Einde inhoudsopgave
Convention on Third Party Liability in the field of Nuclear Energy
Article 2
Geldend
Geldend vanaf 01-01-2022
- Bronpublicatie:
12-02-2004, Trb. 2005, 89 (uitgifte: 18-04-2005, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2022
- Bronpublicatie inwerkingtreding:
03-02-2022, Trb. 2022, 11 (uitgifte: 03-02-2022, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Straling
Milieurecht / Energie
Energierecht (V)
a)
This Convention shall apply to nuclear damage suffered in the territory of, or in any maritime zones established in accordance with international law of, or, except in the territory of a non-Contracting State not mentioned under (ii) to (iv) of this paragraph, on board a ship or aircraft registered by,
- (i)
a Contracting Party;
- (ii)
a non-Contracting State which, at the time of the nuclear incident, is a Contracting Party to the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 and any amendment thereto which is in force for that Party, and to the Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention of 21 September 1988, provided however, that the Contracting Party to the Paris Convention in whose territory the installation of the operator liable is situated is a Contracting Party to that Joint Protocol;
- (iii)
a non-Contracting State which, at the time of the nuclear incident, has no nuclear installation in its territory or in any maritime zones established by it in accordance with international law; or
- (iv)
any other non-Contracting State which, at the time of the nuclear incident, has in force nuclear liability legislation which affords equivalent reciprocal benefits, and which is based on principles identical to those of this Convention, including, inter alia, liability without fault of the operator liable, exclusive liability of the operator or a provision to the same effect, exclusive jurisdiction of the competent court, equal treatment of all victims of a nuclear incident, recognition and enforcement of judgements, free transfer of compensation, interests and costs.
b)
Nothing in this Article shall prevent a Contracting Party in whose territory the nuclear installation of the operator liable is situated from providing for a broader scope of application of this Convention under its legislation;