Brussels Supplementary Convention

The Convention Supplementary to the Paris Convention of 29 July 1960 ("Brussels Supplementary Convention") was adopted in 1963 to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The Brussels Supplementary Convention stipulates that public funds are to be provided for this purpose, not only by the state where the liable operator's nuclear installation is located, but also by contributions from all parties to the Brussels Supplementary Convention. The Convention is thus based on a strong bond of financial solidarity between its parties.

The Brussels Supplementary Convention is subject to the provisions contained in the Paris Convention including those which define the concepts of "nuclear incident", "nuclear installation", "nuclear substances" and "nuclear damage". Its geographical scope of application is limited to damage suffered on the territory of a contracting party or on or over the high seas, caused by nuclear incidents other than those occurring entirely in the territory of a non-contracting state.

The combined Paris/Brussels regime provides for compensation to a maximum amount of SDR 300 million*, in three tiers:

• a first tier corresponding to the liability amount imposed under the Paris Convention, meaning that each Party to the Brussels Supplementary Convention is required to establish by legislation an operator liability amount of at least SDR 5 million, to be provided by insurance or other financial security.
• a second tier consisting of the difference between SDR 175 million and the amount required under the first tier, which is to be provided from public funds to be made available by the party in whose territory the nuclear installation of the liable operator is situated;
• a third tier comprising SDR 125 million to be made available from public funds contributed jointly by all the parties to the Brussels Supplementary Convention according to a pre-determined formula. 

No state may become or remain a contracting party to the Brussels Supplementary Convention unless it is already a contracting party to the Paris Convention. The Brussels Supplementary Convention will only remain in place for as long as the Paris Convention also remains in force.

The Belgian Government is depositary for the Brussels Supplementary Convention, which has been amended by protocols adopted in 1964, 1982 and 2004.

*The unit of account used in the Brussels Supplementary Convention is the Special Drawing Right, a unit of account defined by the International Monetary Fund (IMF) based upon a basket of key international currencies. The currency value of the SDR is calculated daily and the valuation basket is reviewed and adjusted every five years.

Related links

Full text of the Brussels Supplementary Convention

Latest status of the Brussels Supplementary Convention

Recommendation of the Council on the application of the Brussels Supplementary Convention, in the field of Nuclear Liability, 26 November 1992 - C(92)166/FINAL

Recommendation of the Council with Respect to the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28th January 1964 and the Brussels Convention of 31st January 1963 Supplementary to the Paris Convention as Amended by the Additional Protocol of 28th January 1964 - C(82)182

European Nuclear Energy Tribunal

E-mail contacts: Julia Schwartz (julia.schwartz@oecd.org) and Sam Emmerechts (sam.emmerechts@oecd.org)

Last updated: 21 August 2008

• Resources





• Full text of the Convention


• Latest status
  
  

  2004 Amending Protocol
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