Brussels, 14/07/2003 (Agence Europe) - The Commission has adopted by written procedure two proposals of decision aimed at strengthening the civil responsibility of those using nuclear installations and increasing the level of compensation for victims of nuclear accidents within the Community. These two proposals must allow EU Member States, which have signed the Paris Convention on nuclear third party liability, to sign and ratify the third protocol of amendment to the Paris convention which enlarges the scope of the convention and substantially increases the amount of compensation paid out to victims of nuclear accidents. The Council must now take a stance on these proposals.
The protocol provides for the amount of the nuclear operator's liability to go from the current EUR 21 million to a minimum of EUR 700 million, obliging the operator to take out insurance cover or a financial guarantee up to this amount. States will, however, be free to fix higher amounts or to provide for the operator's unlimited liability. The amount of liability was also increased for low risk installations, i.e. a minimum of EUR 70 million, and for accidents occurring during the transport of nuclear substances, i.e. a minimum of EUR 80 million. In parallel, the amounts of complementary compensation under the Brussels Convention of 1963, which are public funds, will be increased. The level of compensation to be met by the State where the nuclear site is located will be between EUR 700 million minimum and EUR 1.2 billion, and that borne by the countries signatory to the convention EUR 300 million. The total ceiling of compensation for victims will therefore be EUR 1.5 billion. In addition to these provisions, the protocol extends the notion of nuclear damage to also cover immaterial damage, damage caused to the environment and the cost of safeguard measures taken to reduce harm caused by a nuclear accident. Finally, it extends the geographical scope of the convention to provide compensation for victims in a larger number of States which are not parties to the convention.
The Paris convention on third party liability in the event of nuclear accident was developed within the framework of the Organisation for European Cooperation and Development (OECD). It is in force in 15 countries: 12 EU Member states (except Ireland, Luxembourg and Austria), Slovenia, Switzerland and Turkey.