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29 JUIN 2014. - An Act to amend the Act 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 adopted and We sanction the following:
CHAPTER I^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Act of 22 July 1985 on Civil Liability in the Field of Nuclear Energy
Art. 2. Article 1^er of the Act of 22 July 1985 on Civil Liability in the Field of Nuclear Energy is replaced by the following:
Article 1^er . For the purposes of this Act, it shall 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 "Additional Convention": the convention of 31 January 1963, complementary to the Paris Convention of 29 July 1960 on civil liability in the field of nuclear energy amended by the Additional Protocol of 28 January 1964, the Protocol of 16 November 1982 and the Protocol of 12 February 2004;
3° the "Minister": the minister who has nuclear assurances in his powers;
4° the terms "Nuclear accident", "Nuclear installation", "Nuclear fuel", "radioactive products or wastes", "Nuclear damage", "measures of restoration", "measures of safeguard", and "reasonable measures": the concepts defined in Article 1^er of the Paris Convention."
Art. 3. Section 2 of the Act is replaced by the following:
"Art. 2. The provisions of Part I^er are applicable to nuclear damage resulting from a nuclear accident whose responsibility rests with the operator of a nuclear facility located in Belgian territory, provided that nuclear damage is incurred in the territory of, or in any maritime zone established in accordance with 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 that, at the time of the nuclear accident, has no nuclear facility in its territory or in any maritime zone established by it in accordance with international law;
3° any other non-contracting State where, at the time of the nuclear accident, legislation relating to nuclear liability that grants equivalent benefits on a reciprocal basis, within the meaning of Article 2, a, iv, of the Paris Convention.
The King may, by order deliberately in the Council of Ministers, extend the application of Title I^er of this Act, nuclear damage resulting from a nuclear accident whose responsibility lies with the operator of a nuclear facility located in Belgian territory, and suffered by a national of a Contracting Party in the territory of States not referred to in paragraphs 1 to 3 of paragraph 1^er.
For the purposes of this article, the territorial waters and the exclusive economic zone of Belgium in the North Sea are considered to be part of the territory. ".
Art. 4. In Article 5, paragraphs 1^er2 and 3 of the same law, the word "nuclear" is inserted each time between the words "damage" and "caused".
Art. 5. In section 6 of the Act, the following amendments are made:
1° 2° is replaced by the following:
"2° is responsible for the nuclear damage caused by the means of transport on which the substances are located at the time of the nuclear accident, when it is responsible for the nuclear damage caused by transport in the cases provided for in Article 4 of the Paris Convention.
The repair of such nuclear damage may not result in a reduction of the operator's liability for other nuclear damage to less than that defined in Article 7, paragraph 1^erof this Act."
2° Article 6 is supplemented by the 3° written as follows:
"3° is responsible for the damage caused by an accident other than a nuclear accident, when caused jointly by a nuclear accident, to the extent that they cannot be separated with certainty from the damage caused by the nuclear accident. ".
Art. 6. In Article 7, paragraph 1^er, of the same law, amended by the law of 11 July 2000 and by the law of 13 November 2011, the word "nuclear" is inserted between the words "damage" and "competition".
Art. 7. Section 8 of the Act is replaced by the following:
"Art. 8. The operator of a nuclear facility shall, in accordance with Article 10, (a) and (d), of the Paris Convention, have and maintain an insurance or other financial guarantee deemed appropriate by the Minister, covering its liability to the amount determined by section 7 of this Act or under that section.
The Minister shall, in particular, verify the adequacy of the coverage provided with the provisions of this Act and the solvency of the guarantee donor, other than a business that falls under the prudential control of the National Bank.
The operator is required to renew this insurance or other financial guarantee within sixty days of the claim.
The Minister is the competent public authority to receive the notice imposed by Article 10(d) of the Paris Convention.
Payments from insurance, reinsurance or other financial guarantee can only be used to repair nuclear damage caused by a nuclear accident. "
Art. 8. In the same Act, an article 10/1 is inserted as follows:
"Art. 10/1. § 1^er If the operator determines that the market does not offer the insurance or financial guarantee required by this Act for certain risks, the operator may request the State to grant a guarantee, with the payment of compensation for the coverage of these risks.
The application is addressed to the Minister of Economy who verifies its admissibility.
The King may, by order deliberately in the Council of Ministers, set terms and conditions for the award of this guarantee.
§ 2. On the advice of the administration of the Treasury, the FSMA and the Insurance Commission, the King sets compensation by a deliberate order in the Council of Ministers. The Minister of Finance sets the reasonable time limit for the notice to 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 the costs of expertise exposed to its calculation. It also covers the costs of expertise exposed to the verification of the actual execution of the claim and the verification of the meeting of the terms and conditions of a warranty call, as well as the claims settlement fees in the event of a warranty appeal.
§ 3. In case of appeal to the guarantee, the State is subrogated, for the sums it has paid, to all the rights and actions of the victims against the operator."
Art. 9. In section 14 of the Act, the following amendments are made:
1° in 2°, the word "nuclear" is inserted between the words "damage" and "caused";
2° Article 14 is supplemented by the 3°, written as follows:
"3° the operator of a nuclear facility cannot transfer responsibility to the operator of another nuclear facility unless the operator has a direct economic interest in the nuclear substances being transported."
Art. 10. In section 15 of the same law, the words "4, c" are replaced by the words "4, d".
Art. 11. In the same Act, the title of Chapter VI is replaced by the following:
"Chapter VI. Repair of nuclear damage."
Art. 12. In article 17 of the same law, the word "nuclear" is inserted between the words "damage" and "caused".
