Of The Vienna Convention On Civil Liability For Nuclear Damage And

Original Language Title: o Vídeňské úmluvě o občanskoprávní odpovědnosti za jaderné škody a

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42029&nr=133~2F1994~20Sb.&ft=txt

133/1994 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that on 21 February 2006. May 1963 was in

Vienna adopted the Vienna Convention on civil liability for nuclear

damages and 21 June. September 1988 Joint Protocol relating to the application

The Vienna Convention and the Paris Convention.



With the Convention and the Joint Protocol, Parliament gave its assent to the Czech

the Republic and the President of the Republic is ratified. The instrument of accession

The United States to the Vienna Convention on civil liability for

nuclear damage of 21 May. May 1963 and to the Joint Protocol

concerning the application of the Vienna Convention and the Paris Convention of 21 September 2005.

September 1988 were deposited with the Secretary-General of the International Agency for

Atomic Energy Agency (IAEA), the depositary of the Convention, on July 24. March 1994.



Convention entered into force, pursuant to article XXIII on 12 March 2005.

November 1977. For the Czech Republic entered into force in accordance with the

its Article XXIV, paragraph 2. 3 of 24 March 2003. June 1994.



A common protocol entered into force, pursuant to article VII of this annex.

1 day 27. April 1992, and for the Czech Republic on 24 February 2001. June 1994.



Czech translation of the Convention and the Joint Protocol shall be designated at the same time.



VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE



The Contracting Parties,



uznavší desirable to create certain minimum standards for the provision of

financial protection against damage arising from a peaceful use of

nuclear energy,



believing that the Convention on civil liability for nuclear damage should

also contributed to the development of friendly relations between Nations, regardless of the

their differing constitutional and social systems,



have decided to conclude a Convention for this purpose, and this is agreed as follows:



Article. (I)



1. for the purposes of this Convention



and) "person" means any individual, community, any

a private or public institution, corporate or otherwise, to any

international organization enjoying the status of a legal person under the law of

the State of the device, and any State, or any of it forming

part of it;



b) "national of a Contracting Party" covers the Contracting Party or

any of it forming part of, the community or any

a private or public institution of a corporate nature or not,

established in the territory of the Contracting Parties;



(c) as the "operator") in relation to the nuclear device means person designated

or recognized by the State of the device for the operator of the facility;



(d)) "State facility" in relation to nuclear device means the Contracting

the party in whose territory it is situated, or, if it is not placed on the

territory of any State party, which is a nuclear device

operated or under whose administration is a nuclear device operated;



(e)) "the law of the competent court" means the Court of law having jurisdiction according to the

This Convention, including any rules of such law relating to

conflict of law rules;



f) "nuclear fuel" means any material, which is able to

produce energy independent chain process of nuclear fission;



g) "radioactive products or waste" means any radioactive

material that has been produced and which has become a radioactive based on

radiation exposure statement accompanying the production or use of nuclear fuel,

but does not include radioisotopes which have reached the final stage of production

so as to be usable for any scientific, medical, agricultural,

commercial or industrial purposes;



h) "nuclear material" means



(i) nuclear fuel, other than natural uranium and depleted uranium, capable of

produce energy independent chain process of nuclear fission outside

a nuclear reactor, either alone or in combination with one another

material; and



(ii) radioactive products or waste;



I) "nuclear reactor" means any structure containing nuclear

fuel in this arrangement, that may occur to an independent

a chain reaction of nuclear fission process without additional neutron source;



j) "nuclear installation" means



(i) any nuclear reactor, other than the reactor, which is equipped with a

means of sea or air transport, and which is used as a source of

energy, either to his drive, or for any other purpose;



(ii) any factory using nuclear fuel for the production of nuclear

material or any nuclear material processing factory

including any factory for the reprocessing of irradiated nuclear fuel; and



(iii) any facility where nuclear fuel is stored, other than

storage related to the transport of such material;



provided, that the State of the device can provide that several nuclear

one operator which are located on the device the same piece of land will be

considered as a single nuclear installation;



k) ' nuclear damage ' means



(i) loss of life, any personal injury or any loss or

damage to property, or is a result of radioactive

properties, or a combination of radioactive properties with toxic,

explosive or other hazardous properties of nuclear fuel or

radioactive products or waste in, or of nuclear material nuclear

material rising or originating from nuclear facilities or

consigned to him;



(ii) any other loss or damage arising from or

arising, unless the law of the competent court, and to the extent

its appointed;



(iii) if the law of the State of the device, the loss of life,

any personal injury or any loss of or damage to property,

that arises or results from other ionizing radiation emitted by the

any other source of radiation inside a nuclear installation;



l) "nuclear event" means a case or series of cases having the same

origin which causes nuclear damage.



