Considerations on COM(2006)793 - Authorisation of Slovenia to ratify the Protocol of 12 February 2004 amending the Paris Convention of 29 July 1960 on Third-Party Liability in the Field of Nuclear Energy

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dossier COM(2006)793 - Authorisation of Slovenia to ratify the Protocol of 12 February 2004 amending the Paris Convention of 29 July 1960 on ...
document COM(2006)793 EN
date November  8, 2007
 
table>(1)The Protocol of 12 February 2004 (hereinafter referred to as ‘the Protocol’) amending 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 ‘the Paris Convention’) contains provisions which affect the rules laid down in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1). This is a field in which the Community has exclusive competence.
(2)By Decision 2003/882/EC (2) the Council authorised the Member States which are Contracting Parties to the Paris Convention to sign the Protocol in the interest of the Community.

(3)By Decision 2004/294/EC (3) the Council authorised the same Member States to ratify the Protocol in the interest of the Community or to accede to it. According to Article 2 of that Decision, the Member States were to take the necessary steps to deposit simultaneously their instruments of ratification of the Protocol, or of accession to it, if possible before 31 December 2006.

(4)Decision 2004/294/EC was addressed to those Member States which were part of the Community on 8 March 2004, with the exception of Austria, Denmark, Ireland and Luxembourg, as is clear from the combined application of Article 1(3) and Article 4 of that Decision.

(5)The Republic of Slovenia is a Contracting Party to the Paris Convention and signed the Protocol on its own behalf on 12 February 2004. Since Decision 2004/294/EC was addressed only to certain Member States, the Republic of Slovenia could not upon its accession to the European Union on 1 May 2004 be considered an addressee thereof by virtue of Article 53 of the Act of Accession of 2003.

(6)The United Kingdom and Ireland are bound by Regulation (EC) No 44/2001 and are therefore taking part in the adoption of this Decision.

(7)In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not be bound by it or subject to its application.

(8)The ratification by the Republic of Slovenia of the Protocol is without prejudice to the position of the Member States of the Community which are not Contracting Parties to the Paris Convention,