BETA


2012/0262(NLE) Vienna Convention (1963) on Civil Liability for Nuclear Damage, Protocol: ratification or accession by Member States

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI MÉSZÁROS Alajos (icon: PPE PPE) BERLINGUER Luigi (icon: S&D S&D)
Committee Opinion ITRE
Lead committee dossier:
Legal Basis:
TFEU 218-p6a, TFEU 281-p2

Events

2013/08/17
   Final act published in Official Journal
Details

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

NON-LEGISLATIVE ACT: Council Decision 2013/434/EU authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

CONTENT: this Council Decision authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 , in the interest of the Union. The text of the 1997 Protocol is attached to this Decision.

The 1997 Protocol was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents . It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia are authorised to declare that judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in [name of the Member State making the declaration] in accordance with the relevant rules of the European Union on the subject.

ENTRY INTO FORCE: 18.08.2013.

2013/07/15
   EP/CSL - Act adopted by Council after consultation of Parliament
2013/07/15
   EP - End of procedure in Parliament
2013/07/15
   CSL - Council Meeting
2013/07/02
   EP - Results of vote in Parliament
2013/07/02
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a legislative resolution on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

Parliament gave its consent to the draft Council decision on the conclusion of the protocol.

Documents
2013/06/05
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs unanimously adopted the report by Alajos MÉSZÁROS (EPP, SK) on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

It recommends the European Parliament to give its consent to the draft Council Decision.

Documents
2013/05/30
   EP - Vote in committee, 1st reading/single reading
2013/04/09
   EP - Committee draft report
Documents
2013/03/27
   PT_PARLIAMENT - Contribution
Documents
2013/03/14
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/02/26
   CSL - Document attached to the procedure
Documents
2013/02/26
   EC - Legislative proposal published
Details

PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012 .

Documents
2012/10/10
   EP - MÉSZÁROS Alajos (PPE) appointed as rapporteur in JURI
2012/09/26
   EP - Preparatory document
Details

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union's interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures); extends the geographical scope of the Vienna Convention; extends the period during which claims may be brought for loss of life and personal injury; and substantially raises the minimum limits of compensation; as well as encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention - i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland ( ex post ) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union's budget.

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2013-02-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6206%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 06206/2013 body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane type: Legislative proposal published
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  • date: 2013-07-15T00:00:00 body: EP type: End of procedure in Parliament
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  • date: 2013-02-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6658%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06658/2013 type: Document attached to the procedure body: CSL
  • date: 2013-04-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.062 title: PE508.062 type: Committee draft report body: EP
  • date: 2013-03-27T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0550 title: COM(2012)0550 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-09-26T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0550/COM_COM(2012)0550_EN.pdf title: COM(2012)0550 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=550 title: EUR-Lex summary: PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it. PROPOSED ACT: Council Decision. BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia. The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union's interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol: contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures); extends the geographical scope of the Vienna Convention; extends the period during which claims may be brought for loss of life and personal injury; and substantially raises the minimum limits of compensation; as well as encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention. The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU). The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union. IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union. LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof. CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention - i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland ( ex post ) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency. The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007. Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules. BUDGETARY IMPACT: the proposal has no impact on the Union's budget.
  • date: 2013-02-26T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6206%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06206/2013 summary: PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law. PROPOSED ACT: Council Decision (non-legislative act). ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament. BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention. The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union. LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof. CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject. For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012 .
  • date: 2013-03-14T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-05-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-06-05T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-198&language=EN title: A7-0198/2013 summary: The Committee on Legal Affairs unanimously adopted the report by Alajos MÉSZÁROS (EPP, SK) on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law. It recommends the European Parliament to give its consent to the draft Council Decision.
  • date: 2013-07-02T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23039&l=en title: Results of vote in Parliament
  • date: 2013-07-02T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-288 title: T7-0288/2013 summary: The European Parliament adopted a legislative resolution on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law. Parliament gave its consent to the draft Council decision on the conclusion of the protocol.
  • date: 2013-07-15T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2013-07-15T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2013-08-17T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it. NON-LEGISLATIVE ACT: Council Decision 2013/434/EU authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law. CONTENT: this Council Decision authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 , in the interest of the Union. The text of the 1997 Protocol is attached to this Decision. The 1997 Protocol was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents . It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention. Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia are authorised to declare that judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in [name of the Member State making the declaration] in accordance with the relevant rules of the European Union on the subject. ENTRY INTO FORCE: 18.08.2013. docs: title: Decision 2013/434 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32013D0434 title: OJ L 220 17.08.2013, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2013:220:TOC
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activities/9/text
  • PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