2. the State of the device may, if justified by the small range of included

risks, eliminate any small amounts of nuclear material from the application

This Convention, if



and the maximum threshold for exclusion) of such quantities have been established

The Council of Governors of the International Atomic Energy Agency; and



(b) any exclusion of State device) is within the prescribed

borders.



The Governing Council will periodically examine the maximum limit.



Article II



1. the operator of a nuclear installation is liable for nuclear damage, if

It proves that such damage was caused by a nuclear incident



and in its nuclear facilities), or



(b)) involving nuclear material based on or derived from its

nuclear installation and which occurs



(i) before a responsibility in relation to nuclear events involving

the nuclear material was recognised based on the explicit terms of the written

of the Treaty by the operator of another nuclear installation;



(ii) where no such express conditions have not been adopted before

the operator of another nuclear installation took over the nuclear material;



(iii) where the nuclear material is intended for use in a nuclear reactor,

which is equipped with a means of transport in order to use as a source of

energy for propulsion or for any other purpose, before a person duly

authorised to operate such a reactor, nuclear material;

However,



(iv) where there has been nuclear material sent to the person in the territory of a State which

is not a party, before it is unloaded from the means of transport,

which has entered the territory of that State which is not a Contracting Party;



(c)), including the nuclear material sent to its nuclear facilities, and to

which occurs



(i) after a responsibility in relation to nuclear events involving

the nuclear material was recognised based on the explicit terms of the written

the contract, by the operator of another nuclear installation;



(ii) where no such express conditions were not accepted, after he took over the

nuclear material; or



(iii) after it took over the nuclear material from persons carrying nuclear

the reactor, which is equipped with a means of transportation for use as

the source of energy for its propulsion or for any other purpose; However,



(iv) where there has been nuclear material with the written consent of the operator

posted by a person from the territory of a State which is not a Contracting Party, only after

He was loaded on a means of transport, which is to be transported from the territory of

of that State;



provided that, if nuclear damage caused by a nuclear incident,

which occurs in a nuclear device and includes the nuclear material here

stored in connection with the carriage of such material, the provisions of

subparagraph (a)) of this paragraph shall not apply where it is exclusively

responsibility of another operator or another person on the basis of the provisions of the

subparagraph (b)), or (c) of this paragraph).



2. the State of the device can law provide that in accordance with the

conditions that may be specified in them, the carrier carrying

nuclear material or the person handling radioactive waste can

be, at his request and with the consent of a competent operator, determined or

recognised as the operator instead of the operator of such a nuclear

material or radioactive waste. In this case, such

the carrier or a person treated as such, for all the purposes of this Convention,

for the operator of a nuclear installation located in the territory of that State.



3.




and) where the damage refers to the responsibility of more than one operator, the

operators concerned, unless the damage attributable to each

the operator reasonably severable, to respond jointly and severally.



(b)) Where a nuclear incident occurs during the transport of nuclear material

either one and the same means of transport, or, in the case of storage in

connection with the carriage, in one and the same nuclear installation, and causes

nuclear damage, which concerns the liability of more than one

the operator's aggregate liability shall not exceed the maximum, the amount you

can be used on any of them, according to an article in the.



(c)) in any of the cases referred to in subparagraphs a) and b) of this paragraph

any liability of the operator shall not exceed the amount that can be

it applied pursuant to article V.



4. With the exception of the provisions of paragraph 3 of this article, where the nuclear

event refers to several nuclear installations of one and the same operator

such an operator will match about any such nuclear

the device up to the amount that can be applied to it in accordance with article V.



