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Nuclear Da?Os Protocol Amending The Convention On Civil Liability By Nuclear Da?Os - Full Text Of The Norm

Original Language Title: DA?OS NUCLEARES PROTOCOLO DE ENMIENDA DE LA CONVENCION DE VIENA SOBRE RESPONSABILIDAD CIVIL POR DA?OS NUCLEARES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
DAYS NUCLEARES Law 25.313 Approving the Amendment Protocol to the Vienna Convention on Civil Liability for Nuclear Damage and the Convention on Supplementary Compensation for Nuclear Damage.

Sanctioned: September 7 of 2000.

Enacted: October 6, 2000.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Approved the PROTOCOL FOR THE VIENNA CONVENTION ON CIVIL RESPONSIBILITY BY NUCLEARES DAYS and the CONVENTION ON SUPLEMENTARY INDEMNIZATION BY NUCLEARES DAYS, adopted in Vienna AREPUBLICA DE AUSTRIA,, on 12 September 1997, which consists of VEINTICU

ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS IN GOOD AIRES TO THE SEPTEMBER OF THE YEAR DOS MIL.

# 25.313 EL

PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.

CONVENTION ON SUPPLEMENTARY INDEMNIZATION BY NUCLEARES

CONTRACTING PARTIES,

RECOGNIZING the importance of the measures provided for in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Civil Liability in the Field of Nuclear Energy, as well as national legislation on compensation for nuclear damage consistent with the above principles of the Convention and the Convention;

DESEOSAS to establish a global liability regime to supplement and strengthen such measures with a view to increasing the amount of compensation for nuclear damages;

RECOGNIZING ADEMAS that such a global liability regime would foster regional and global cooperation to promote a higher degree of security in accordance with the principles of international partnership and solidarity;

They've agreed to the following:

CHAPTER I

GENERAL PROVISIONS

Article I

Definitions

For the purposes of this Convention:

(a) "Vienna Convention" shall mean the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 and any amendment to the Convention in force for a Contracting Party to this Convention.

(b) "Paris Convention" means the Paris Convention on Civil Liability in Nuclear Energy of 29 July 1960 and any amendments to the Convention that are in force for a Contracting Party to this Convention.

(c) For "special right of turn", henceforth called DEG, the account unit defined by the International Monetary Fund and used by the International Monetary Fund for its operations and transactions will be understood.

(d) By "nuclear reactor" any structure containing nuclear fuel will be understood so that it can produce a self-managed process of nuclear fission in chain without an additional source of neutrons.

(e) The "state of installation" in respect of a nuclear facility shall mean the Contracting Party in whose territory the nuclear installation is, or, if the nuclear installation is not in the territory of any State, the Contracting Party that exploits the nuclear installation or authorized its exploitation.

(f) "Nuclear Dams" means:

(i) Loss of human life or bodily injury;

(ii) Material damage or injury;

and each of the following damages to the measure determined by the law of the competent court:

(iii) The economic loss resulting from the loss or damage referred to in subparagraphs (i) and (ii), to the extent that it is not included in those sections, if covered by a person entitled to file a claim with respect to such loss or damage;

(iv) the cost of measures to rehabilitate the deteriorated environment, unless the deterioration is negligible, provided that such measures have actually been or are to be taken, and to the extent that they are not included in subparagraph (ii);

(v) Loss of profits derived from economic interest in any use or enjoyment of the environment resulting from a significant deterioration in the environment, and to the extent that it is not included in subparagraph (ii);

(vi) the costs of preventive measures and other damages caused by such measures;

(vii) any other economic loss other than a loss caused by the deterioration of the environment, if authorized by the general legission on the civil liability of the competent court, in the case of subparagraphs (i) to (iv) and (vii) above, to the extent that the damages are caused as a result of the ionizing radiation issued by any source of radiation within a nuclear facility, or by nuclear fuel or radioactive products or wastes

(g) "Rehabilitation measures" shall mean all reasonable measures that have been approved by the competent authorities of the State where the measures have been taken and which aim to rehabilitate or restore damaged or destroyed components of the environment or to introduce, where reasonable, the equivalent of these components. The law of the State in which the damage has been suffered shall determine who is entitled to take such measures.

(h) "Preventive measures" shall mean all reasonable measures taken by any person after a nuclear incident occurred in order to prevent or minimize the damage referred to in subparagraphs (i) to (v) or (vii) of paragraph (f), which shall be subject to the approval of the competent authorities required by the law of the State where the measures have been taken.

(i) "Nuclear incident" means any fact or succession of events that have the same origin and have caused nuclear damage or, but only with regard to preventive measures, they have created a serious and imminent threat to cause such damage.

(j) With respect to each Contracting Party, the total number of units calculated according to the formula set out in Article IV, paragraph 2, shall be understood by the "thermal power" and the maximum thermal power authorized by the competent national authorities.

(k) The "legislation of the competent court" shall mean the law of the court which is competent under this Convention, including the rules of that legislation relating to the conflict of laws.

(l) "reasonable measures" means measures which, under the law of the competent court, are deemed to be appropriate and proportionate, given the circumstances, such as:

(i) the nature and magnitude of the damage suffered or, in the case of preventive measures, the nature and magnitude of the risk of such damage;

(ii) To what extent, at the time they are adopted, there is the possibility of such measures being effective;

(iii) relevant scientific and technical knowledge.

Article II

Purpose and application

1. This Convention is intended to supplement the compensation system established under national law:

(a) implement one of the instruments referred to in article I, paragraphs (a) and (b); or

(b) comply with the provisions of the Annex to this Convention.

2. The system of this Convention shall apply to nuclear damages for which the operator of a peaceful nuclear facility located in the territory of a Contracting Party is liable under the Convention or the Convention referred to in article I or the national law referred to in paragraph 1 (b) of this article.

3. The Annex referred to in paragraph 1 (b) shall constitute an integral part of this Convention.

CHAPTER II

INDEMNIZATION

Article III

Commitment

1. Compensation for nuclear damages for each nuclear incident shall be ensured by the following means:

(a) (i) the State of the facility shall ensure the provision of 300 million GDRs or the higher amount that may have specified to the Depositary at any time prior to the nuclear incident or a transitional amount under subparagraph (ii);

(ii) A Contracting Party may establish, for a maximum of 10 years from the date of opening for signature of this Convention, a transitional amount of at least 150 million DEG in respect of a nuclear incident occurring within that period.

(b) In the party that exceeds the amount provided under subparagraph (a), the Contracting Parties shall grant public funds in accordance with the formula specified in Article IV.

2 (a) Compensation for nuclear damage in accordance with paragraph 1 (a) shall be distributed equally without discrimination relating to nationality, domicile or residence, provided that the State of the facility ' s legislation may, subject to its obligations under other nuclear liability instruments, exclude the nuclear damage suffered in a non-contractor State.

(b) Compensation for nuclear damage in accordance with paragraph 1 (b) shall be distributed equally, subject to article V and article XI, paragraph 1 (b), without discrimination relating to nationality, domicile or residence.

3. If the nuclear damage to be compensated does not require the total amount set out in paragraph 1 (b), contributions will be reduced proportionally.

4. Interests and costs granted by a court under actions for compensation for nuclear damage shall be paid in addition to the amounts granted pursuant to paragraph 1 (a) and (b) and shall be proportional to actual contributions made pursuant to paragraph 1 (a) and (b), respectively, by the responsible operator, the Contracting Party on whose territory the nuclear installation of such operator and the Contracting Parties is located jointly.

Article IV

Calculation of contributions

1. The formula of contributions under which Contracting Parties shall provide the public funds referred to in Article III:1(b) shall be determined as follows:

(a) (i) the quantity of the output of the installed nuclear power of that Contracting Party multiplied by 300 DEG per installed power unit;

(ii) the amount determined by the application of the reason between the rate of assessment of the United Nations share of that Contracting Party calculated for the year prior to the year in which the nuclear incident occurred and the total assessment rates for all Contracting Parties at 10 per cent of the amount calculated for all Contracting Parties in accordance with subparagraph (i).

(b) Without prejudice to the provisions of subparagraph (c), the contribution of each Contracting Party shall be the sum of the amounts referred to in subparagraphs (a) (i) and (ii), provided that States that have the minimum rate of assessment of the United Nations quota that do not possess nuclear reactors are not obliged to make contributions.

