An Act To Amend The Act Of July 22, 1985, On Civil Liability In The Field Of Nuclear Energy (1)

Original Language Title: Loi modifiant la loi du 22 juillet 1985 sur la responsabilité civile dans le domaine de l'énergie nucléaire (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011384&caller=list&article_lang=F&row_id=600&numero=636&pub_date=2014-07-18&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-18 Numac: 2014011384 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy June 29, 2014. -Act to amend the law of July 22, 1985, on civil liability in the field of nuclear energy (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:.
-Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Amending provisions of the law of July 22, 1985, on civil liability in the field of nuclear energy s. 2. article 1 of the law of July 22, 1985, on civil liability in the field of nuclear energy is replaced by the following: "Article 1. For the purposes of this Act, it has to be understood by: 1 ° the "Paris Convention": the convention of 29 July 1960 on civil liability in the field of nuclear energy, amended by the additional protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004;
2 ° the "Supplementary Convention": the convention of 31 January 1963, supplementary to the Paris convention of 29 July 1960 on civil liability in the field of nuclear energy as amended by the additional protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004;
3 ° the 'Minister': the Minister who has the nuclear insurance in charge;
4 ° the words "nuclear accident", "nuclear installation", "nuclear fuel", "products or radioactive waste", "nuclear damage", "measures of restoration", "preventive measures", and "reasonable measures": the concepts as defined in article 1 of the Paris Convention. "."
S. 3. article 2 of the Act is replaced by the following: 'article 2. the provisions of title I shall apply to nuclear damage caused by a nuclear incident for which the responsibility lies with the operator of a nuclear installation located on the Belgian territory, provided that the nuclear damage in the territory, or in any maritime zones established in accordance with the international law of the sea, by, or, except in the territory of a non-Contracting State not referred to in items 2 ° to 3 ° of this paragraph on board a ship or aircraft registered by: 1 ° a Contracting Party to the Paris Convention;
2 ° a non-Contracting State which, at the time of the nuclear incident, has no nuclear installation in its territory or in any maritime zones established by it in accordance with international law;
3 ° any other non-Contracting State which is in force at the time of the nuclear accident, legislation on nuclear liability which provides equivalent benefits on a reciprocal basis, within the meaning of article 2, a, iv), of the Paris Convention.
The King may, by Decree deliberated in the Council of Ministers, extend the application of title I of this Act, to nuclear damage arising from an accident nuclear whose responsibility lies with the operator of a nuclear installation located on the Belgian territory, and suffered by a national of a Contracting Party in the territory of States not referred to in points 1 ° to 3 ° of 1st paragraph.
For the purposes of this article, the territorial waters and the exclusive economic zone of the Belgium North Sea are regarded as part of the territory. "."
S. 4. in article 5, paragraphs 1, 2 and 3, of the Act, the word "nuclear" is every time inserted between the words "damage" and "caused".
S.
5A article 6 of the Act, the following amendments are made: 1 ° 2 ° is replaced by the following: "2 ° is liable for nuclear damage caused by the means of transport on which substances are present at the time of the nuclear incident, where he is responsible for nuclear damage during transport in the cases provided for in article 4 of the Paris Convention.
Repair of these nuclear damage may have the effect of reducing the liability of the operator for other nuclear damage to an amount less than that which is defined in article 7, paragraph 1, of this Act. ";
2 ° article 6 is supplemented by the 3 ° as follows: "3 ° is responsible for damage caused by one accident other than a nuclear accident, when they are caused jointly by a nuclear incident, insofar as you can separate them with certainty of damage caused by the nuclear incident.".
S. 6. in article 7, paragraph 1, of the Act, amended by the law of 11 July 2000 and by the law of November 13, 2011, the word 'nuclear' is inserted between the words 'damage' and ' competition'.
S.
7. article 8 of the Act is replaced by the following: 'article 8. the operator of a nuclear installation is required, under article 10, a) and (d)), the Paris Convention, to have and maintain insurance or other financial security deemed appropriate by the Minister, covering his liability up to the amount set out in article 7 of this Act or under this article.
