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[en] Article 10 of the Paris Convention, as amended by the 2004 Protocol (the 'revised Paris Convention') requires that nuclear operators financially cover their nuclear liability for the revised heads of damage under Article 2 of this Convention. Several options for the financial coverage are available in the nuclear insurance industry. Under certain conditions, described in Article 10(c) of the revised Paris Convention, the State, in the territory of which the nuclear operator is situated, may be required to provide 'the necessary funds to the extent that the insurance or other financial security is not available or sufficient to satisfy such claims'. For a better understanding of the information provided in this Table, the following clarifications may be useful: - Not Covered means that there is no insurance or other financial security available for the respective heads of damage; - a State guarantee means that the State will have provided a guarantee to the operator and that the State will therefore bear the risk of the operator's insolvency if the operator is required to reimburse the sums; - a State reinsurance means that the State will provide re-insurance to the operator's insurer(s), whether directly or through a state-owned reinsurer; - these two mechanisms may be combined (e.g. the State provides a guarantee to a State-owned reinsurer that will cover risks that are not covered by private insurance).
[en] The governments being parties to the convention on Third Party Liability in the Field of Nuclear Energy, considering that the OECD Nuclear Energy Agency, established within the framework of the OECD, is charged with encouraging the elaboration and harmonisation of legislation relating to nuclear energy in participating countries, in particular with regard to third party liability and insurance against atomic risks; desirous of ensuring adequate and equitable compensation for persons who suffer damage caused by nuclear incidents whilst taking the necessary steps to ensure that the development of the production and uses of nuclear energy for peaceful purposes is not thereby hindered; convinced of the need for unifying the basic rules applying in the various countries to the liability incurred for such damage, whilst leaving these countries free to take, on a national basis, any additional measures which they deem appropriate; have agreed the content of this convention
[en] The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982, is currently in force and has an Expose des Motifs adopted in 1982, which is available on the OECD Nuclear Energy Agency web site. On 12 February 2004, the Contracting Parties to the Paris Convention signed the Protocol to Amend the Paris Convention, which has not yet entered into force. On 18 November 2016, the Contracting Parties to the Paris Convention adopted this Expose des Motifs of the Paris Convention as amended by the 2004 Protocol, which is of an explanatory nature.
[en] This Recommendation was adopted at the 136. Session of the Steering Committee for Nuclear Energy held on 19-20 April 2018. This Recommendation aims at strengthening the common understanding with regard to the definition of the term 'final stage of fabrication' in Article 1(a)(iv) of the Paris Convention and with regard to the temporal effect of the exclusion of radioisotopes which have reached the final stage of fabrication. The principle is that once the radioisotopes have reached the final stage of fabrication and have left the nuclear installation where they reached that stage (i.e. the 'nuclear installation of origin'), they will no longer be covered by the Paris Convention
[en] This Recommendation was adopted on 12 February 2004 by the Diplomatic Conference convened to adopt and sign the 2004 Protocols to amend the Paris and Brussels Supplementary Convention (Annex III of the Final Act of the Conference, which is available at www.oecd-nea.org/law/final-act-conference-revision-pc-bc.pdf). Full text of publication follows: The Conference, Considering that, pursuant to Article 15(b) of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004 (hereinafter referred to as the 'Paris Convention'), a Contracting Party may derogate from the provisions of that Convention insofar as compensation for nuclear damage is in excess of 700 million euro; Considering that, pursuant to Article 3(f) of the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004 (hereinafter referred to as the 'Brussels Supplementary Convention'), a Contracting Party may not, in carrying out that Convention, make use of the right provided for in Article 15(b) of the Paris Convention to apply special conditions, other than those laid down in the Brussels Supplementary Convention itself, to the compensation of nuclear damage using funds referred to in that latter Convention; Desirous of clarifying the right of a Contracting Party to establish conditions of reciprocity for the compensation of nuclear damage using funds which remain available under the Paris Convention after having satisfied its obligations under the Brussels Supplementary Convention; Recommends that if a Contracting Party to the Brussels Supplementary Convention has satisfied its obligations under that Convention up to the amount referred to in Article 3(a) thereof, if the amount of nuclear damage to be compensated exceeds the aforementioned amount and if funds remain available, whether provided by insurance or other financial security pursuant to Article 10 of the Paris Convention or by public funds pursuant to national legislation enacted prior to the nuclear incident which requires that a specified amount of public funds will be provided to compensate nuclear damage, it should not make use of the right provided for in Article 15(b) of the Paris Convention to apply special conditions to the compensation of nuclear damage using such remaining funds in respect of: a) a State referred to in Article 2(a)(i), (ii) or (iv) of the Paris Convention which, at the time of the nuclear incident, has a nuclear installation in its territory or in any maritime zone established by it in accordance with international law and which affords reciprocal benefits of an equivalent amount; b) any other State which, at the time of the nuclear incident, has no nuclear installation in its territory or in any maritime zone established by it in accordance with international law; Recommends that the Contracting Parties to the Brussels Supplementary Convention should notify the Secretary-General of the OECD of the steps that they have taken to implement this Recommendation; Invites the Secretary-General of the OECD to communicate any such notification to all Contracting Parties.
