Nuclear energy: third-party liability, Protocol on the 1960 Paris Convention, ratification by Slovenia

PURPOSE: to 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.

PROPOSED ACT: Council Decision.

CONTENT: Decisions 2003/882/EC and 2004/294/EC  authorise those Member States, who are Contracting Parties to the Paris Convention on “Third Party Liability in the Field of Nuclear Energy”, to sign and ratify (or accede to) the amended Protocol.

Austria, Ireland and Luxembourg, which are not parties to the Paris Convention, have not signed the Protocol.

Slovenia is a Contracting Party to the Paris Convention and signed the Protocol on its own behalf on 12 February 2004. Since Decision 2004/294/EC was addressed only to certain Member States, the Republic of Slovenia could not upon its 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.

Bulgaria, The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia are not Contracting Parties to the Paris Convention but are Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (the Vienna Convention). Cyprus and Malta are not parties to any international convention on third-party liability in the nuclear field.

In the light of the above, the sole purpose of this Decision is to place Slovenia on an equal footing with the Member States addressed by Decision 2004/294/EC. Denmark will not participate in the adoption of this proposal for a decision and will not be bound by it or subject to its application. The United Kingdom and Ireland are bound by Council Regulation (EC) No 44/2001 and will therefore participate in the adoption of the proposal for a decision.

The Council requests the assent from the European Parliament on the proposed decision.