(c) The maximum contribution that may be charged by nuclear incident to any Contracting Party, other than the State of the facility, under subparagraph (b) shall not exceed the percentage specified in the total contributions of all Contracting Parties determined under subparagraph (b). With respect to a particular Contracting Party, the specified percentage shall be its rate of assessment of the United Nations share expressed by a percentage plus 8 percentage points. If, at the time of an incident, the total installed power of the Parties to this Convention has an amount of 625,000 units or more, this percentage will be increased by a percentage point. The percentage will be increased by another percentage point for each increase of 75,000 units above the power of 625,000 units.

2. The formula for each nuclear reactor located in the territory of the Contracting Party will be 1 unit per MW of thermal power. The formula will be calculated on the basis of the thermal power of the nuclear reactors at the date of the nuclear incident in the list prepared and kept up to date in accordance with Article VIII.

3. For the purpose of calculating contributions, a nuclear reactor will be taken into account from the date on which nuclear fuel elements were first loaded. A nuclear reactor will be excluded from the calculation when all fuel elements have been permanently removed from the reactor core and stored in safety conditions in accordance with approved procedures.

Article V

Geographical scope

1. The funds provided under article III, paragraph 1 (b), shall apply to nuclear damage suffered:

(a) in the territory of a Contracting Party;

(b) in or on maritime areas outside the territorial sea of a Contracting Party:

(i) aboard a ship or a ship holding the flag of a Contracting Party, or on board an aircraft or aircraft registered in the territory of a Contracting Party, or on or by an island, installation or artificial structure under the jurisdiction of a Contracting Party;

(ii) by a national of a Contracting Party; excluding the damage suffered in or on the territorial sea of a State not a party to this Convention;

(c) in or on the exclusive economic zone of a Contracting Party or on the continental shelf of a Contracting Party in relation to the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; provided that the courts of a Contracting Party are competent under article XIII.

2. Any signatory or acceding State may, at the time of signing or acceding to this Convention or depositing its instrument of ratification, declare that for the purposes of the implementation of paragraph 1 (b) (ii), persons or certain categories of persons who, according to their laws, consider themselves habitual residents in their territory to be assimilated to their own nationals.

3. In this article, the term "national of a Contracting Party" shall include the Contracting Party or any of the political subdivisions of its territory, any legal person of public law and any public or private entity established in the territory of a Contracting Party even if it has no legal personality.

CHAPTER III

ORGANIZATION OF THE SUPLEMENTARY FINANCING

Article VI

Notification of nuclear damage

Without prejudice to the obligations that Contracting Parties may have under other international agreements, the Contracting Party whose tribunals are competent shall inform the other Contracting Parties of any nuclear incident as soon as it appears that the damage caused by such incident exceeds, or is likely to exceed, the amount available under article III, paragraph 1 (a), and that contributions under article III, paragraph 1 (b), may be required. The Contracting Parties shall promptly take all necessary steps to define the procedure to govern their relations in this regard.

Article VII

Fundraising

1. After the notification referred to in article VI and without prejudice to article X, paragraph 3, the Contracting Party whose courts are competent shall request the other Contracting Parties to grant, to the extent and at the time when they are actually required, the public funds referred to in article III, paragraph 1 (b), and shall have the exclusive competence to disburse such funds.

2. Regardless of existing or future regulations relating to currencies or transfers, Contracting Parties shall authorize the transfer and payment of any contributions made under Article III:1(b) without any restriction.

Article VIII

List of nuclear facilities

1. Each Contracting State, at the time of depositing its instrument of ratification, acceptance, approval or accession, shall notify the Depositary of a complete list of all nuclear facilities referred to in article IV, paragraph 3. The list will contain the details necessary for the calculation of contributions.

2. Each Contracting State shall promptly notify the Depositary of any changes to be made to the list. When such modifications involve the inclusion of a nuclear facility, the communication should be made at least three months in advance of the date on which nuclear materials are expected to be introduced.

3. If a Contracting Party finds that the details or any modifications to be made in the list, communicated by a Contracting State in accordance with paragraphs 1 and 2, do not conform to those provisions, it may object to that matter by directing them to the Depositary within three months of the date of receipt of the notification referred to in paragraph 5. The Depositary shall immediately communicate this objection to the State with respect to whose information the objection has been raised. Any disagreement that cannot be resolved shall be dealt with in accordance with the dispute settlement procedure set out in article XVI.

4. The Depositary shall maintain, update and circulate annually to all Contracting States the list of nuclear facilities established in accordance with this article.

The list shall contain all the details and modifications referred to in this article, on the understanding that objections, if accepted, shall have retroactive effect to the date on which they were formulated.

5. The Depositary shall notify each Contracting Party as soon as possible of any communications and objections received under this article.

Article IX

Right to repeat

1. Any Contracting Party shall enact the necessary legislation to enable the Contracting Party in whose territory the installation of the responsible operator and other Contracting Parties that have paid the contributions referred to in paragraph 1 (b) of Article III to benefit from the right of repetition of the operator, to the extent that the operator has that right under the Convention or to the Convention referred to in Article I or to the national legislation referred to in paragraph 1 (b)

2. The legislation of the Contracting Party in whose territory the nuclear installation of the responsible operator is located may contain provisions to obtain from the operator, if the damage was the result of his fault, the reimbursement of the public funds provided under this Convention.

3. The Contracting Party whose courts are competent may exercise the right of repetition established in paragraphs 1 and 2 on behalf of the Contracting Parties that have contributed.

Article X

Payments, process

1. Payments from the funds required under article III, paragraph 1, and its system of assessment shall be made in accordance with the system of the Contracting Party whose courts are competent.

2. Each Contracting Party shall ensure that persons who suffer damages have the opportunity to assert their rights to compensation without having to initiate separate proceedings on the basis of the funds provided for such compensation and that the Contracting Parties may intervene in the proceedings against the responsible operator.

3. No Contracting Party shall be obliged to grant the public funds referred to in article III, paragraph 1 (b), if the claims for compensation could be met with the funds referred to in article III, paragraph 1 (a).

Article XI

Allocation of funds

The funds provided under article III, paragraph 1 (b), shall be distributed as follows:

1. (a) Fifty per cent of the funds will be allocated to meet claims for compensation for nuclear damage suffered within or outside the State of the facility;

(b) Fifty per cent of the funds shall be allocated to meet claims for compensation for nuclear damage suffered outside the territory of the State of the facility to the extent that such claims are not satisfied under subparagraph (a).

(c) In the event that the amount provided under Article III.1(a) is less than 300 million:

(i) The amount indicated in paragraph 1 (a) shall be reduced by a percentage equivalent to the percentage in which the amount provided under article III, paragraph 1 (a), is less than 300 million;

(ii) The amount indicated in paragraph 1 (b) shall be increased in the amount of the reduction calculated under subparagraph (i).

2. If a Contracting Party, in accordance with article III, paragraph 1 (a), had committed itself to providing without discrimination an amount not less than 600 million DEG and that had been communicated to the Depositary prior to the nuclear incident, all funds referred to in article III, paragraph 1 (a) and (b), shall be provided, without prejudice to paragraph 1, to compensate for nuclear damage suffered within or outside the State of the facility.

CHAPTER IV

OPTIONS

Article XII

1. Unless otherwise provided by this Convention, each Contracting Party may exercise its powers under the Vienna Convention or the Paris Convention, and all the provisions adopted by this Convention may be opposed to the other Contracting Parties for the provision of public funds provided for in article III, paragraph 1 (b).

2. No provision of this Convention may prevent a Contracting Party from making provisions outside the scope of the Vienna Convention or the Paris Convention and this Convention, provided that such provisions do not entail additional obligations for the other Contracting Parties and provided that the damage to a Contracting Party that does not have nuclear facilities in its territory is not excluded from such additional compensation on the basis of lack of reciprocity.

3. (a) No provision of this Convention may prevent Contracting Parties from concluding regional or other agreements in order to comply with their obligations under article III, paragraph 1 (a), or from providing additional funds for the compensation of nuclear damage, provided that this does not entail a new obligation under this Convention for the other Contracting Parties.

