Nuclear Industry Liability under the Paris Convention
The Paris Convention on Third Party Liability in the Field of Nuclear
Energy and the Brussels Convention supplementary to the Paris Convention
established a special legal regime in relation to the compensation payable
in the event of an accident involving a civil nuclear power installation or
the transportation of nuclear substances to and from that installation.
Unlike general tort law, which is based on fault or negligence, under the
convention, the plant operator or party involved in the transportation is
exclusively liable for damages in the event of an accident and is always
deemed to be liable, regardless of whether fault can be established.
These two conventions were amended by agreement between the contracting powers,
including the United Kingdom, on 17 December 2021. After 1 January 2022,
nuclear plant operators became liable to pay compensation of up to €700
million in the event of an accident.
This level of liability will be increased by €100 million in each of the next five years leading to an
ultimate maximum liability of €1.2 billion towards claims involving
‘personal injury or loss of life, economic loss, the cost of preventive
measures and of measures of reinstatement of impaired environment’.
NFLA 21st Nov 2022
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