5. unless otherwise provided for in this Convention, for nuclear damage

No person other than the operator. However, this will not affect

on the application of any International Convention in the field of transport valid or

opened for signature, ratification or accession at the date on which this Convention

It will be open for signature.



6. No person shall be liable for any loss or damage

There is no nuclear damage referred to in subparagraph to paragraph 1 of article I), if the

as such, could not be included under subparagraph k) (ii) of this

paragraph.



7. If the law of the competent court, can be against the person

providing a financial guarantee in accordance with article VII to object to direct action.



Article. (III)



The operator liable under this Convention will equip the carrier confirmation of the

issued by or on behalf of the insurer or other financial

guarantor of the financial guarantee required under article VII. In

confirmation will indicate the name and address of the operator. The amount,

the nature and duration of the guarantee and these data shall not be brought into question by the person who

This confirmation has released or in whose name this certificate has been issued.

The confirmation shall also indicate the nuclear material covered by the guarantee, and

will include a declaration by the competent public authority of the State of the device

the fact that the designated person is the operator within the meaning of this Convention.



Article IV



1. the liability of the operator for nuclear damage under this Convention shall be

absolute.



2. If the operator proves that the nuclear damage resulted wholly or

partly as a result of either gross negligence of the person suffering the damage or

from the acts or omissions of such persons, being made with the intent to cause

damage, the competent court, if its right, get rid of

the operator wholly or partly his obligation to pay compensation for the

the damage suffered by such person.



3.



and at the operator's) will not be subject to any liability under this

the Convention for nuclear damage caused by a nuclear incident directly due to a

armed conflict, hostilities, civil war or insurrection.



(b)), except to the extent that the law of the State of the device may provide to the contrary,

the operator will not be liable for nuclear damage caused by a nuclear

events directly due to a grave natural disaster of an exceptional

character.



4. Any nuclear damage and damage other than nuclear caused by

a nuclear incident or jointly by a nuclear incident and one or more

other phenomena, such other damage, to the extent that they cannot be

reasonably separable from the nuclear damage, for the purposes of this Convention, be considered to

such nuclear damage caused by a nuclear incident. However, where the

the damage is caused jointly by a nuclear incident covered by this Convention, and

the emission of ionizing radiation by the Convention, nothing in this Convention shall not restrict

or otherwise does not affect the responsibility, whether in relation to any person,

nuclear damage suffered by, or in relation to the method of penalty or

the contribution of any person who may be considered responsible in

connection with that emission of ionizing radiation.



5. the operator will not be liable under this Convention for nuclear damage:



and the nuclear device itself), on any property on the land

This device, which is used or to be used in conjunction with

This device; or



(b)) on a means of transport on which the nuclear material in question at the time of

the nuclear incident.



6. Any State legislation, the device may provide that

subparagraph (b)) of paragraph 5 shall not apply, provided that the

any case, the liability of the operator for nuclear damage other than

nuclear damage on a vehicle will not be reduced to less than 5

million USD for each nuclear event.



7. Nothing in this Convention shall not affect the



and any individual responsibility) for nuclear damage for which

the operator under paragraph 3 or 5 of this article of the Convention

does not match and that this individual has caused acts or omissions

made with the intent to cause damage; or



(b)) the liability outside this Convention for nuclear operator

damage for which does not match the referred to in subparagraph (b)), paragraph 5 of this

Article of this Convention.



Article. In



1. the liability of the operator may be limited to the amount the device state

no less than 5 million. USD per nuclear event.



2. any limitations of liability that can be established on the basis of the

This article will not include interest or costs awarded by the Court in

the claims for compensation for nuclear damage.



3. U.s. dollar referenced in this Convention is the unit that

equals the value of the U.S. dollar in gold on 29. April 1963, i.e.. 35

USD per one Troy ounce of pure gold.



4. the amount referred to in paragraph 6 of article IV and in paragraph 1 of this article

It can be converted into national currency in round amounts.



Čl.VI



1. The right to compensation under this Convention shall be extinguished if not

action is brought within ten years from the date of the nuclear incident. However, if the

liability of the operator under the law of the State of the device covered by insurance

or other financial guarantee or State funds for a period longer than ten

years, the law of the competent court may provide that the right to compensation

against the operator ceases to exist after the period which may be longer than ten

years, but not longer than the period for which his liability is as follows

covered by the law of the State of the device. Such extension of time for the demise of

the law shall in no case affect the right to compensation under this

of the Convention, the person who applied for the operator before the end of the above

the ten years of action for loss of life or bodily harm

health.



