convention  in 
relation to States which are only Parties thereto. 

Nothing in this Protocol shall affect the obligations of a State which is a Party both to 
the 1963 Vienna Convention and to this Protocol with respect to a State which is a 
Party to the 1963 Vienna Convention but not a Party to this Protocol. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

4. 

Article 20 

This  Protocol  shall  be  open  for  signature  by  all  States  at  the  Headquarters  of  the 
International  Atomic  Energy  Agency  in  Vienna  from  29  September  1997  until  its 
entry into force. 

This Protocol is subject to ratification, acceptance or approval by States which have 
signed it. 

After its entry into force, any State which has not signed this Protocol may accede to 
it. 

The instruments of ratification, acceptance, approval or accession shall be deposited 
with the Director General of the International Atomic Energy Agency, who shall be 
the depositary of this Protocol. 

Article 21 

This Protocol shall enter into force three months after the date of deposit of the fifth 
instrument of ratification, acceptance or approval. 

For each State ratifying, accepting, approving or acceding to this Protocol after the 
deposit  of  the  fifth  instrument  of  ratification,  acceptance  or  approval,  this  Protocol 
shall  enter  into  force  three  months  after  the  date  of  deposit  by  such  State  of  the 
appropriate instrument. 

Article 22 

Any  Contracting  Party  may  denounce  this  Protocol  by  written  notification  to  the 
depositary. 

Denunciation  shall  take  effect  one  year  after  the  date  on  which  the  notification  is 
received by the depositary. 

As  between  the  Parties  to  this  Protocol,  denunciation  by  any  of  them  of  the  1963 
Vienna  Convention  in  accordance  with  its  Article  XXVI  shall  not  be  construed  in 
any  way  as  denunciation  of  the  1963  Vienna  Convention  as  amended  by  this 
Protocol. 

Notwithstanding a denunciation of this Protocol by a  Contracting Party pursuant to 
this  Article,  the  provisions  of  this  Protocol  shall  continue  to  apply  to  any  nuclear 
damage caused by a nuclear incident occurring before such denunciation takes effect. 

Article 23 

The depositary shall promptly notify States Parties and all other States of: 

(a) 

each signature of this Protocol; 

(b) 

each deposit of an instrument of ratification, acceptance, approval or accession; 

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(c) 

the entry into force of this Protocol; 

(d) 

any notification received pursuant to paragraph 1bis of Article XI; 

(e) 

requests for the convening of a revision conference pursuant to Article XXVI 
of  the  1963  Vienna  Convention  and  for  a  meeting  of  the  Contracting  Parties 
pursuant  to  Article  V  D  of  the  1963  Vienna  Convention  as  amended  by  this 
Protocol; 

(f) 

notifications  of  denunciations  received  pursuant  to  Article  22  and  other 
pertinent notifications relating to this Protocol. 

Article 24 

1. 

2. 

3. 

The original of this Protocol, of which Arabic, Chinese, English, French, Russian and 
Spanish texts are equally authentic, shall be deposited with the depositary. 

The International Atomic Energy Agency shall establish the consolidated text of the 
1963  Vienna  Convention  as  amended  by  this  Protocol  in  the  Arabic,  Chinese, 
English,  French,  Russian  and  Spanish  languages  as  set  forth  in  the  annex  to  this 
Protocol. 

The  depositary  shall  communicate  to  all  States  the  certified  true  copies  of  this 
Protocol  together  with  the  consolidated  text  of  the  1963  Vienna  Convention  as 
amended by this Protocol. 

IN  WITNESS  WHEREOF  the  undersigned,  being  duly  authorized  thereto,  have  signed  this 
Protocol. 

Done at Vienna, the twelfth day of September, one thousand nine hundred and ninety-seven.  

EN 

23 

   EN