(b) A Contracting Party intending to conclude such an agreement shall notify all other Contracting Parties of its purpose. The agreements concluded shall be notified to the Depositary.

CHAPTER V

COMPETENCE AND APPLICABLE LAW

Article XIII

Competition

1. Except in cases where this article provides otherwise, the courts of the Contracting Party in whose territory the nuclear incident occurred shall be the only competent ones in respect of actions relating to nuclear damage caused by a nuclear incident.

2. Where a nuclear incident occurs within the area of the exclusive economic zone, a Contracting Party or if the zone has not been established, in an area that does not exceed the limits of an exclusive economic zone, if it has been established by that Party, the jurisdiction with respect to actions relating to nuclear damage arising from that nuclear incident, for the purposes of this Convention shall fall only in the courts of that Party. The preceding sentence shall apply if the Contracting Party has notified the Depositary of such area prior to the nuclear incident. Nothing in this paragraph shall be construed as allowing the exercise of jurisdiction in a manner that is contrary to international law of the sea, including the United Nations Convention on the Law of the Sea. However, if the exercise of such jurisdiction is inconsistent with the obligations of that Party with respect to a State not party to this Convention in accordance with article XI of the Vienna Convention or article 13 of the Paris Convention, the jurisdiction shall be determined in accordance with these provisions.

3. Where a nuclear incident does not occur within the territory of any Contracting Party or within an area notified in accordance with paragraph 2 or where the location of the nuclear incident cannot be determined with certainty, they shall be competent only in respect of actions relating to nuclear damage caused by the nuclear incident by the courts of the State of the facility.

4. Where competition in respect of actions relating to nuclear damage falls within the courts of more than one Contracting Party, such Contracting Parties shall jointly determine which courts shall be competent.

5. The judgement handed down by a court of a Contracting Party to which the jurisdiction is appropriate and for which no ordinary form of review is no longer applicable shall be recognized unless:

(a) The sentence has been obtained through fraud;

(b) The party against whom the judgement is handed down has not been given the opportunity to present its case in equitable conditions;

(c) The judgement is contrary to the public order of the Contracting Party in which its recognition is managed or does not conform to the fundamental rules of justice.

6. A judgement recognized under paragraph 5 shall, upon request for execution in accordance with the formalities required by the law of the Contracting Party in whose territory the execution is sought, enforceable force as if it were the judgement of a court of that Contracting Party. The merits of a lawsuit in respect of which the judgement has been handed down may not be retrial.

7. The arrangements made with respect to the payment of compensation from the public funds referred to in article III, paragraph 1 (b), in accordance with the conditions stipulated by national legislation shall be recognized by the other Contracting Parties.

Article XIV

Applicable law

1. A nuclear incident shall be applied in an exclusive manner, as appropriate, either the Vienna Convention or the Paris Convention or the Annex to this Convention.

2. Without prejudice to the provisions of this Convention, the Vienna Convention or the Paris Convention, as appropriate, the applicable law shall be that of the competent court.

Article XV

Public international law

This Convention shall not affect the rights and obligations of a Contracting Party arising from general rules of public international law.

CHAPTER VI

CONTROVERSAL SOLUTION

Article XVI

1. In the event of a dispute between Contracting Parties with regard to the interpretation or application of this Convention, the parties to the dispute shall be consulted with a view to their settlement through negotiations or any other peaceful means of resolving disputes that they deem acceptable.

2. In the event that a dispute of the nature referred to in paragraph 1 could not be resolved within six months of the request for consultations made pursuant to paragraph 1, at the request of any party to that dispute shall be submitted to arbitration or referred to the International Court of Justice for decision. Upon submission of a dispute to arbitration, if within six months of the date of the request, the parties to the dispute fail to agree on the organization of the arbitration, any of them may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In the event of a conflict between the requests of the parties to the dispute, the request addressed to the Secretary-General of the United Nations shall be a priority.

3. By ratifying, accepting or approving or acceding to this Convention, a State may declare that it is not bound by any or any of the two procedures stipulated for the settlement of disputes in paragraph 2. The other Contracting Parties shall not be bound by a dispute settlement procedure set out in paragraph 2 with respect to a Contracting Party to which such a declaration is in force.

4. Any Contracting Party which has made a declaration under paragraph 3 may withdraw it at any time by notification to the Depositary.

CHAPTER VII

FINAL CLAUSULATIONS

Article XVII

Signature

The present Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna from 29 September 1997 until its entry into force.

Article XVIII

Ratification, acceptance, approval

1. This Convention shall be subject to the ratification, acceptance or approval of the signatory States. Only an instrument of ratification, acceptance or approval of a State Party to the Vienna Convention or the Paris Convention, or of a State that declares that its national law complies with the provisions of the Annex to the present Convention, provided that, in the event that a State has in its territory a nuclear facility corresponding to the definition of the Convention on Nuclear Safety of 17 June 1994, it is a Contracting State to that Convention.

2. Instruments of ratification, acceptance or approval shall be deposited with the Director-General of the International Atomic Energy Agency, who shall be the Depositary of this Convention.

3. Each Contracting Party shall transmit to the Depositary a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in article II, paragraph 1, and of its amendments, including any specification made in accordance with article III, paragraph 1 (a), or article XI, paragraph 2, or transitional amount stipulated in article III, paragraph 1 (a) (ii). The Depositary shall distribute copies of such provisions to all other Contracting Parties.

Article XIX

Accession

1. Any State that has not signed this Convention may accede to it after its entry into force. A State Party to the Vienna Convention or the Paris Convention, or a State that declares that its national law complies with the provisions of the Annex to this Convention, shall be accepted only if a State has a nuclear facility in its territory that corresponds to the definition given by the Convention on Nuclear Safety of 17 June 1994, is a Contracting State to that Convention.

2. Instruments of accession shall be deposited with the Director-General of the International Atomic Energy Agency.

3. Each Contracting Party shall transmit to the Depositary a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in article II, paragraph 1, and of its amendments, including any specification made in accordance with article III, paragraph 1 (a), or article XI, paragraph 2, or transitional amount stipulated in article III, paragraph I (a) (ii). The Depositary shall distribute copies of such provisions to all other Contracting Parties.

Article XX

Entry into force

1. This Convention shall enter into force on the ninetieth day from the date on which at least five States with a minimum of 400,000 installed nuclear power units have deposited one of the instruments referred to in article XVIII.

2. For each State that subsequently ratify, accept or approve or accede to this Convention, the Convention shall enter into force on the ninetieth day from the date on which the State has deposited the relevant instrument.

Article XXI

Complaint

1. Each Contracting Party may denounce this Convention by written notification to the Depositary.

2. The complaint shall take effect one year after the date on which the Depositary has received the notification.

Article XXII

Cessation

1. Any Contracting Party that ceases to be a Party to the Vienna Convention or the Paris Convention shall notify this fact and the date of such a cessation to the Depositary. On that date, that Contracting Party shall cease to be a Party to this Convention unless its national law complies with the provisions of the Annex to this Convention and has notified this circumstance to the Depositary and provided a copy of the provisions of its national law in one of the official languages of the United Nations. The Depositary shall distribute such a copy to all other Contracting Parties.

2. Any Contracting Party whose national law ceases to comply with the provisions of the Annex to this Convention and which is not a Party to the Vienna Convention or the Paris Convention shall notify this fact and the date of such cessation to the Depositary. On that date, that Contracting Party shall cease to be a Party to this Convention.

3. Any Contracting Party having a nuclear facility in its territory in accordance with the definition of the Convention on Nuclear Safety that ceases to be a party to that Convention shall notify this fact and the date of such cessation to the Depositary. That Contracting Party, without prejudice to paragraphs 1 and 2 thereof, shall cease to be a Party to this Convention.

Article XXIII

Continuation of previous rights and obligations

Without prejudice to a complaint under article XXI or a cessation under article XXII, the provisions of the present Convention will continue to apply to all nuclear damage caused by a nuclear incident that occurred prior to that denunciation or cessation.

Article XXIV

Revision and amendment

1. The Depositary, after consulting the Contracting Parties, may convene a conference to review or amend this Convention.

2. The Depositary shall convene a conference of the Contracting Parties to review or amend this Convention when it so requests at least one third of the Contracting Parties.

