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Summary Information
Full Title

2004 Protocol to Amend the Brussels Supplementary Convention on Nuclear Third Party Liability

Short Title / Abbreviations

2004 Protocol to Brussels Supplementary Convention

CIL Subject Classification
Citations to Text -
Date of Adoption 12/05/2004
Place of Adoption Paris, France
Secretariat / Relevant Authority

Organization for Economic Cooperation and Development (OECD)

Dispute settlement provisions

“I:

Q. Article 17 shall be replaced by the following text:

  1. In the event of a dispute arising between two or more Contracting Parties concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to settling the dispute by negotiation or other amicable means.
  2. Where a dispute referred to in paragraph (a) is not settled within six months from the date upon which such dispute is acknowledged to exist by any party thereto, the Contracting Parties shall meet in order to assist the parties to the dispute to reach a friendly settlement.
  3. Where no resolution to the dispute has been reached within three months of the meeting referred to in paragraph (b), the dispute shall, upon the request of any party thereto, be submitted to the European Nuclear Energy Tribunal established by the Convention of 20th December 1957 on the Establishment of a Security Control in the Field of Nuclear Energy.
  4. Where a Nuclear incident gives rise to a dispute between two or more Contracting Parties concerning the interpretation or application of the Paris Convention and of this Convention, the procedure for resolving such dispute shall be the procedure provided for under Article 17 of the Paris Convention.”

Depository

Government of Belgium

Entry Into Force Status Not In Force
Date of Entry into Force

01/01/2022

Entry into Force / Termination Provisions

“I:

S. Article 20 shall be replaced by the following text:

1. The Annex to this Convention shall form an integral part thereof.

2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Belgian Government.

3. This Convention shall come into force three months after the deposit of the sixth instrument of ratification, acceptance or approval.

4. For each Signatory ratifying, accepting or approving this Convention after the deposit of the sixth instrument of ratification, acceptance or approval, it shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval.”

“II:

b. This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval of this Protocol shall be deposited with the Belgian Government.

c. The Signatories of this Protocol who have already ratified or acceded to the Convention express their intention to ratify, accept or approve this Protocol as soon as possible. The other Signatories of this Protocol undertake to ratify, accept or approve it at the same time as they ratify the Convention.

d. This Protocol shall be open for accession in accordance with the provisions of Article 22 of the Convention. Accessions to the Convention will be accepted only if they are accompanied by accession to this Protocol.

e. This Protocol shall come into force in accordance with the provisions of Article 21 of the Convention.

f. The Belgian Government shall give notice to all Signatories and acceding Governments of the receipt of any instrument of ratification, acceptance, approval or accession.”

General Status 3 Parties (as of 02/08/2021)
Links to Current Status/Reservations Organisation for Economic Co-operation and Development Nuclear Energy Agency
ECOLEX
Status
ASEAN States
Brunei Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam
Related Instruments
This instrument amends/supersedes

1963 Convention Supplementary to the Paris Convention on Third Party Liability in the Field of Nuclear Energy as amended by the additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982

1964 Additional Protocol to Amend the Brussels Supplementary Convention

1982 Protocol to Amend the Brussels Supplementary Convention

Related Instruments

1960 Convention on Third Party Liability in the Field of Nuclear Energy as amended by the Additional Protocol of 1964 and by the Protocol of 1982

External Links
Additional Information

The text of the 2004 Protocol to Amend the Brussels Supplementary Convention on Nuclear Third Party Liability includes the amendments made by the 1964 and 1982 protocols to the original text of the 1960 Brussels Supplementary Convention.

By common agreement, the Contracting Parties to the Paris and Brussels Supplementary Conventions have decided to organise a ceremony for the deposit of the instruments of ratification in December 2021, with the Protocols to amend the Paris Convention and the Brussels Supplementary Convention entering into effect on 1 January 2022.