ANNEX B
DSR 11C
CONFIDENTIAL
VIENNA, PARIS AND BRUSSELS CONVENTIONS
1.
The main international conventions in this field
include the International Convention on Civil Liability for
Nuclear Damage, Vienna, 19 May 1963; the Convention on
Third Party Liability in the Field of Nuclear Energy, Paris, 29 July 1960 (with additional protocol 28 January 1964) and
the Convention Supplementary to the Paris Convention,
Brussels, 31 January 1963 (with additional protocol
28 January 1964.
2.
The main tenets of these agreements are:
(a)
(b)
the liability of the operator of the plant for
nuclear damage shall be absolute and not dependent
on proof of negligence. The principal exceptions are in respect of war-like activities and, in some circumstances, grave natural disasters;
the liability of the operating utility is set by
national legislation subject to the proviso that it may not be less than $5m per accident. In the
UK section 16(1) of the 1965 Nuclear Installations
Act provides a limit of £5m for UK operators.
time limitation of ten years (which may be
extended in certain circumstances) is provided
in the Paris Convention.
Α
The Convention (Brussels) dated 31 January 1963 Supplementary
to the Paris Convention contains provisions (apparently without parallel in the Vienna Convention) for the payment
of compensation up to a maximum of 120m EMAUA as follows:
(a) by the operator liable up to the limit on his
liability set by national legislation under the Paris Convention (UK presently £5m);
(b) between that amount and 70m EMAUA out of state
funds; and
(c)
between 70m and 120m EMAUA out of the public funds
of states party to the Brussels Convention.
CONFIDENTIAL