Article XXV

Amendment by simplified procedure

1. The Depositary shall convene a meeting of the Contracting Parties to modify the amounts of compensation referred to in article III, subparagraphs (a) and (b) d I, paragraph 1, or the various categories of facilities, including contributions to be paid in respect of them, referred to in article IV, paragraph 3, if a third of the Contracting Parties express such a wish.

2. The decision to adopt a proposed amendment shall be taken by vote. An amendment shall be adopted if there is no vote against it.

3. The Depositary shall notify all Contracting Parties of any amendment approved in accordance with paragraph 2. The amendment shall be deemed accepted if within 36 months of its notification, all Contracting Parties at the time of the adoption of the amendment have communicated their acceptance to the Depositary. The amendment shall enter into force for all Contracting Parties 12 months after their acceptance.

4. If within 36 months of the date on which an amendment has been notified with a view to its acceptance has not been accepted in accordance with paragraph 3, it shall be considered rejected.

5. When an amendment has been adopted in accordance with paragraph 2, but the 36-month period for acceptance has not yet expired, a State which becomes a Party to this Convention during that period shall be bound by the amendment if it enters into force. A State that becomes a Party to this Convention after that period shall be bound by any amendment that has been accepted in accordance with paragraph 3. In the cases referred to in this paragraph, a Contracting Party shall be bound by an amendment when it enters into force or when the present Convention enters into force for that Contracting Party, according to which of these facts occurs later.

Article XXVI

Functions of the Depositary

In addition to the functions assigned to it by other articles of this Convention, the Depositary shall promptly notify Contracting Parties and States invited to the Conference for the adoption of this Convention, as well as the Secretary-General of the Organization for Economic Cooperation and Development:

(a) Each signature of this Convention;

(b) Each deposit of an instrument of ratification, acceptance, approval or accession relating to this Convention;

(c) The entry into force of this Convention;

(d) Statements received in accordance with article XVI;

(e) any complaint received under article XXII or notification received under article XXII;

(f) Any notification in accordance with article XIII, paragraph 2,;

(g) Other relevant amendments relating to this Convention.

Article XXVII

Authentic texts

The original of this Convention, the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency, who shall send certified copies thereof to all States.

IN WITNESS WHERE ARE THE FIRMING BODIES, AUTHORIZED DEBIDAMENTS FOR THE WHILE, HAVE FIRMED THE PRESENT CONVENTION.

Made in Vienna, on the twelve days of September, nine hundred and ninety-seven.

Annex

Contracting Parties that are not Parties to any of the instruments referred to in Article I, paragraphs (a) or (b), of this Convention shall ensure that their national legislation is in conformity with the provisions of this Annex to the extent that such provisions are not directly applicable to such Contracting Parties. Contracting Parties that have no nuclear facilities in their territory shall only possess the necessary legislation to enable such Parties to implement their obligations under this Convention.

Article 1

Definitions

1. In addition to the definitions of article I of this Convention, the following definitions shall apply for the purposes of this Annex:

(a) "nuclear fuels" means materials that can produce energy through a self-managed nuclear-fission process.

(b) For the purposes of paragraph 2 (b) of this article, "nuclear instability" shall mean:

(i) Nuclear reactors, except those used as a source of energy in a medium of air or maritime transport, both for their propulsion and for other purposes;

(ii) factories using nuclear fuels to produce nuclear materials, and factories for the treatment of nuclear materials, including irradiated nuclear fuel reprocessing facilities;

(iii) Nuclear storage facilities, except where such materials are stored incidentally during transport; on the understanding that the installation State may determine that a single nuclear facility is considered to be a single nuclear facility for a single operator located in the same place.

(c) "nuclear material" means:

(i) Nuclear fuels, except natural uranium and depleted uranium, which alone or in combination with other materials can produce energy through a self-managed nuclear-fission process outside a nuclear reactor;

(ii) radioactive products or wastes.

(d) The "exploiter" of a nuclear facility shall mean the person designated or recognized by the State of the installation as the operator of such installation.

(e) "Radioactive products or wastes" means radioactive materials or radioactive materials converted by exposure to radiation resulting from production or use of nuclear fuels, with the exception of radioisotopes that have reached the final stage of their production and can be used for scientific, medical, agricultural, commercial or industrial purposes.

2. The State of the facility may exclude from the scope of this Convention any nuclear installation or any small amount of nuclear material provided that it permits the reduced importance of the dangers inherent in such a decision and provided that:

(a) With regard to nuclear facilities, the Board of Governors of the International Atomic Energy Agency has established the criteria for such exclusion and that the exclusion of a State from the facility is consistent with those criteria;

(b) With regard to small quantities of nuclear materials, the Board of Governors of the International Atomic Energy Agency has established the maximum limits of such exclusion and that the exclusion of a State from the facility is within those limits.

The criteria for the exclusion of nuclear facilities and the maximum limits for the exclusion of small quantities of nuclear materials will be reviewed periodically by the Board of Governors.

Article 2

Conformity of legislation

1. It shall be understood that the national law of a Contracting Party is in accordance with the provisions of articles 3, 4, 5 and 7 when it contains and continues to contain provisions that have been in force on 1 January 1995:

(a) To establish strict liability for a nuclear incident where material nuclear damage exists outside the location of the nuclear installation in which it occurred;

(b) To demand compensation from all other persons other than the operator responsible for nuclear damage to the extent that such persons have the legal responsibility to pay compensation,

(c) To ensure the contribution of at least 1 billion DEG in respect of a civilian nuclear power plant and at least 300 million DEG in respect of other civilian nuclear facilities for such compensation.

2. Where in accordance with paragraph 1 it is understood that the national law of a Contracting Party is in conformity with the provisions of articles 3, 4, 5 and 7, that Party:

(a) A definition of nuclear damage may apply to the extent that such losses or damages are derived or are the result of radioactive properties, or of a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or wastes present in such installations;

(b) may apply the definition of nuclear installation contained in paragraph 3 of this article, excluding the definition of article 1, paragraph 1 (b), of this Annex.

3. For the purposes of paragraph 2 (b) of this article, "nuclear instability" means,

(a) Civil nuclear reactors, except those used as a source of energy in a medium of maritime or air transport, both for their propulsion and for other purposes;

(b) Civil facilities for the treatment, re-elaboration or storage of:

(i) irradiated nuclear fuel

(ii) radioactive products or wastes:

(1) are the result of the re-elaboration of irradiated nuclear fuel and contain significant quantities of fission products;

2) contain elements that have an atomic number greater than 92 in concentrations greater than 10 nanocuries per gram;

(c) the other facilities for the treatment, re-elaboration or storage of nuclear materials unless the Contracting Party determines that the reduced extent of the risks represented by that facility may exclude it from this definition.

4. Where the national legislation of a Contracting Party in accordance with paragraph 1 of this article does not apply to a nuclear incident occurring outside the territory of that Contracting Party, but in connection with which the courts of that Contracting Party are competent under article XIII of this Convention, Articles 3 to 11 of the Annex shall apply and shall prevail over any incompatible provision of applicable national legislation.

Article 3

Responsibility of the operator

1. The operator of a nuclear facility shall be responsible for nuclear damage if it is proved that such damage has been caused by a nuclear incident:

(a) occurred in that nuclear facility;

(b) involving nuclear materials from or originating in that nuclear facility, when the incident occurs:

(i) before the operator of another nuclear facility has expressly assumed responsibility for nuclear incidents caused by nuclear materials, in accordance with the terms of a written contract;

(ii) In the absence of express provisions in such a contract, before the operator of another nuclear facility has taken over nuclear materials;

(iii) Whether nuclear materials are intended for a reactor with which a means of transport is equipped as a source of energy for their propulsion or for other purposes, before the person duly authorized to exploit that reactor has taken over nuclear materials;

(iv) if nuclear materials have been sent to a person on the territory of a non-contractor State, before they have been discharged from the means of transport in which they have reached the territory of that non-contractor State;

(c) involving nuclear materials sent to that nuclear facility, when the incident occurs:

(i) After the responsibility for nuclear incidents caused by nuclear materials has been transferred to the operator under the terms of a written contract by the operator of another nuclear facility;

(ii) In the absence of express provisions in a written contract, after the operator has taken over nuclear materials;

(iii) After the operator has taken over nuclear materials from the operator of a nuclear reactor with which a means of transport is equipped as a source of energy for its propulsion or for other purposes;

(b) if nuclear materials have been sent, with the written consent of the operator, by a person in the territory of a non-contractor State, only after they have been loaded into the means of transport by which they leave the territory of that State; it is understood that, if the nuclear damage has been caused by a nuclear incident occurring in a nuclear facility and in which the nuclear materials stored therein are involved, they shall not apply exclusively to another person.

