Protocol houdende wijziging van het Verdrag van 31 januari 1963 tot aanvulling van het Verdrag van Parijs van 29 juli 1960 inzake wettelijke aansprakelijkheid op het gebied van de kernenergie, zoals gewijzigd bij het Aanvullend Protocol van 28 januari 1964 en bij het Protocol van 16 november 1982

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Denemarken	Ja	Nee
Duitsland	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee

Denemarken

17-12-2021

Until further notice the Protocol shall not apply to Greenland an the Faroe Islands.

Duitsland

17-12-2021

[…] with reference to Section I letter B of the Protocol of Amendment, replacing Article 2 of the Convention of 31 January 1963 Supplementary to the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (hereinafter referred to as "Brussels Supplementary Convention"), the Federal Republic of Germany has made the following declaration: Pursuant to Article 2 (a) (ii) 2 of the Brussels Supplementary Convention as amended by the Protocol of Amendment, the system of the Protocol of Amendment applies to nuclear damage for which the operator of a nuclear installation, used for peaceful purposes, situated in the territory of a Contracting Party to the Protocol of Amendment is liable under the Protocol of 12 February 2004 to amend the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (hereinafter referred to as "Protocol of Amendment to the Paris Convention") and which is suffered in or above maritime areas beyond the territorial sea of a Contracting Party by a national of a Contracting Party, excluding damage suffered in or above the territorial sea of a State not Party to the Protocol of Amendment, provided that the courts of a Contracting Party have jurisdiction pursuant to the Protocol of Amendment to the Paris Convention. For the purposes of the application of Article 2 (a) (ii) 2 of the Brussels Supplementary Convention as amended by the Protocol of Amendment, the Federal Republic of Germany assimilates individuals considered under its law as having their habitual residence in the territory of the Federal Republic of Germany to its own nationals. The Federal Republic of Germany herewith avails itself of the authorisation in Article 2 (b) of the Brussels Supplementary Convention as amended by the Protocol of Amendment, according to which any Signatory may, on the deposit of its instrument of ratification, declare that, for the purposes of the application of Article 2 (a) (ii) 2, individuals or certain categories thereof, considered under its law as having their habitual residence in its territory, are assimilated to its own nationals.

[…] with reference to Section I letter O of the Protocol of Amendment, replacing Article 14 of the Brussels Supplementary Convention, the Federal Republic of Germany has made the following declaration: The Federal Republic of Germany availed itself of the authorisation in the previous Article 2 of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (hereinafter referred to as "Paris Convention") to provide, in its national legislation, that the operator of a nuclear installation is liable without the limitation of territorial scope prescribed by the Paris Convention. The Federal Republic of Germany retains this provision on the basis of Article 2 (b) added by the Protocol of Amendment to the Paris Convention in a modified form. Accordingly, Article 2 of the Protocol of Amendment to the Paris Convention applies with the proviso that in cases referred to in paragraph (a) (iv) of Article 2, the operator of the nuclear installation is also liable if a non-Contracting State has in force nuclear liability legislation that is based on principles not identical to those of the Protocol of Amendment to the Paris Convention. Pursuant to Article 14 (b) of the Brussels Supplementary Convention as amended by the Protocol of Amendment, the extension of territorial scope may not be invoked against any other Contracting Party unless the other Contracting Party has consented thereto, where such extension results in requiring the public funds referred to in Article 3 (b) (ii) and (iii) to be made available.

Nederlanden, het Koninkrijk der

17-12-2021

Furthermore, in accordance with Article 2, paragraph (b), of the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, the government of the Kingdom of the Netherlands declares that, for the purposes of the application of paragraph (a) (ii) 2 of Article 2 of the aforementioned convention, individuals considered under Dutch law as having their habitual residence in the territory of the European part of the Netherlands, are assimilated to Dutch nationals.