[en] The Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982, is currently into force. On 12 February 2004, the Contracting Parties to the Brussels Supplementary Convention signed the Protocol to Amend the Brussels Supplementary Convention, which has not yet entered into force. On 23 December 2010, the Contracting Parties to the Brussels Supplementary Convention adopted this Expose des Motifs of the Brussels Supplementary Convention as amended by the 2004 Protocol, which is of an explanatory nature. Please note that there is no Expose des Motifs of the Brussels Supplementary Convention currently in force
[en] 1. The Paris Convention on Third Party Liability in the Field of Nuclear Energy (hereinafter called the 'Paris Convention') establishes a special regime assigning civil liability for damage incurred as a result of a nuclear incident and providing for the compensation of third parties who suffer damage as a result of such an incident. While the Paris Convention imposes a fairly high minimum liability amount upon the operator of a nuclear installation situated in the territory of a Contracting Party, it does not address the case where an incident may result in damages exceeding the amount of compensation available from the liable operator. Many Paris Convention States recognised that operator funds under the Paris Convention might not be adequate to compensate the damage suffered and that a supplementary system for compensating victims of a nuclear incident should be created. They favoured the establishment of an international system by which States would commit public funds in addition to those to be provided under the Paris Convention and the result was that on 31 January 1963, the Brussels Supplementary Convention was adopted. As its name implies, the Brussels Supplementary Convention is 'supplementary' to the Paris Convention. It establishes a system whereby compensation additional to that provided for under the Paris Convention is to be made available to victims who suffer nuclear damage as a result of a nuclear incident for which a Paris Convention nuclear operator is liable. The Brussels Supplementary Convention is subject to the provisions contained in the Paris Convention, including those which define the concepts of 'nuclear incident', 'nuclear installation' and 'nuclear damage', and no State may become or remain a Contracting Party to the Brussels Supplementary Convention unless it is a Contracting Party to the Paris Convention. Similarly, the Brussels Supplementary Convention will only remain in force for as long as the Paris Convention remains in force. 5. The Brussels Supplementary Convention increases the amount of compensation to be made available to victims where the amount called for under the Paris Convention is insufficient. It does so, first, by requiring the Contracting Party in whose territory the liable operator's nuclear installation is located to provide funds over and above those which the operator must make available under the Paris Convention, and secondly, by requiring all Contracting Parties collectively to make available an additional amount of compensation from public funds. In the first instance, the amount of funds to be provided by the Contracting Party in whose territory the liable operator's nuclear installation is located is the difference between the amount of the operator's liability under its national legislation and EUR 1 200 million, and in the second instance the additional compensation to be provided by the Contracting Parties collectively is EUR 300 million. Under the combined Paris-Brussels international nuclear liability regime therefore, a total of EUR 1 500 million is available to compensate victims of a nuclear accident.
[en] Recent improvements and harmonisation of legislation applicable to the back-end part of the nuclear fuel cycle nuclear power engineering in Slovakia are described. Slovak legislation has been putting stress on the creations of mechanisms enabling this part of nuclear power to be successfully and safely implemented by guaranteeing sufficient resources. Hence, the preconditions are foreseeability, continuous performance and long-term sustainability. A new Nuclear Fund Act (Act No. 308/2018) and Radiation Protection Act (Act No. 87/2018) have been adopted by the Slovak Parliament in 2018. The main points of the acts are outlined. (author)
[en] This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: Public funds correspond to the amounts provided from public funds beyond the Operator's Liability Amount to be made available by the States parties to the BSC or CSC according to such conventions, or by any public authority pursuant to applicable laws and regulations. International funds correspond to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula provided in the respective conventions. The amounts provided in the table corresponds to the total amount of the international funds calculated. For the CSC international fund, the amount has been calculated by the IAEA on-line calculator available at https://ola.iaea.org/ola/CSCND/index.html on the day the table was updated. SDR is a unit of account used by the International Monetary Fund and is based upon a basket of weighted currencies. The latest exchange rates of SDRs per currency units are available at www.imf.org/external/np/fin/data/rms_five.aspx. Interest and legal costs are not specified in the table.
[en] The governments being parties to the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, concluded within the framework of the Organisation for European Economic Co-operation (now the OECD), and as amended by the Additional Protocol concluded at Paris on 28 January 1964, by the Protocol concluded at Paris on 16 November 1982 and by the Protocol concluded at Paris on 12 February 2004 (the 'Paris Convention'); desirous of supplementing the measures provided in that Convention with a view to increasing the amount of compensation for damage which might result from the use of nuclear energy for peaceful purposes; have agreed the content of this convention