2. The State of the facility may provide by law that, under the conditions stipulated by such legislation, a carrier of nuclear materials or a person who handles radioactive wastes may, if the carrier or the person so requests and the operator agrees to do so, be considered or recognized as exploiters in relation, respectively, to nuclear materials or radioactive wastes and to replace the operator concerned. In this case, for all purposes of this Convention, the carrier or the person acting as the operator of a nuclear facility in the territory of that State shall be considered.

3. The operator's responsibility for nuclear damage will be absolute.

4. When a nuclear incident or, together, a nuclear incident and one or more facts other than that cause nuclear damage and damage other than nuclear damage, the latter will be caused by nuclear damage caused by that nuclear incident to the extent that it cannot be separated with certainty from nuclear damage. However, where the damage has been caused jointly by a nuclear incident provided for in the provisions of this Annex and by an ionizing radiation emission not provided for by this Annex, no provision in this Annex shall limit or affect liability for persons who suffer nuclear damage or by repetition or contribution of persons who may have responsibility for the emission of ionizing radiation.

5. (a) No operator shall have any responsibility for nuclear damage caused by a nuclear incident if such an incident is directly due to acts arising from armed conflict, hostilities, civil war or insurrection.

(b) Unless otherwise provided by the State of the facility, the operator shall not be liable for nuclear damage caused by a nuclear incident due directly to exceptional cataclysms.

6. National legislation may totally or partially exempt an operator from the obligation to pay compensation for the nuclear damage suffered by a person provided that the operator demonstrates that nuclear damage has been caused in whole or in part by a serious negligence of that person or by an act or omission of that person committed with the intention of causing damage.

7. The operator will not be responsible for the nuclear damage caused:

(a) The proper nuclear installation and any other nuclear installation, including a nuclear installation under construction, at the location of the facility;

(b) property located at the same location used or to be used in connection with one of these facilities;

(c) Except as otherwise provided by national legislation, the means of transport where relevant nuclear materials have been found at the time of the nuclear incident. If the domestic law provides that the operator is responsible for such damages, compensation for such damages shall not have the effect of reducing the operator ' s liability for other damages to an amount less than 150 million DEG or a larger amount established by the law of a Contracting Party.

8. No provision of this Convention shall affect the liability of the operator outside the framework of this Convention for nuclear damages to which he has no responsibility under paragraph 7 (c) of this Convention.

9. The right to compensation for nuclear damage may be exercised only against the responsible operator, provided that national law recognizes the direct right to take action against any of the suppliers of funds provided under the provisions of national law to ensure compensation through the use of funds from sources other than the operator.

10. The operator shall not be liable for damage caused by a nuclear incident outside the provisions of national law in accordance with this Convention.

Article 4

Liability issues

1. Without prejudice to article III, paragraph 1 (a) (ii), the State of the facility may limit the liability of the operator for each nuclear incident to:

(a) not less than 300 million GDRs;

(b) not less than 150 million GDRs provided that, above that amount and up to 300 million GDRs, at least, that State provides public funds to compensate for nuclear damages.

2. Without prejudice to paragraph 1, the State of the facility, taking into account the nature of the nuclear installation or the nuclear material concerned and the possible consequences of an incident originating in them, may stipulate a lesser amount of the operator ' s responsibility, provided that the amount thus stipulated in no case is less than 5 million DEG and provided that the State of the facility guarantees the provision of public funds up to the amount determined under paragraph 1.

3. The amounts stipulated by the State of the installation of the responsible operator in accordance with paragraphs 1 and 2, as well as the provisions of all the legal texts of a Contracting Party under article 3, paragraph 7 (c), shall apply irrespective of the place of the nuclear incident.

Article 5

Financial guarantee

1. (a) The operator shall be obliged to have and maintain a insurance or other financial guarantee that covers his liability for nuclear damage in an amount, of the type and in the terms specified by the State of the facility. The State of the facility shall ensure payment of claims for compensation for nuclear damage that have been filed against the operator by providing the necessary funds to the extent that the proceeds of the insurance or other financial guarantee are insufficient to meet such claims, but without exceeding the limit, if any, established under article 4. When the operator ' s liability is unlimited, the State of the facility may set a limit for the financial guarantee of the responsible operator, provided that this limit is not less than 300 million DEG. The State of the facility shall ensure payment of claims for compensation for nuclear damage that have been filed against the operator to the extent that the proceeds of the financial guarantee are insufficient to meet those claims, but without exceeding the amount of the financial guarantee to be granted under this paragraph.

(b) Without prejudice to subparagraph (a), the State of the facility, in view of the nature of the nuclear installation or of the nuclear substances present and the possible consequences of an incident originating therein, may stipulate a lower amount for the operator ' s financial guarantee, provided that in no case the amount thus stipulated is less than five million DEG and provided that the State of the facility guarantees the payment of the claims for compensation of nuclear damages that have been incurred by means of the operation.

2. No provision in paragraph 1 may oblige a Contracting Party or any of its political subdivisions to maintain insurance or other financial guarantee to cover its liability as an operator.

3. The funds paid for the insurance, or under another financial guarantee or by the State of the facility under article 4, paragraph 1, or (b), shall be provided solely for compensation due under this Annex.

4. The insurer or other financial guarantor may not suspend or cancel the insurance or other financial guarantee established pursuant to paragraph 1 without having communicated in writing at least two months in advance to the competent public authority or, to the extent that such insurance or other financial guarantee relates to the transport of nuclear materials, during the period of the corresponding transport.

Article 6

Transport

1. With respect to a nuclear incident during transport, the maximum amount of the operator ' s liability shall be governed by the national law of the State of the facility.

2. A Contracting Party may submit the transport of nuclear materials through its territory on the condition that the amount of the operator ' s liability is increased to an amount that does not exceed the maximum amount of the operator ' s responsibility for a nuclear facility located in its territory.

3. The provisions of paragraph 2 shall not apply:

(a) Sea transport where there is, under international law, a right of refuge in the ports of that Contracting Party, as a result of imminent danger, or a right of harmless passage through its territory;

(b) Air transportation where there is, under an agreement or international law, a right to fly over the territory or to land in the territory of that Contracting Party.

Article 7

Responsibility of more than one operator

1. When nuclear damage involves the responsibility of several exploiters, the exploiters involved will be jointly and cumulatively responsible to the extent that the damages attributable to each operator cannot be safely separated. The State of the facility may limit the amount of public funds to be made by incident to the difference, if any, between the amounts stipulated here and the amount determined under article 4, paragraph 1.

2. When a nuclear incident occurs during the transport of nuclear materials, either in one and the same means of transport, either in the case of storage during transport, in one and the same nuclear facility, and will cause nuclear damage involving the responsibility of more than one operator, the total liability shall not exceed the maximum amount applicable to any of them in accordance with Article 4.

3. In the cases referred to in paragraphs 1 and 2, no operator shall have a liability exceeding the applicable amount in respect of him in accordance with article 4.

4. Without prejudice to the provisions of paragraphs 1 to 3, when a number of single and same exploiter nuclear facilities are involved in a nuclear incident, the operator shall be responsible for each nuclear facility involved up to the applicable amount in respect of it in accordance with Article 4. The State of the facility may limit the amount of public funds provided in accordance with paragraph 1.

Article 8

Compensation under national law

1. For the purposes of this Convention, the amount of compensation shall be determined without regard to the interests and costs granted in a trial for compensation for nuclear damage.

2. Compensation for damage suffered outside the State of the facility shall be paid in a freely transferable manner between the Contracting Parties.