    NON-LEGISLATIVE ACT: Council Decision 2013/434/EU authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

    CONTENT: this Council Decision authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. The text of the 1997 Protocol is attached to this Decision.

    The 1997 Protocol was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

    Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia are authorised to declare that judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in [name of the Member State making the declaration] in accordance with the relevant rules of the European Union on the subject.

    ENTRY INTO FORCE: 18.08.2013.

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The European Parliament adopted a legislative resolution on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

Parliament gave its consent to the draft Council decision on the conclusion of the protocol.

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  • The European Parliament adopted a legislative resolution on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

    Parliament gave its consent to the draft Council decision on the conclusion of the protocol.

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  • The Committee on Legal Affairs unanimously adopted the report by Alajos MÉSZÁROS (EPP, SK) on the draft Council decision authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

    It recommends the European Parliament to give its consent to the draft Council Decision.

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Old

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union's interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention - i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union's budget.

New

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union's interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention - i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union's budget.

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Old

PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

New

PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

activities/2/docs/0/text/0
Old

PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

New

PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

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  • PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

    PROPOSED ACT: Council Decision (non-legislative act).

    ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

    The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

    LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

    CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

    For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

activities/2/docs/0/text
  • PURPOSE: to permit certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the European Union, and to make a declaration on the application of the relevant internal rules of Union law.

    PROPOSED ACT: Council Decision (non-legislative act).

    ROLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 was negotiated with a view to improving compensation for victims of damage caused by nuclear incidents. It is therefore desirable that the provisions of the 1997 Protocol be applied in the Member States which are Contracting Parties to the Vienna Convention.

    The Vienna Convention and the 1997 Protocol are not open to participation by regional economic integration organisations. As a result, the Union is not in a position to become a Contracting Party to the 1997 Protocol. In these circumstances, it is justified that, by way of exception, the Member States ratify, or accede to, the 1997 Protocol in the interest of the Union.

    LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

    CONTENT: by means of this Decision, it is proposed that the Council authorises Bulgaria, the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to ratify, or to accede to, the Protocol of 12 September 1997 amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, in the interest of the Union. These countries are authorised to make a declaration according to which judgments on matters covered by the 1997 Protocol, when given by a court of a Member State of the European Union, which is a Contracting Party to that Protocol, shall be recognised and enforceable in accordance with the relevant rules of the European Union on the subject.

    For further details about the draft Decision, as well as the content of the 1997 Protocol, please refer to the summary of the Commission’s initial legislative proposal, dated 26/09/2012.

activities/0/docs/0/text/0
Old

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (“Vienna Convention”) to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union’s interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention – i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union’s budget.

New

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 ("Vienna Convention") to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union's interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention - i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union's budget.

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2013-03-14T00:00:00
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Awaiting Parliament 1st reading / single reading / budget 1st stage
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06206/2013
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activities/0/docs/0/text/0
Old

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (“Vienna Convention”) to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union’s interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention – i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union’s budget.

New

PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (“Vienna Convention”) to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

PROPOSED ACT: Council Decision.

BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union’s interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

  • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
  • extends the geographical scope of the Vienna Convention;
  • extends the period during which claims may be brought for loss of life and personal injury; and
  • substantially raises the minimum limits of compensation; as well as
  • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention – i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

BUDGETARY IMPACT: the proposal has no impact on the Union’s budget.

activities/0/docs/0/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=550
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0550/COM_COM(2012)0550_EN.pdf
activities/0/docs/0/text
  • PURPOSE: to permit those Member States that are contracting Parties to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (“Vienna Convention”) to ratify the Protocol amending that Convention in the interest of the European Union, or to accede to it.

    PROPOSED ACT: Council Decision.

    BACKGROUND: the Vienna Convention of 21 May 1963 was adopted in order to provide adequate and fair compensation to victims of damage caused by nuclear accidents. The following nine EU Member States have ratified the Convention or acceded to it: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Poland and Romania. The United Kingdom and Spain signed but have not ratified the Convention (these two countries became Contracting Parties to the Paris Convention). The Convention has ceased to apply to Slovenia.

    The Protocol of 12 September 1997 amending the Vienna Convention in order to improve the system of compensation for nuclear damage. The Protocol is of particular importance in regard to the European Union’s interests and those of its Member States because it improves compensation for damage caused by nuclear incidents. In particular, the 1997 Protocol:

    • contains a new definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures);
    • extends the geographical scope of the Vienna Convention;
    • extends the period during which claims may be brought for loss of life and personal injury; and
    • substantially raises the minimum limits of compensation; as well as
    • encompassing new provisions on jurisdiction which have implications in cases where the nuclear incident occurs during the transport of nuclear material to or from an installation situated in the territory of a State which is Party to the Vienna Convention.

    The 1997 Protocol was signed by the Czech Republic, Hungary, Lithuania and Italy (the latter is a Contracting Party to the Paris Convention). The Protocol was ratified by Romania and Latvia (before their accession to the EU) and by Poland (after accession to the EU).

    The Vienna Convention and its 1997 Protocol are not open to participation by regional organisations. As a result, the European Union is not in a position to sign or ratify the Protocol. Under these circumstances, it is justified, on an exceptional basis, that the Member States ratify or conclude the 1997 Protocol in the interest of the European Union.

    IMPACT ASSESSMENT: the amendments to the Vienna Convention contain aspects that are beneficial to potential victims of a nuclear accident, i.e. an increase in the amounts of liability and a wider definition of nuclear damage. Therefore, in line with the conclusions of a study published in 2009 and a workshop held in June 2010 on nuclear liability2, it is recognized, after consultation with the stakeholders, that any initiative in the field of nuclear liability must not hamper the accession by Member States to any international convention improving the situation of potential victims in the European Union.

    LEGAL BASIS: Article 81(2) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with Article 218(6)(a) thereof.

    CONTENT: the Commission proposes that the Council authorises the Member States which are Contracting Parties to the Vienna Convention – i.e. Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland (ex post) and Slovakia - to ratify or conclude, in the interest of the European Union, the Protocol amending the Convention, which was adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency.

    The rules on recognition and enforcement of judgments laid down in Article XII of the Vienna Convention, as amended by Article 14 of the 1997 Protocol, should not take precedence either over the relevant rules established in Regulation (EC) No 44/2001, as extended to Denmark, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or in the Lugano Convention on jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters of 30 October 2007.

    Therefore, when ratifying or acceding to the 1997 Protocol, the Member States must make the declaration with the aim of ensuring continued application of the relevant EU rules.

    BUDGETARY IMPACT: the proposal has no impact on the Union’s budget.

committees/1/date
2012-10-10T00:00:00
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  • group: EPP name: MÉSZÁROS Alajos
activities
  • date: 2012-09-26T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=550 celexid: CELEX:52012PC0550:EN type: Legislative proposal published title: COM(2012)0550 body: EC type: Legislative proposal commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane
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  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
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European Commission
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  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
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2012/0262(NLE)
title
Vienna Convention (1963) on Civil Liability for Nuclear Damage, Protocol: ratification or accession by Member States
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Preparatory phase in Parliament
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Consent by Parliament
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NLE - Non-legislative enactments
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