TNAG-0950-FCO40-1169-Effect-of-nuclear-exports-to-China-on-Hong-Kong-Guangdong-nu-1980 — Page 186

ANNEX A

VENNA, PARIS AND BRUSSELS CONVENTIONS

1

The main international conventions in this field include the Vienna Convention on Civil Liability for Nuclear Damage, signed on 19 May 1963 by five states and subsequently by the UK but not yet ratified by the UK; the Convention on Third Party Liability in the Field of Nuclear Energy signed in Paris on 29 July 1960 (and the Additional Protocol thereto 28 January 1964) and the Brussels Convention on Third Party Liability in the Field of Nuclear Energy (supplementary to the Paris Convention and signed on 31 January 1963 and the Additional Protocol thereto, 23 January 1964).

2 The main principles of these agreements are:-

3

(a)

the liability for nuclear damage 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 nuclear incidents caused by armed conflict or certain similar circumstances and, subject to national legislation, those caused by grave and exceptional natural disasters;

of a nuclear

(b) the liability of the operator installation may be limited by national legislation

Section but to not less than $5m per incident. 16(1) of the Nuclear Installation Act 1965 provides a limit of £5m (apart from interests and costs) for The Paris Convention provides operators in the UK. for a time limit for claims of 10 years from the date of the incident, but allows certain extension of this period by national legislation.

(c) the operator is obliged to cover his potential liability by insurance or otherwise;

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 jointly out of public funds of states party to the Brussels Convention;