3. Where the provisions of the national or public health insurance, social insurance, social security or compensation systems for occupational accidents and diseases include compensation for nuclear damage, the rights of the beneficiaries of such systems and the right of repetition that may be exercised shall be regulated by the law of the Contracting Party in which such systems have been established or the regulations of the intergovernmental organization that has established such systems.

Article 9

Prescription period

1. Actions to obtain compensation under this Convention shall be brought under a statute of limitation within 10 years of the date of the nuclear incident. However, if the authority of the operator is covered by an insurance or other financial guarantee or with State funds for a period exceeding 10 years, the law of the competent court may provide that the right to claim compensation to the operator shall be extinguished only after a period of more than 10 years, but shall not exceed the time limit when the liability is covered by the legislation of the State of the facility.

2. In the event of nuclear damage caused by a nuclear incident involving nuclear material that had been stolen or lost, either ejected or abandoned at the time of the nuclear incident, the time limit referred to in paragraph 1 shall be calculated from the date of that nuclear incident, but, without prejudice to the legislation applied under paragraph 1, it shall in no case be more than twenty years from the date of theft, the loss of theft or the loss of theft.

3. The law of the competent court may set a period of extinction or limitation not less than three years, to be counted from the date on which the victim of nuclear damage had or should have been aware of such damage and of the operator responsible for them, without being able to exceed the time limit set out in paragraphs 1 and 2.

4. Where a Contracting Party ' s national legislation sets a time limit for extinction or statute of limitation over 10 years from the date of a nuclear incident, such legislation shall contain provisions for the fair and timely treatment of claims for loss of life or bodily injury filed within 10 years of the date of the nuclear incident.

Article 10

Right to repeat

National legislation may provide that the operator shall be entitled only to repeat:

(a) when expressly stipulated in a written contract;

(b) When the nuclear incident is the result of an act or omission committed with the intention of causing harm, against the physical person author of the intentional act or omission.

Article 11

Applicable law

Without prejudice to the provisions of this Convention, the nature, form, extent and equitable distribution of compensation for nuclear damage caused by a nuclear incident shall be governed by the law of the competent court.

PROTOCOL OF THE VIENNA CONVENTION ON CIVIL RESPONSIBILITY BY NUCLEAR DAMNINGS

STATES PARTIES IN THE PRESENT PROTOCOL,

CONSIDERING the desirability of amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 with a view to broadening the scope of application, increasing the amount of responsibility of the operator of a nuclear facility and improving the means to ensure adequate and equitable compensation,

They've agreed to the following:

ARTICLE 1

The Convention amended by the provisions of this Protocol is the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963, henceforth referred to as the " 1963 Vienna Convention".

ARTICLE 2

Article I of the 1963 Vienna Convention is amended as follows:

1. Paragraph 1 (j) Amend to read:

(a) At the end of subparagraph (iii) the comma is replaced by a semicolon.

(b) Add a subparagraph (iv) of the following:

(iv) other facilities where nuclear fuel or radioactive products or waste is available at a time determined by the Board of Governors of the International Atomic Energy Agency;

2. Paragraph 1 (k) should read:

(k) "Nuclear Dams" means:

(i) the loss of life or bodily injury, (ii) damage or material injury; and each of the following damages to the measure determined by the law of the competent court:

(iii) The economic loss arising from the loss or damage referred to in subparagraphs (i) and (ii), to the extent that it is not included in those sections, if a person entitled to file a claim with respect to such loss or damage is affected;

(iv) the cost of measures to rehabilitate the deteriorated environment, unless the deterioration is negligible, provided that such measures have actually been or are to be taken, and to the extent that they are not included in subparagraph (ii);

(v) Loss of profits derived from economic interest in any use or enjoyment of the environment resulting from a significant deterioration in the environment, and to the extent that it is not included in subparagraph (ii);

(vi) the costs of preventive measures and other damages caused by such measures;

(vii) any other economic loss other than a loss caused by the deterioration of the environment, if authorized by the general law on civil liability of the competent court, in the case of subparagraphs (i) to (iv) and (vii) above, to the extent that the damages occur as a result of the ionizing radiation issued by any source of radiation within a nuclear facility, or issued by nuclear fuel or radioactive materials,

3. Paragraph 1 (1) should be replaced by the following:

(1) "Nuclear incident" means any fact or succession of events that have the same origin and have caused nuclear damage or which, only in respect of preventive measures, have created a serious and imminent threat to cause such damage.

4. After paragraph 1 (1) add four new subparagraphs (m), (n), (o) and (p), which read:

(m) "Rehabilitation measures" shall mean any reasonable measure that has been approved by the competent authorities of the State where the measures have been taken and which aim to rehabilitate or restore damaged or destroyed components of the environment or to introduce, where reasonable, the equivalent of those components. The law of the State in which the damage has been suffered shall determine who is entitled to take such measures.

(n) "Preventive measures" shall mean any reasonable measure taken by any person after a nuclear incident occurred in order to prevent or minimize the damage referred to in subparagraphs (i) to (v) or (vii) of paragraph (k), which shall be subject to the approval of the competent authorities required by the law of the State where the measures have been taken.

(o) "reasonable measures" means measures which, under the law of the competent court, are deemed to be appropriate and proportionate, given the circumstances, such as:

(i) the nature and magnitude of the damage suffered or, in the case of preventive measures, the nature and magnitude of the risk of such damage;

(ii) To what extent, at the time they are adopted, there is the possibility of such measures being effective;

(iii) relevant scientific and technical knowledge.

(p) For "special right of turn", henceforth called DEG, the account unit defined by the International Monetary Fund and used by the International Monetary Fund for its own operations and transactions will be understood.

Paragraph 2 is replaced by the following:

2. The State of the facility may exclude from the scope of this Convention any nuclear installation or small quantity of nuclear materials provided that it is permitted by the reduced importance of the dangers inherent in such a decision and provided that:

(a) With regard to nuclear facilities, the Board of Governors of the International Atomic Energy Agency has determined the criteria for such exclusion and that such exclusion by a State from the facility is consistent with such criteria;

(b) With regard to small quantities of nuclear materials, the maximum limits for the exclusion of such quantities have been determined by the Board of Governors of the International Atomic Energy Agency and that such exclusion by a State from the installation does not exceed those limits.

The criteria for the exclusion of nuclear facilities and the maximum limits for the exclusion of small quantities of nuclear materials will be reviewed periodically by the Board of Governors.

ARTICLE 3

Following article I of the 1963 Vienna Convention, add the following two new articles I A and I B

ARTICLE I A

1. This Convention shall apply to nuclear damage regardless of where they have been suffered.

2. The legislation of the State of the facility may, however, exclude from the application of this Convention the damage suffered:

(a) in the territory of a non-contractor State;

(b) in any maritime zones established by a non-Contracting State in accordance with international law of the sea.

3. An exclusion under paragraph 2 of this article may apply only with respect to a non-contractor State which at the time of the incident:

(a) possesses a nuclear facility in its territory or in any maritime areas it has established in accordance with international law of the sea;

(b) does not grant equivalent reciprocal benefits.

4. Exclusions under paragraph 2 of this article shall not affect the rights referred to in article IX, paragraph 2 (a), and exclusions under paragraph 2 (b), of this article shall not extend to damage on board or to a ship or aircraft.

ARTICLE I B

This Convention shall not apply to nuclear facilities used for non-peaceful purposes.

ARTICLE 4

Article II of the 1963 Vienna Convention is amended as follows:

1. At the end of paragraph 3 (a):

The State of the facility may limit the amount of public funds provided by each incident to the difference, if any, between the amounts stipulated in this article and the amount determined in accordance with article V, paragraph I.

2. At the end of paragraph 4 add the following:

The State of the facility may limit the amount of public funds provided under paragraph 3 (a) of this article.

3. Paragraph 6 is replaced by the following text:

6. No person shall be liable for any loss or damage that is not nuclear damage in accordance with article I, paragraph 1 (k), but which may have been determined as nuclear damage in accordance with the provisions of that paragraph.

ARTICLE 5

Following the first sentence of article III of the 1963 Vienna Convention, insert the following text:

However, the State of the facility may remove this obligation in connection with the transportation that is carried out entirely within its own territory.

