TNAG-0950-FCO40-1169-Effect-of-nuclear-exports-to-China-on-Hong-Kong-Guangdong-nu-1980 — Page 194

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