The Minister verifies, inter alia, the adequacy of coverage with the provisions of this Act and the solvency of the dealer's warranty, other than a company which belongs to the prudential supervision of the National Bank.
The operator is required to renew this insurance or this other financial security within a period of sixty days after the disaster.
The Minister is the competent authority to receive the notice required by article 10 d), of the Paris Convention.
Monies from the insurance, reinsurance, or other financial security may be used only for compensation for nuclear damage caused by a nuclear incident."
S. 8. in the same Act, it is inserted an article 10/1 as follows: "article 10/1. § 1 if the operator establishes that the market does not offer insurance or financial guarantee required by this Act for certain risks, it may request the State to grant a guarantee, the payment of an allowance to cover these risks.
The request is made to the Minister of the economy, which checks the admissibility.
The King may fix by order deliberate in Council of Ministers, terms and conditions to the granting of this warranty.
§ 2. On the advice of the administration of the Treasury, the FSMA and the Insurance Commission, the King fixed the indemnity by a decree deliberated in the Council of Ministers. The Minister of finance sets the reasonable time within which notice must be given. After this period, the notice is no longer required. The allowance is annual and covers the risk incurred by the State as well as costs of expertise exposed in its computation. It also covers the expertise costs incurred for the verification of the effective realization of loss and verification of the conditions of an appeal meeting to guarantee, as well as the costs of claims in the event of calling in the guarantee.
§ 3. When the guarantee, the State is subrogated, for monies paid, all rights and all actions of the victims against the operator."
S.
9A section 14 of the Act, the following amendments are made: 1 ° 2 °, the word "nuclear" is inserted between the words "damage" and "caused".
2 ° article 14 is supplemented by 3 °, as follows: "3 ° the operator of a nuclear installation cannot transfer his liability to the operator of another nuclear installation only if the latter has a direct economic interest in the nuclear substances transportation.".
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10A article 15 of the Act, the words "4 c" shall be replaced by the words "4 d".
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11. in the same Act, the title of Chapter VI is replaced by the following: "chapter VI.
Repair of nuclear damage".
S. 12. in article 17 of the Act, the word "nuclear" is inserted between the words "damage" and "caused".
S. 13 A section 18 of the Act, the following amendments are made: 1 ° in the paragraph 1, the word 'nuclear' is inserted between the words "harm" and "implies";
2 ° in the paragraph 1, the words "and cumulative" are deleted;
3 ° in paragraph 2, the word 'nuclear' is inserted between the words "harm" and "caused".
S. 14 A section 19 of the Act, the following amendments are made: 1 ° in the paragraph 1, the word 'damage' is each time be replaced by the words 'nuclear damage';
2 ° in the paragraph 1, the words "3, f ' shall be replaced by the words" 3 g ";
3 ° paragraph (3) is repealed.
S. 15. in article 20, of the same Act, paragraph 2 is replaced by the following: "When the total of repairs exceeds or may exceed the funds referred to in the preceding paragraph, the King, by Decree deliberated in the Council of Ministers, establishes the criteria of equitable distribution.".
S. 16. in article 21, paragraph 2, the word "damage" is replaced each time by 'nuclear damage' ".
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17. in the same Act, it is inserted an article 21/1 as follows: "article 21/1. The King may fix, by Decree deliberated in the Council of Ministers, the provisions on the system of compensation for costs associated with backup and restoration of the environment measures, resulting from a nuclear accident."
S. 18. in article 22 of the Act, the word 'nuclear' is inserted between the words 'damage' and 'who'.
S. 19. in the same Act, it is inserted an article 22/1 as follows: "article 22/1. The State pays up to the amount fixed in article 7, paragraph

1, nuclear damage caused by a nuclear installation or transportation, the amount exceeding the maximum amount established under article 7, paragraph 2 (2). "Art.