2. Where nuclear damage caused by a nuclear incident involving nuclear

the material, which was at the time of the nuclear incident has been stolen, lost, thrown into

sea or abandoned, the time limit provided for in paragraph 1 of this article shall be

calculated from the date of the nuclear incident, however, this period does not exceed the

no way a period of 20 years from the date of the theft, loss, dropping into the sea

or abandonment.



3. the law of the competent court may set a period for the extinction or limitation

of at least three years from the date on which the person suffering nuclear

damage, or should she find out about the damage and of the operator

responsible for the damage, provided that the time limit laid down in paragraphs

1 and 2 of this article shall not be exceeded.



4. If the law of the competent court does not provide otherwise, any person may,

which States that suffered nuclear damage, and that brought an action on

compensation within the time limit applicable under that article, his claim

supplement so as to take account of any increase in the damage, even after

expiry of this period, provided it was not handed down final

decision.



5. Where it is necessary to lay down the competence referred to in subparagraph (b)) paragraph 3

Article XI and the request was within the time limit applicable under that article, given

for any of the Contracting Parties designated to such a decision,

but the time remaining after such a decision is less than six months,

the period during which action may be brought, do six months and will be

count from the date of such decision.



Article. (VII)



1. The operator will be required to have insurance or other

financial security covering his liability for nuclear damage in such a

the amount of such type and in such terms as determined by the State

device. State of establishment shall ensure the satisfaction of the claims of nuclear

damages were awarded against the operator by providing the necessary

funds to the extent in which the yield of insurance or other financial

the warranty is not adequate to satisfy such claims, however, that

does not exceed the limit laid down in accordance with article V, if such a limit

There are.



2. nothing in paragraph 1 of this article does not require from the parties, or from the

It forming a part of, such as States or States that the insurance

or other financial guarantee to cover their liability as

operators.



3. the funds provided by insurance or other financial guarantee or State

devices on the basis of paragraph 1 of this article shall be available exclusively for the


compensation due under this Convention.



4. No insurer or other financial guarantor shall suspend or

does not cancel the insurance or other financial guarantee granted on the basis of

paragraph 1 of this article, without this in writing to the competent

authority for at least two months in advance, or if such

insurance or other financial security relates to the carriage of nuclear material, in

During this transit.



Article. (VIII)



With the exception of the provisions of this Convention, the nature, form and extent of

damages, as well as its equitable distribution law

the competent court.



Article. (IX)



1. Where the rules of compensation of national or public

health insurance, social insurance, social security,

insurance or insurance against occupational diseases include

compensation for nuclear damage, the recipients of the benefits of these rights will be

systems for damages under the Convention and the rights of recourse

against the responsible operator resulting from these systems to drive, with

exception of the provisions of this Convention, the law of the Contracting Party in which such

systems have been set up, or the regulations of an intergovernmental organization that

such systems has created.



2.



a) If a person who is a citizen of a party other than the

the operator, paid compensation for nuclear damage under the international

Convention or under the law of a State which is not a Contracting Party, shall pass to the

such a person, up to the amount paid, the rights thus indemnified

persons under this Convention. No person, however, does not obtain any rights in

the extent to which the operator has the right of recourse against it on the basis of

of this Convention.



(b)) Nothing in this Convention shall not prevent the operators, who have paid

compensation for nuclear damage from other funds than those laid down in the

on the basis of paragraph 1 of article VII, to recover from the person

providing a financial guarantee in accordance with this article or from the State of the device,

up to the amount paid, the amount, which would be as follows odškodněná person

was received in accordance with this Convention.



Article. X



The operator shall have the right of recourse only



and) If this is made for a written contract; or



(b)) if the nuclear event the result of acts or omissions taken with

intent to cause harm to individuals, who acted or neglect

to deal with such intention.



Article. XI



1. If this article is not otherwise specified, jurisdiction to hear

action under article II will have only the courts of the Contracting Party on whose

territory the nuclear incident occurred.



