• Nuclear operators’ Third Party  Liability in France
• Purpose  of the Paris Convention and Brussels Convention Supplementary to the Paris Convention
• Features of the Nuclear operators’ Third Party  Liability

The regulatory texts about the Nuclear operators’ Third Party Liability in France can be found in chapter 4 (Legislation).

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Nuclear operators’ Third Party Liability in France

The Chernobyl incident has shown that “the effects and repercussions of a nuclear incident will not stop at political or geographical frontiers”, therefore it is “highly desirable that persons on one side of the frontier should be no less protected than persons on the other side” (cf. exposé des motifs of Paris Convention § 3.)

Even if the probability of a nuclear incident - is remote because of the high security level applicable in the nuclear industry, the specificity and the potential extent of damage resulting from a nuclear incident have convinced a certain number of Western European Countries to work out International Conventions for Nuclear Third Party Liability to which France is a party.

The founding texts are the nuclear liability Convention (Convention de Paris) of 29 July 1960 and the supplementary Convention to the Paris Convention for nuclear energy of 31 January 1963 (Brussels Convention supplementary to the Paris Convention).

These Conventions have established a specific liability regime applicable to nuclear operators. In addition, transportation of nuclear substances generated by nuclear activities is also covered by the same regime of liability.


The main purposes of the promoters of the Paris Convention and the Brussels Supplementary Convention to the Paris Convention were:

• To encourage the elaboration and harmonisation of legislation relating to nuclear energy in participating countries in particular with regard to third party liability and insurance against atomic risks.

• To ensure that the development of the production and uses of nuclear energy for peaceful purposes is not thereby hindered.

• To ensure the adequate compensation of damage caused to persons and to property by a nuclear incident.

• To allow an international cooperation between national insurance pools for the coverage of nuclear operators liability.

Features of nuclear operators’ liability

• Strict liability: meaning irrespective of any fault of the operator in order to avoid for victims to establish evidences of fault.

• Exclusive liability of the operator: the liability is channelled on to the operator of the nuclear installation where the incident occurred. As concerned transport, the operator is liable according to the Paris Convention for transportation of nuclear substances for damage occurred during transportation.

• Practically speaking, the operator solely can be sued by the victim. However, the operator’s right of recourse is maintained but in few cases.

• The purpose of the channelling is to facilitate the compensation of victims, who will not have to multiply legal proceedings against the builder, the supplier or the subcontractors.

• Limitation of this liability in amount and in time. The amount of liability of the nuclear operators is limited. Different limits are provided for nuclear installations and transportation of nuclear substances. In addition, the French legislator has lowered the liability amount for nuclear installations presenting ‘limited risks’. Furthermore, any actions for compensation have to be initiated within 10 years after the occurrence of the nuclear incident according to the Paris Convention.

• Obligation for the operator to cover his liability by an insurance or any other financial security: the nuclear operator has to have an insurance cover or any other form of financial guarantee to an amount equivalent to his liability.

• Unity of jurisdiction: the courts of the contracting party in whose territory the nuclear incident has occurred has jurisdiction to define the actions and compensations according to the Conventions.

These provisions have been transposed in the French law (Law n°68-943 of 30th October, 1968 modified by Law n°90-488 of 16th June, 1990 relating to the liability in the field of nuclear energy and government order n° 2012-6 of 5th January, 2012 amending environment code).