CYIL 2012

EUROPEAN ATOMIC ENERGY COMMUNITY AND THE NUCLEAR THIRD PARTY LIABILITY only “theJoint Protocol”) , 4 only some of the Paris Convention member states did the same. Further, some of the “new” member states signed or ratified the Protocol of 1997 to Amend the Vienna Convention of 1963 (hereinafter also “ the 1997 Protocol” ). 5 T he contracting parties to the Paris Convention signed the Protocol of 2004 to Amend the Paris Convention of 1960 (hereinafter also “the 2004 Protocol”). 6 Yet finally, some of the “new” member states are also signatories to the Convention on Supplementary Compensation for Nuclear Damage of 1997 (hereinafter also “ the Convention on Supplementary Compensation ”). 7 1.2 Nuclear liability “labyrinth” as a challenge for the European Atomic Energy Community Currently, there is no legislation governing issues of nuclear third party liability at the level of either the European Union or the European Atomic Energy Community (hereinafter also “Euratom” or “the Community” ). Such a situation is obviously in strict contrast to the fact that the peaceful use of nuclear energy has – compared to the uses of other means of energy production – been regulated since 1957 in a special treaty (Treaty establishing the European Atomic Energy Community of 1958, hereinafter “ the Euratom Treaty” ), which continues to exist even after reforms arising from the “Lisbon Treaty”. However, most recently this very important area of legal regulation also attracted attention from European institutions. In its Communication to the Council and the European Parliament on the Nuclear Illustrative Program (10 January, 2007) the European Commission pointed out that: “liability for nuclear accidents in the EU-15 Member States is governed by the Paris Convention of 1960, which created a harmonized international system on liability for nuclear accidents, currently limiting the liability to operators in case of nuclear accidents to around EUR 700 million. The Vienna Convention, another arrangement on the same subject but linked with the Paris Convention by a Common Protocol of 1988 (creating a joint regime with mutual recognition of the two Conventions), is applicable in the majority of the ten new Member States. The Commission is aiming at harmonizing the nuclear liability rules within the Community. An impact assessment will be started to this end in 2007… In order to finalize and improve the proposals already made, the discussion should notably focus on developing a harmonized liability 4 The Joint Protocol relating to the Application of the Vienna Convention and Paris Convention of 21 September, 1988 entered into force on 27 April, 1992. 5 The Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Liability of 12 September, 1997 entered into force on 3 October, 2003. 6 TheProtocol to Amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 12 February, 2004 has not yet entered into force. 7 The Convention on Supplementary Compensation for Nuclear Damage of 12 September, 1997 hasn’t yet entered into force.

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