Art. 13. In section 18 of the Act, the following amendments are made:
1° in paragraph 1^er, the word "nuclear" is inserted between the words "damage" and "submit";
2° in paragraph 1^er, the words "and cumulative" are deleted;
3° in paragraph 2, the word "nuclear" is inserted between the words "damage" and "caused".
Art. 14. In section 19 of the Act, the following amendments are made:
1° in paragraph 1^er, the word "damages" is each time replaced by the words "nuclear damage";
2° in paragraph 1^er, the words "3, f" are replaced by the words "3, g";
3° paragraph 3 is repealed.
Art. 15. In section 20 of the Act, paragraph 2 is replaced by the following:
"When the total of the repairs exceeds or is likely to exceed the funds referred to in the preceding paragraph, the King, by order deliberately in the Council of Ministers, establishes the criteria for equitable distribution. ".
Art. 16. In article 21, paragraph 2, the word "damage" is replaced each time by the words "nuclear damage".
Art. 17. In the same Act, an article 21/1 is inserted as follows:
"Art. 21/1. The King may, by order deliberately in council of Ministers, fix the provisions concerning the system of compensation for costs related to measures for the protection and restoration of the environment, as a result of a nuclear accident".
Art. 18. In article 22 of the same law, the word "nuclear" is inserted between the words "damage" and "who".
Art. 19. In the same Act, an article 22/1 is inserted as follows:
"Art. 22/1. The State shall indemnify up to the amount set out in article 7, paragraph 1^ernuclear damage caused by a nuclear facility or transport, the amount of which exceeds the maximum amount determined under section 7, paragraph 2, paragraph 2. "
Art. 20. Section 23 of the Act is replaced by the following:
"Art. 23. Any damages brought against the operator under this Act shall be subject to a penalty of loss,
1° due to bodily nuclear damage, within thirty years of the date of the nuclear accident;
2° due to any other nuclear damage within ten years of the date of the nuclear accident.
The action shall be prescribed in any case by three years from the time the injured person has been aware of the nuclear damage and the identity of the operator or from the time that the injured person has reasonably had to be aware of it, without the time limits of ten or thirty years established by this section being exceeded.
A person who has suffered a nuclear injury caused by a nuclear accident, who has filed an action for compensation within the time limits set out in this section, may apply for further damages after the expiry of those time limits, as long as a final determination of the amount of compensation has not taken place."
Art. 21. In article 24 of the same law, the word "nuclear" is inserted between the words "damage" and "est".
Art. 22. In section 25 of the Act, the following amendments are made:
1° in § 2, the words "5, a," are replaced by the word "5";
2° Paragraph 3 is repealed.
Art. 23. In section 26, paragraph 2, of the same law, the word "This" is replaced by the words "This".
Art. 24. In section 27 of the Act, the following amendments are made:
1° the word "nuclear" is inserted between the words "damage" and "resulting";
2° the words "in the case referred to in Article 22" are replaced by the words "in the cases referred to in Articles 22 and 22/1".
Art. 25. In the same Act, an article 28/1 is inserted as follows:
"Art. 28/1. Actions based on the Paris Convention, the Supplementary Convention and the present Law shall be formed upon request:
1° of the victims of nuclear damage resulting from a nuclear accident;
2° of the State;
3° of a foreign State acting on behalf of and on behalf of persons who are nationals of that State or who have their domicile or residence in its territory and who have consented to be represented by that State;
4° of any person who may assert, under the Paris Convention, the Supplementary Convention or this Law, any rights acquired by subrogation or assignment."
Art. 26. In the same Act, an article 28/2 is inserted as follows:
"Art. 28/2. The Belgian State may act on behalf of and on behalf of persons who have their domicile or residence in its territory and who have consented to be represented by that State, when these persons are victims of a nuclear accident that does not fall within the jurisdiction of a Belgian court.
The King may determine the forms and conditions to which the victims of a nuclear accident fall within the jurisdiction of a foreign court, so that the Belgian State may act on their behalf in this jurisdiction. "
Art. 27. In section 30 of the Act, the words "or 22" are replaced by the words ", 22 or 22/1".
Art. 28. In article 32 of the same law, the word "nuclear" is inserted between the words "damage" and "used".
Art. 29. In article 33 of the same law, the word "nuclear" is inserted between the words "damage" and "subi".
Art. 30. In article 34 of the same law, the word "nuclear" is inserted between the words "damage" and "subis".
CHAPTER III. - Amending the Judicial Code
Art. 31. In Article 569, 17°, of the Judicial Code, the words "the Act of 18 July 1966 on civil liability in the field of nuclear energy" are replaced by the words "the Act of 22 July 1985 on civil liability in the field of nuclear energy".
CHAPTER IV. - Transitional provision
Art. 32. Operators to whom recognition has been granted under the Act of 22 July 1985 on Nuclear Civil Liability, as amended on 11 July 2000 and 13 November 2011, shall retain the benefit of such recognition provided that they adapt to the provisions of this Act, within noon days after the day of its entry into force, insurance or any other financial guarantee covering their liability.
The period referred to in paragraph 1^er may be extended by the Minister for the period necessary for the instruction of an application under section 10/1 inserted by section 8 of this Act, provided that the application is filed within thirty days of the date of the entry into force of section 8.
CHAPTER V. - Final provision
Art. 33. The King shall determine the effective date of each of the provisions of this Act. This Act comes into force no later than 1^er day of 18^e month after that of its publication to the Belgian Monitor, with the exception of this article which comes into force on the day of the publication of this Act to the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 June 2014.
PHILIPPE
By the King:
Minister of Economy,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
Minister of Finance,
K. GEENS
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: 53-3431 - 2013/2014.
Full report: 22 April 2014.
Senate (www.senate.be):
Documents: 5-2867 - 2013/2014.
Annales du Senate: April 24, 2014.