Comparative analysis based on the replies to the questionnaire and on the discussions which took place during the workshop

In the order to help participants best prepare for the discussions during the Workshop on the Indemnification of Damage in the Event of a Nuclear Accident, the NEA Secretariat, in co-operation with the French authorities, drafted a questionnaire on the implementation of third party liability and indemnification regimes applicable to nuclear damage resulting from a nuclear emergency situation. This questionnaire was circulated to countries invited to participate in the Workshop to serve as a basis for exchanges. The representatives of countries which, in light of their geographical situation in relation to the Gravelines nuclear power plant where the nuclear accident was simulated on 22 May 2001, would be most likely to be concerned by the application of liability regimes following a nuclear accident in France having transboundary effects were first of all asked to reply to this questionnaire. A number of other countries, referred to as 'unaffected' also accepted to reply to the questionnaire. On the basis of the replies to the questionnaire (which are reproduced in Annex I to these Proceedings) as well as the discussions which took place during the Workshop, the Secretariat has carried out a comparative study to the different mechanisms governing the emergency alert and management of a nuclear accident and the indemnification of victims in place in the countries participating in the Workshop. This study aims to provide and overview of the replies to the questionnaire. Furthermore, as this analysis is based on the replies to the questionnaire and the discussions which took place during the workshop, one should therefore not assume that where a country is not expressly included in the Secretariat's conclusions, that country has not established measures on this subject. The countries whose alert mechanisms and measures governing indemnification of nuclear damage have been included in this analysis are as follows: Austria, Belgium, Bulgaria, Canada, the Czech Republic, Denmark, Finland, France, Germany, Ireland, Italy, Japan, Korea, Lithuania, Poland, Romania, Spain, Sweden, Switzerland and the United Kingdom, plus on occasion the Netherlands and the United States. The Secretariat thought it useful to provide references in an annex to the national nuclear third party liability legislation of these countries. (authors)