20. article 23 of the Act is replaced by the following: 'article 23 actions for compensation against the operator under this Act must be under penalty of forfeiture, 1 ° of the fact of nuclear injury, within thirty years from the date of the nuclear incident;
2 ° by virtue of any other nuclear damage, within ten years from the date of the nuclear incident.
The action is prescribed in all cases by three years from the time where injured took knowledge of nuclear damage and of the identity of the operator or from the moment he had, reasonably to have known, without deadlines of ten or thirty years established by this section may be exceeded.
Any person suffering nuclear damage caused by a nuclear incident who has brought an action for compensation within the time limits provided for in this article, may submit a claim in aggravation of the damage after the expiry of these periods, as long as a judgment permanently fixing the amount of the compensation did not intervene. "."
S. 21. in article 24 of the same Act, the word 'nuclear' is inserted between the words "harm" and "is".
S. 22A section 25 of the Act, the following amendments are made: 1 ° in § 2, the words "5," shall be replaced by the word "5";
2 ° paragraph 3 is repealed.
S. 23. in article 26, paragraph 2, of the Act, the word "This" is replaced by the words "The present".
S. 24 A section 27 of the Act, the following amendments are made: 1 ° the word 'nuclear' is inserted between the words "harm" and "resulting";
2 ° "in the case referred to in article 22" shall be replaced by the words "in the cases referred to in articles 22 and 22/1".
S. 25. in the same Act, it is inserted an article 28/1 as follows: "article 28/1. Actions based on the Paris Convention, the Supplementary Convention and the Act, are formed on demand: 1 ° a nuclear damage caused by a nuclear accident victims;
2 ° of the State;
3 ° of a foreign State acting in the name and on behalf of persons who are nationals of that State or have their domicile or residence in its territory and who have agreed to be represented by that State;
4 ° any person who can assert under the Paris Convention, of the complementary agreement or this Act, rights acquired by subrogation or assignment."
S. 26. in the same Act inserted an article 28/2 as follows: "article 28/2. The Belgian State may act in the name and on behalf of persons who have their domicile or residence in its territory and who have agreed to be represented by that State, when these people are victims of a nuclear accident not covered by the jurisdiction of a court in Belgium.
"The King may determine the forms and conditions which must satisfy the victims of a nuclear accident falling within the jurisdiction of a foreign court, so that the Belgian State to act on their behalf before this Court."
S. 27. in article 30 of the Act, the words "or 22" are replaced by the words", 22 or" 22/1.
S. 28. in article 32 of the same law, the word 'nuclear' is inserted between the words "harm" and "caused".
S. 29. in article 33 of the same Act, the word 'nuclear' is inserted between the words "harm" and "sustained".
S.
30. in article 34 of the Act, the word "nuclear" is inserted between the words "damage" and "sustained".
CHAPTER III. -Amending provision in the Judicial Code articles 31. in article 569, 17 °, of the Judicial Code, the words "the law of July 18, 1966, on civil liability in the field of nuclear energy" are replaced by the words "the law of July 22, 1985, on civil liability in the field of nuclear energy".
CHAPTER IV. -Disposition transitional art. 32. the operators to which recognition was granted under the Act of July 22, 1985, on nuclear liability, amended July 11, 2000 and November 13, 2011, retain the benefit of this recognition provided they adapt to the provisions of this Act within ninety days following the date of its entry into force insurance or any other financial guarantee covering their liability.
The time limit referred to in paragraph 1 may be extended by the Minister for the time necessary for the statement of an application referred to in article 10/1 inserted by section 8 of this Act, provided that the request is submitted within thirty days following that of the entry into force of article 8.
Chapter V. - Provision final art. 33. the King sets the date of entry into force of each of the provisions of this Act. This Act comes into force no later than the 1st day of the 18th month following that of its publication in the Moniteur belge, with the exception of this section which shall enter into force the day of the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on June 29, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET. the Minister of finance, K. GARG. the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: 53-3431-2013/2014.
Full record: 22 April 2014.
Senate (www.senate.be): Documents: 5-2867-2013/2014.
Annals of the Senate: April 24, 2014.