2. Where a nuclear incident occurred outside the territory of any of the Contracting

the parties, or where the place of the nuclear incident cannot be determined with certainty,

jurisdiction to hear actions will have the courts of the State of the device that

the operator is responsible.



3. Where in accordance with paragraphs 1 and 2 of this article was based

jurisdiction of the courts of more than one Contracting State, it is given the power to



and if a nuclear incident) occurred partly outside the territory of any of the

Contracting Party and partly in the territory of one Contracting Party, the courts of the

the Contracting Parties; and



(b) in any other case), the courts of the Contracting Party that is specified

by agreement between the Contracting Parties, the courts would be competent under

paragraphs 1 and 2 of this article.



Article. (XII)



1. a final decision rendered by a court having jurisdiction in accordance with article XI of the

will be recognized in the territory of any other Contracting Party, with the exception of

cases,



and when the decision was) induced by deceit;



(b)) when the party against whom the judgment was rendered, it was not given by the

a fair opportunity to present his case; or



(c)) when the decision is contrary to the public policy of the Contracting Party in

the territory of which recognition is sought, or is not in compliance with the essential

standards of Justice.



2. a final decision, which is recognized, it will be after the presentation of the performance in the

accordance with the formalities required by the law of the Contracting Party where

enforcement is sought, be enforceable as if it were a decision of a Court of that Contracting

party.



3. the basis of the claim on which the judgment was given, will not be subject to

further proceedings.



Article. XIII



This Convention and the national law applicable to it shall be

apply without discrimination on grounds of nationality, domicile or

the stay.



Article. XIV



In actions brought under this Convention will not be applied in the courts of the relevant

in accordance with article XI, with the exception of measures of enforcement, judicial immunity

According to the rules of national and international law.



Article. XV



The Contracting Parties shall take appropriate measures to ensure that compensation for

nuclear damage, interest and costs awarded by the Court in this regard,

fees for insurance and taxes on hedge funds and insurance

provided by insurance, insurance, insurance or other financial

guarantee, or the funds provided by the State establishment on the basis of this Convention

were freely transferable to the currency of the Contracting Party in whose territory the

a loss, and the currency of the Contracting Party in whose territory he is the one who

claim, their habitual residence, and as regards charges for insurance

and fees on reinsurance and insurance payments, to the currency specified in the

the insurance contract or in the contract of reinsurance insurance.



Article. XVI



No person shall be entitled to receipt of compensation under this Convention

to the extent that they adopt the same compensation for nuclear damage to

the basis of the other international conventions on civil liability in the field of

nuclear energy.



Article. XVII



This Convention will not have, if her party refers to, the impact on the use of

any international agreements or international conventions on civil

responsibilities in the field of nuclear energy or force open to the

signature, ratification or accession at the date on which this Convention is opened for

the signature.



Article. XVIII



This Convention shall not be construed so as to influence the law of a Contracting Party

in relation to nuclear damage according to the General rules of international

public law, if any.



Article. XIX



1. each Contracting Party which enters into an agreement referred to in subparagraph (b))

paragraph 3 of article XI, it shall send forthwith to the Director General of the international

Atomic Energy Agency for information and distribution of other

a copy of this agreement to the Contracting Parties.



2. the Contracting Parties shall send to the Director for information and

the distribution of other Contracting Parties copies of its relevant laws and

provisions concerning the matters governed by this Convention.



Article. XX



Notwithstanding the termination of the application of this Convention any Contracting

party, either by terminating the validity under article XXV, or the termination of the

under Article XXVI, the provisions of this Convention will continue to apply to

any nuclear damage caused by a nuclear incident occurring

prior to such termination.



Article. XXI



This Convention shall be open for signature by the States represented at the International

Conference on civil liability for nuclear damage, held in

Vienna in the days of 29. April-19. May 1963.



Article. XXII



This Convention shall be ratified and the instruments of ratification shall be deposited with

the Director-General of the International Atomic Energy Agency.



Article. XXIII



This Convention shall enter into force three months after deposit of the fifth instrument of ratification

of the Charter and for each State ratifikující the Convention after this date, three months

the instrument of ratification by that State.