ARTICLE 6

Article IV of the 1963 Vienna Convention is amended as follows:

1. Paragraph 3 is replaced by the following:

3. Under the present Convention, no liability shall be given to the operator for any nuclear damage which, he says, is due directly to armed conflict, hostilities, civil war or insurrection.

2. Paragraph 5 is replaced by the following:

5. The operator shall not be liable under this Convention for nuclear damage caused:

(a) To the proper nuclear installation and any other nuclear installation, including a nuclear facility under construction at the location of the facility;

(b) property located at the same location used or to be used in connection with any such facility.

3. Paragraph 6 is replaced by the following:

6. Compensation for damage caused to the means of transport in which the nuclear incident occurred would not have the effect of reducing the operator ' s liability for other damages to less than 150 million GDRs, or any higher amount established by the legislation of a Contracting Party or a specified amount under Article V.1(c).

4. Paragraph 7 is replaced by the following text:

7. None of the provisions of this Convention shall affect the liability of a natural person who, by a malicious act or omission, has caused nuclear damage which, in accordance with paragraphs 3 or 5 of this article, imposes no liability on the operator under this Convention.

ARTICLE 7

1. The text of article V of the 1963 Vienna Convention is replaced by the following:

The State of the facility may limit the operator ' s responsibility for each nuclear incident to:

(a) not less than 300 million GDRs;

(b) not less than 150 million GDRs provided that, above that amount and up to 300 million GDRs, at least, that State provides public funds to compensate for nuclear damages;

(c) for a maximum of 15 years from the date of entry into force of this Protocol, to a transitional amount of no less than 100 million DEG in respect of a nuclear incident that occurred during that period. An amount of less than 100 million GDRs may be stipulated, provided that the State is required to provide public funds to compensate for nuclear damages between that amount and 100 million GDRs.

2. Without prejudice to paragraph 1 of this article, the State of the facility, taking into account the nature of the nuclear installation or of the nuclear substances in question and the possible consequences of an incident originating therein, may stipulate a lesser amount of the liability of the operator, provided that the amount thus stipulated in no case is less than 5 million DEG and provided that the State of the facility ensures the provision of public funds to the amount determined under paragraph 1.

3. The amounts stipulated by the State of the installation of the responsible operator in accordance with paragraphs 1 and 2 of this article and Article IV.6 shall be applied irrespective of where the nuclear incident occurred.

2. Following Article V, add the following new articles V A, V B, V C and V D:

ARTICLE V A

1. Interests and costs granted by a court under a nuclear damage compensation action shall be paid in addition to the amounts referred to in article V.

2. The amounts referred to in Article V and Article IV.6 may be rounded when converted into a national currency.

ARTICLE V B

Each Contracting Party shall ensure that persons victims of damage may invoke their rights of compensation without having to initiate different trials on the basis of the funds provided for such compensation.

ARTICLE V C

1. If the courts of a Contracting Party other than the State of the facility are competent, the public funds required in accordance with article V, paragraph 1 (b) and (c), and article VII, paragraph 1, as well as the interests and costs granted by a court may be provided by the Contracting Party mentioned first. The State of the facility shall reimburse the other Contracting Party for all the amounts that it has paid for that concept. These two Contracting Parties shall agree on the reimbursement procedure.

2. If the courts of a Contracting Party other than the State of the facility are competent, the Contracting Party whose courts are competent shall take all necessary measures to enable the State of the facility to intervene in trials and to participate in any settlement relating to compensation.

ARTICLE V D

1. The Director-General of the International Atomic Energy Agency shall convene a meeting of the Contracting Parties to modify the maximum amount of the responsibility referred to in Article V when one third of the Contracting Parties express such a wish.

2. The amendments shall be adopted by a two-thirds majority of the Contracting Parties present and voting, provided that at least half of the Contracting Parties are present at the time of the voting.

3. In acting on a proposal to modify the maximum amounts, the meeting of the Contracting Parties shall take into account, inter alia, the risk of damage resulting from a nuclear incident, changes in monetary values and the capacity of the insurance market.

4. (a) Any amendment approved in accordance with paragraph 2 of this article shall be notified by the Director General of the OAS to all Contracting Parties for acceptance. The amendment shall be accepted at the end of a period of 18 months after its notification, provided that at least one third of the Contracting Parties at the time the meeting approved the amendment had communicated to the Director General of the OAS their acceptance of the amendment. An amendment accepted in accordance with this paragraph shall enter into force within 12 months of its acceptance for Contracting Parties that have accepted it.

(b) If a period of 18 months had elapsed from the date on which it had been notified for acceptance, an amendment would not have been accepted in accordance with subparagraph (a), it would be considered rejected.

5. For each Contracting Party that accepts an amendment after it has been accepted but has not yet entered into force or after its entry into force in accordance with paragraph 4 of this article, the amendment shall enter into force within 12 months of its acceptance by that Contracting Party.

6. A State that becomes a party to this Convention after an amendment has entered into force in accordance with paragraph 4 of this article and unless that State expresses another purpose:

(a) shall be considered a Party to this Convention as amended;

(b) shall be considered a Party to the Convention not amended in relation to any State Party which is not bound by the amendment.

ARTICLE 8

Article VI of the 1963 Vienna Convention is amended as follows:

Paragraph 1 should be replaced by the following:

1. (a) The right to claim compensation under this Convention shall be extinguished if the corresponding action is not instituted:

(i) With regard to loss of life or bodily injury within thirty years of the date of the nuclear incident;

(ii) with respect to any other damage, within 10 years of the date of the nuclear incident.

(b) However, if, according to the State of the facility, the operator ' s liability would be covered for a longer period of time by insurance or other financial guarantee that includes public funds, the law of the competent court may provide that the right to claim compensation to the operator shall be extinguished only after that longer period, which may not exceed the time limit for the operator ' s liability to be covered by the State of the facility.

(c) Compensation actions in respect of loss of life or bodily injury or, by virtue of an extension of the time period under subparagraph (b) of this paragraph, with respect to others. damages that take place after the expiration of the ten-year period from the date of the nuclear incident shall in no case affect the rights of compensation, as stipulated by this Convention, of persons who have filed an action against the operator prior to the expiration of that period.

2. Delete paragraph 2.

3. Paragraph 3 should read:

3. The right to claim compensation under this Convention shall be subject to a statute of limitations or extinction, in accordance with the law of the competent court, if an action is not initiated within three years from the date on which the person victim of the damage has been aware or should reasonably have been aware of the damage and identity of the operator responsible for the damage, provided that the time limits established pursuant to paragraph 1 (a) and (b) of the present paragraph 1

ARTICLE 9

Article VII is amended as follows:

1. At the end of paragraph 1 add the following two sentences and the amended paragraph becomes subparagraph (a) of that paragraph:

Where the operator ' s liability is unlimited, the State of the facility may provide a maximum amount of the financial guarantee of the responsible operator, provided that the amount is not less than 300 million. The State of the facility shall ensure payment for claims for compensation for nuclear damage that have been filed against the operator to the extent that the proceeds of the financial guarantee are insufficient to meet such claims, but without exceeding the amount of the financial guarantee to be provided in accordance with this paragraph.

2. To paragraph I add the following new subparagraph (b):

(b) Without prejudice to subparagraph (a) of this paragraph where the operator ' s responsibility is unlimited, the State of the facility, in view of the nature of the nuclear installation or of the nuclear substances present and the possible consequences of an incident therein, may provide a lower amount for the financial guarantee of the operator, provided that in no case the amount thus stipulated is less than 5 million GDRs and provided that the State of the facility shall guarantee the payment of the claims of the amount provided for the purchaser

3. In paragraph 3, insert the words "or in paragraphs 1 (b) and (c) of Article V" after the words "of this article".

ARTICLE 10

Article VIII of the 1963 Vienna Convention is amended as follows:

1. The text of article VIII becomes paragraph I of that article.

2. Add a new paragraph 2 below:

2. Without prejudice to the application of article VI, paragraph 1 (c), in cases where the damages to be compensated under this Convention are to be exceeded, or are likely to be exceeded, the maximum amount provided in accordance with article V, paragraph 1, in the distribution of compensation will give priority to claims relating to loss of life or bodily injury.

ARTICLE 11

At the end of article X of the 1963 Vienna Convention, add a new sentence:

The right of repetition stipulated in this article may also be extended for the benefit of the State of the facility to the extent that it has provided public funds in accordance with this Convention.

