CYIL vol. 13 (2022)

JAKUB HANDRLICA CYIL 13 ȍ2022Ȏ By opting for the first solution, the Contracting Party to the RBSC would shift obligations to compensate damages occurred entirely to the operator. Under this option, the country will have no obligation to establish public funds to compensate the victims and will transfer the burden of compensation entirely to the subject operating the concerned nuclear installation. The second option presumes, that the Contracting Party will establish a limit of liability by its own national legislation. Such limit might be 700 million €, or higher. In this case, the Contracting Party is obliged to cover the difference between this limit and 1,200 million € (the second tier of compensation) by public funds. Lastly, the third tier of compensation is being composed of amount equal to 300 million € and the States are required to contribute to this tier according to a formula, provided by the RBSC. 108 Table 1. Increased amounts for compensation in the Amended Paris-Brussels regime PC/BSC RPC/RBSC First tier (National limit on the operator’s liability, as under the PC) minimum 5 million SDR minimum 700 million € Second tier

maximum 170 million SDR [difference between first tier and 175 million SDR] 125 million SDR [difference between 175 million SDR and 300 million SDR]

maximum 500 million € [difference between first tier and 1 200 million €] 300 million € [difference between 1,200 million € and 1 500 million €]

(Public funds made available by the country of the liable operator) Third tier (Public funds made available by all parties to BSC/RBSC)

Total amount for compensation available

300 million SDR

1,500 million €

240

108 RBSC, art. 12.