Article. XXIV



1. all Member States of the United Nations or any of the

specialized agencies or the International Atomic Agency

energy, which were not represented at the International Conference on

the civil liability for nuclear damage, held in Vienna in the days

April 29-19. in May 1963, may accede to this Convention.



2. Instruments of accession shall be deposited with the Director-General of the international

International Atomic Energy Agency.



3. this Convention shall enter into force in relation to an acceding State three

months after the date of deposit of the instrument of accession of that State, but not

before the date of entry into force of this Convention on the basis of article XXIII.



Article. XXV



1. this Convention shall remain in force for a period of ten years from the date of its

entry into force. Before the expiry of this period, any Contracting

party to notify the Director-General of the International Atomic Agency

energy, at least 12 months in advance, that the application of this Convention to

the end of the period of ten years.



2. this Convention shall remain after this 10-year period in force for

the next five years for those Contracting Parties that were not completed at the

the application referred to in paragraph 1 of this article, and then for a further period

five years for those Contracting Parties that were not completed at its application to

the end of one of these periods of notice given at least 12 months in advance

the Director General of the International Atomic Energy Agency.



Article. XXVI



1. If one third of the parties expressed such wishes, shall convene the

the Director-General of the International Atomic Energy Agency at any time after

a period of five years from the entry into force of this Convention for the purpose of Conference

the appraisal of its revision.



2. either Contracting Party may denounce this Convention by means of

notification to the Director General of the International Atomic Energy Agency

in a period of 12 months after the first reviewer Conference referred to in paragraph

1 of this article.




3. the denunciation shall take effect upon expiry of one year from the date when the

the Director-General of the International Atomic Energy Agency receives

such a notification.



Article. XXVII



The Director-General of the International Atomic Energy Agency shall notify the

the States invited to the International Conference on civil liability

for nuclear damage held in Vienna in the days of 29. April-19. May 1963 and

States that have acceded to this Convention,



and) signatures and instruments of ratification and instruments of accession, which has received

in accordance with articles XXI, XXII and XXIV;



(b)) of the date on which the Convention enters into force in accordance with article XXIII;



(c) the notice of termination), and denunciation received

under article XXV and XXVI;



(d)) request for a reviewer Conference pursuant to Article XXVI.



Article. XXVIII



The Director-General of the International Atomic Energy Agency

Register this Convention in accordance with article 102 of the Charter of the United

Nations.



Article. XXIX



The original of this Convention, of which the English, French, Russian and Spanish

texts being equally authentic, shall be deposited with the Director

The International Atomic Energy Agency, which issues a certified copy.



In witness whereof, the undersigned, being duly authorised thereto, this

the Convention was signed.



Given in Vienna, this twenty-first day of may one thousand nine hundred and sixty-three.



XIII.



THE JOINT PROTOCOL RELATING TO THE APPLICATION OF THE VIENNA CONVENTION AND THE PARIS

The CONVENTION of the Conference about the relationship between the Paris and the Vienna Convention, held in

the headquarters of the International Atomic Energy Agency, Vienna, 21. September 1988



The Contracting Parties



-having regard to the Vienna Convention on civil liability for

nuclear damage of 21. in May 1963,



-having regard to the Paris Convention on civil liability in the field of

of nuclear energy of 29. July 1960, supplemented by the additional protocol of the

28 January 1964 and by the Protocol of 16. November 1982,



-Bearing in mind that the Vienna and Paris Convention are in terms of content

similar and that no State is not currently a party to both conventions,



-convinced that the connection subscriber one or another of the Convention to other

the Convention would lead to the problems arising from the simultaneous application of both conventions

nuclear event, and



-in an attempt to create a link between the Vienna and Paris Convention

by mutually extend the benefits of a special scheme for civil

liability for nuclear damage, as enshrined in the two conventions, and deletes

the conflicts arising from the current application of the two conventions on one

nuclear event,



have agreed upon the following:



Article I



In this Protocol:



(a) "Vienna Convention" means the Vienna Convention on civil

liability for nuclear damage of 21. May 1963 and any amendment to the

it, which is true for a Contracting Party to this Protocol,



(b) "Paris Convention" means the Paris Convention on civil

responsibilities in the field of nuclear energy of 29. July 1960 and any

Appendix to it, which is true for a Contracting Party to this Protocol.