ARTICLE 12

Article XI of the 1963 Vienna Convention is amended as follows:

Add a new paragraph 1 bis of the following tenor:

1bis. Where a nuclear incident occurs within the area of the exclusive economic zone of a Contracting Party or, if such a zone has not been established, in an area that does not exceed the limits of an exclusive economic zone, if such a Party has established it, the jurisdiction with respect to actions relating to nuclear damage arising from such a nuclear incident, for the purposes of this Convention shall fall only in the courts of that Party. The preceding sentence shall apply if the Contracting Party has notified the depositary of the area prior to the nuclear incident. Nothing in this paragraph shall be construed as allowing the exercise of jurisdiction in a manner that is contrary to international law of the sea, including the United Nations Convention on the Law of the Sea.

2. Replace paragraph 2 with the following text:

2. Where a nuclear incident does not occur within the territory of a Contracting Party, or within an area notified in accordance with paragraph 1 bis, or where the location of the nuclear incident cannot be determined with certainty, the jurisdiction in respect of such actions shall be vested in the State courts of the installation of the responsible operator.

3. In paragraph 3, first line, and in subparagraph (b), after "1" insert "1bis".

4. Add the following new paragraph 4:

4. The Contracting Party whose courts are competent shall ensure that the competence to deal with a particular nuclear incident falls only in one of its courts.

ARTICLE 13

Following Article XI, add an Article XI.

ARTICLE XI A

The Contracting Party whose courts are competent shall ensure that in connection with the actions of compensation for nuclear damage:

(a) Any State may establish an action on behalf of persons who have suffered nuclear damage, who are nationals of that State or have a domicile or residence in its territory, and who have consented to it;

(b) Any person may take action to assert rights arising from this Convention which he or she has acquired by subrogation or transfer.

ARTICLE 14

The text of article XII of the 1963 Vienna Convention is replaced by the following text:

ARTICLE XII

1. The judgement handed down by a court of a Contracting Party to which the jurisdiction is appropriate and for which no ordinary form of review is no longer applicable shall be recognized unless:

(a) The sentence has been obtained through fraud;

(b) The party against whom the judgement is handed down has not been given the opportunity to present its case in equitable conditions;

(c) The judgement is contrary to the public order of the Contracting Party in which its recognition is managed or does not conform to the fundamental rules of justice.

2. Any final judgement which is recognized in accordance with paragraph 1 of this article shall be enforceable, once transferred for execution in accordance with the formalities required by the law of the Contracting Party in which the execution is managed, as if it were a judgement handed down by a court of that Contracting Party. The merits of a lawsuit in respect of which the judgement has been handed down may not be retrial.

ARTICLE 15

Article XIII of the 1963 Vienna Convention is amended as follows:

1. The text of article XIII becomes paragraph 1 of that article.

2. Add the following new paragraph 2:

2. Without prejudice to the provisions of paragraph 1 of this article, to the extent that compensation for nuclear damage exceeds DEG 150 million, the legislation of the State of the facility may exclude from the provisions of this Convention the nuclear damage suffered in the territory or in a maritime zone, established in accordance with the international law of the sea, of another State which at the time of the incident has a nuclear facility in that territory, to the extent that it does not have any corresponding benefits.

ARTICLE 16

Article XVIII of the 1963 Vienna Convention is replaced by the following text:

This Convention shall not affect the rights and obligations of a Contracting Party under general rules of public international law.

ARTICLE 17

Following article XX of the 1963 Vienna Convention, add the following article XX A new:

ARTICLE XX A

1. In the event of a dispute between Contracting Parties with regard to the interpretation or application of this Convention, the parties to the dispute shall be consulted with a view to their settlement through negotiations or any other peaceful means of resolving disputes that they deem acceptable.

2. In the event that a dispute of the nature referred to in paragraph 1 of this article could not be resolved within six months from the request for consultations made pursuant to paragraph 1 of this article, at the request of any of the parties to that dispute shall be submitted to arbitration or referred to by the International Court of Justice for decision Once a dispute has been submitted to arbitration, if within six months of the date of the request by the Secretary-General, a dispute may not be reached. In the event of a conflict between the requests of the parties to the dispute, the request addressed to the Secretary-General of the United Nations shall be a priority.

3. By ratifying, accepting or approving or acceding to this Convention, a State may declare that it is not bound by any or any of the two procedures stipulated for the settlement of disputes in paragraph 2 of this article. The other Contracting Parties shall not be bound by a dispute settlement procedure set out in paragraph 2 of this article with respect to a Contracting Party to which such a declaration is in force.

4. Any Contracting Party which has made a declaration under paragraph 3 of this article may withdraw it at any time by notification to the Depositary.

ARTICLE 18

1. Delete articles XX to XXV, paragraphs 2, 3 and the number of paragraph "1" of article XXVI, and articles XXVII and XXX of the 1963 Vienna Convention.

2. Among the Parties to this Protocol, the 1963 Vienna Convention and this Protocol shall be understood and construed as a single instrument that may be called the 1997 Vienna Convention on Civil Liability for Nuclear Damage.

ARTICLE 19

1. A State party to this Protocol but not to the 1963 Vienna Convention shall be bound by the provisions of that Convention as amended by this Protocol in relation to other States Parties thereto and, if that State has not expressed a different intention at the time of depositing one of the instruments referred to in article 20, it shall be bound by the provisions of the 1963 Vienna Convention with respect to States that are only parties to it.

2. The provisions of this Protocol shall not affect the obligations of a State party to the 1963 Vienna Convention and this Protocol with respect to a State party to the 1963 Vienna Convention but not in this Protocol.

ARTICLE 20

1. The present Protocol shall be opened for signature by all States at the Headquarters of the International Atomic Energy Agency, in Vienna, from 29 September 1997 until its entry into force.

2. This Protocol is subject to ratification, acceptance or approval by States that have signed it.

3. Any State that has not signed this Protocol may accede to it after its entry into force.

4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General of the International Atomic Energy Agency, who shall be the Depositary of this Protocol.

ARTICLE 21

1. This Protocol shall enter into force three months after the date of deposit of the fifth instrument of ratification, acceptance or approval.

2. For each State ratifying, accepting or approving this Protocol or acceding to it after the date of deposit of the fifth instrument of ratification, acceptance or approval, this Protocol shall enter into force three months after the date of deposit by that State of the instrument.

ARTICLE 22

1. Each Contracting Party may denounce this Protocol by written notification to the Depositary.

2. The complaint shall take effect one year after the date on which the Depositary has received the notification.

3. Among the Parties to this Protocol, the denunciation by any of them of the 1963 Vienna Convention under article XXVI shall not in any way be construed as a denunciation of the 1963 Vienna Convention as amended by this Protocol.

4. Without prejudice to the denunciation of this Protocol by a Contracting Party pursuant to this Article, the provisions of this Protocol shall continue to apply to all nuclear damage caused by a nuclear incident occurring before such denunciation has occurred.

ARTICLE 23

The Depositary shall promptly notify States parties and all other States:

(a) Each signature of this Protocol;

(b) Each deposit of an instrument of ratification, acceptance, approval or accession,

(c) The entry into force of this Protocol;

(d) Any notification received in accordance with article XI, paragraph 1 bis;

(e) Requests to convene a review conference that have been received in accordance with article XXVI of the 1963 Vienna Convention and a meeting of the Contracting Parties in accordance with article V D of the 1963 Vienna Convention as amended by the present Protocol;

(f) notifications of complaints received in accordance with article 22 and other relevant notifications relating to this Protocol.

ARTICLE 24

1. The original of this Protocol, whose Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary.

2. The International Atomic Energy Agency shall establish the consolidated text of the 1963 Vienna Convention as amended by this Protocol in the Arabic, Chinese, Spanish, French, English and Russian languages as provided for in the Annex to this Protocol.

3. The Depositary shall transmit to all States certified authentic copies of this Protocol together with the consolidated text of the 1963 Vienna Convention as amended by this Protocol.

IN WITNESS WHEREOF the signatories, duly authorized to do so, have signed this Protocol.

Made in Vienna, on the twelve days of September, nine hundred and ninety-seven.