Article II



For the purposes of this Protocol:



(a) the operator of a nuclear installation located in the territory of a participant

The Vienna Convention will be responsible in accordance with this Convention, for nuclear

the damage caused in the territory of a participant to the Paris Convention, so this

the Protocol,



(b) the operator of a nuclear installation located in the territory of a participant

The Paris Convention will be responsible in accordance with this Convention, for nuclear

the damage caused in the territory of a participant to the Vienna Convention, so this

Protocol.



Article III



1. Nuclear event will be applied to either the Vienna Convention, or

The Paris Convention, to the exclusion of the scope of the other.



2. in the case of a nuclear incident, which occurred in the nuclear device

applies the Convention, of which the participant is the State on whose territory the

equipment is located.



3. in the case of a nuclear incident outside a nuclear device, and includes

nuclear material during transport shall apply the Convention in which the participant

is a State in whose territory the nuclear installation is located, the

the operator is responsible according to either article II 1 (b) and (c) of the Vienna

the Convention, or under article 4 (a) and (b) of the Paris Convention.



Article IV



1. Articles I-XV, of the Vienna Convention, shall apply in relation to the Contracting

the parties to this Protocol that are parties to the Paris Convention, in the same

in a way, as between the parties to the Vienna Convention.



2. articles 1 to 14 of the Paris Convention shall apply in relation to the Contracting

the parties to this Protocol that are parties to the Vienna Convention, in the same

in a way, as between the parties to the Paris Convention.



An Article In The



This Protocol shall be open for signature at the headquarters of the international agency

Atomic Energy for all States which have signed, ratified

or acceded either to Viennese, or to the Paris Convention.



Article VI



1. this Protocol is subject to ratification, acceptance, approval or

of accession. The instrument of ratification, acceptance or approval shall be accepted

only from the States that are parties to either the Vienna Convention or the Paris

of the Convention. Any of these States, which has not signed this Protocol,

can accede.



2. the instruments of ratification, acceptance, approval or accession shall be deposited

the Director General of the International Atomic Energy Agency, which

It is hereby designated as the depositary of this Protocol.



Article VII



1. this Protocol shall enter into force three months after the date of deposit of instruments of

ratification, acceptance, approval or accession by at least five States,

that are parties to the Vienna Convention, and the five States which are

the participants of the Paris Convention. For each State which ratifies, accepts,

approves or accedes to this Protocol after the deposit of the above mentioned

instruments, this Protocol shall enter into force three months after the date of deposit

instruments of ratification, acceptance, approval or accession.



2. this Protocol shall remain in force so long as they are in

the validity of both the Vienna and the Paris Convention.



Article VIII



1. Any Contracting Party may denounce this Protocol by written

notification to the depositary.



2. Denunciation shall take effect one year after the date on which the depositary receives the

such a notification.



Article IX



1. Any Contracting Party which has ceased to be a participant in either

The Vienna Convention or the Paris Convention shall notify the depositary of the completion of the

expiry of the Convention in relation to it, and the date when such end of the

becomes effective.



2. this Protocol shall cease to be applicable to a Contracting Party which

has completed the application either of the Vienna Convention or the Paris Convention, on the date

When the termination becomes effective.



Article X



The depositary shall immediately inform the Contracting Parties and the States invited to the

a Conference on the relationship between the Vienna Convention and the Paris Convention and

the Director-General at the Organisation for economic cooperation and

the development of:



(a) any signature of this Protocol,



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

accession, relevant to this Protocol,



(c) the entry into force of this Protocol,



(d) any denunciation of,



(e) any information received pursuant to article IX.



Article XI



The original of this Protocol, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall be deposited

with the depositary, which shall transmit certified copies to the parties and the States of

invited to a Conference on the relationship between the Paris and the Vienna Convention

the Convention and also Director-General of the Organisation for economic

cooperation and development.



In witness whereof, the undersigned, an appropriately empowered by their respective

Governments for that purpose, have signed this Protocol.



Given in Vienna on the twenty-first of September, one thousand nine hundred and eighty-eight.