Law on the amendment of the substitution of nuclear damage (nuclear)

(Unlimited liability for the plant holder, pest concept, limitation, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

Law no. 332 of 19. June 1974 on the replacement of nuclear damage (s), as amended by law no. 732 of 7. In December 1988, Section 4 of Law No 363 of 18. 1 May 1994, section 9 of Law No 433 of 31. May 2000 and section 7 of the law. 523 of 6. June 2007 shall be amended as follows :

1. Section 1 (e) No 5, is hereby repealed and the following shall be inserted :

" 5) nuclear material storage facilities, with the exception of temporary storage during transport,

6) nuclear-subsubstance installations,

7) reactors, factories or plants which are in operation (decommission), and ' ;

Paragraph 6 becomes the second paragraph. 8.

2. Section 1 (h) ITREAS :

" h) nuclear damage :

the damage caused by ionising radiation emanating from a source of radiation in a nuclear plant or from nuclear fuel or radioactive waste in a nuclear plant or from nuclear substance from which it originates in : or to be sent to a nuclear installation, whether the loss or injury has been caused by radioactive properties of these substances or the association of radioactive properties with toxic, explosive or other dangerous properties ; ' ;

3. § 1 (j-m) is hereby repealed and the following shall be inserted :

" j) The Paris Convention :

the Convention on Liabilities vis-à-vis third party in the territory of the nuclear energy field, which was concluded in Paris on 29. July, 1960, and amended by the Additional Protocol of 28. January 1964, change protocol of 16. November 1982 or change protocol of 12. February 2004 ;

c) the additional conversion :

an additional conception to the Paris Convention, which was concluded in Brussels on 31 December. January 1963, and amended by the Additional Protocol of 28. January 1964, change protocol of 16. November 1982 and change protocol of 12. February 2004 ;

I) The WienConvention :

Convention on the responsibility of nuclear damage, which was concluded in Vienna on 21. This year, May 1963, or the amendment of the Protocol, which was signed in Vienna on 12. September 1997 ;

m) The common protocol :

the protocol that was reached in Vienna on 21. September 1988, the application of the Wieni Convention and the Parties Convention ;

n) Convention State :

State that has joined the Paris Convention. `

4. Section 5 (5). 1 and 2, is hereby repealed and the following shall be inserted :

' In the case of a nuclear accident which has been entered here in the realm, damages may be required to claim compensation under the rules laid down in this Chapter for nuclear damage as a result of the damage to which the nuclear injury has occurred ;

1) here in the kingdom, including within the exclusive economic zone of the realm ;

2) in another State which has enacted the Paris Convention, including that of the territory of this State in accordance with international law ;

3) in a State that has not joined the Convention, including the sea area laid down in accordance with international law, if the State at the time of the nuclear accident had joined the Vienna Convention and the common protocol,

4) in a State that has not joined the Convention, including this State ' s territory, according to international law, if the State at the time of the nuclear accident had no nuclear installation on its territory or the sea area laid down in : international law, or

5) in a State that has not joined the Convention, including the marine territory of this State, established under international law, if the State at the time of the nuclear accident had rules concerning the liability of nuclear damage, which is in accordance with the principles of the Paris Convention.

Paragraph 2. Paragraph 1 shall also apply where a nuclear injury has been entered on board a ship or aircraft registered in a state referred to in paragraph 1. 1. in the case of the transport of nuclear substance to a recipient in a state not referred to in paragraph 1. 1, the accident must have been taken before the material has been released from the means of transport, which has arrived on the territory of this State and by means of the transport of nuclear subs from a sender in such a state, the accident must have been taken after the accident ; the material is loaded into the means of transport carrying out the transport from that State.

Paragraph 3. In the case of a nuclear accident, which has been taken outside the territory of no Conventional State or where the accident not with security can be determined, a claim may require compensation of a plant holder in the kingdom in accordance with the rules laid down in this Chapter, if : the damage to nuclear damage has occurred in a State referred to in paragraph 1. 1. "

paragraphs 3 and 4 are then referred to in paragraph 1. 4 and 5.

5. Insert after section 5 :

" § 5 a. Damage by this Act shall comprise :

1) personal injury ;

2) ' Tin damage ;

3) other form of capital ; and

4) reasonable costs of disposal or the prevention of damage or to the restoration of the environment. `

6. I § 8 inserted after paragraph 1. 2 as new paragraph :

" Stop. 3. The holder of an installation may only assume responsibility for the distribution of nuclear substance, if the person concerned has a direct economic interest in the nuclear substance. `

paragraphs 3 and 4 are then referred to in paragraph 1. 4 and 5.

7. I Section 13 (1). TWO, ONE. pkt., the words ' civil war, uprising or a serious natural disaster ` are replaced by 'civil war or insurgency'.

8. I Section 14, paragraph 14. 2, undeleted 2. Pct . , and in 4. pkt . , that's gonna be three. PC changes " Rules in 1. and 2. Pct. " to : " Rule of 1. Pct. "

9. § 15 ITREAS :

" § 15. The liability of the equipment holder may be reduced or lapsed if the plant holder can prove that injured intentionally or in the case of gross negligence involved the damage. '

10. I section 16 (4). 2, in section 14 (4), TWO, THREE. Pct. " to : section 14 (4). TWO, TWO. Pct. "

11. I § 17, paragraph 1. 1, ' of 21 shall be deleted ; 'May 1963 on responsibility for nuclear damage', and 'so' is replaced by 'nuclear'.

12. Section 20 (2). 1, ITREAS :

' The damage caused by nuclear accident and another accident is deemed to have been caused by the nuclear accident, to the extent that the damage caused by the injury to the nuclear damage cannot be reasonably parted.

13. § 21, 1. and 2. Pct . , is hereby repealed and the following shall be inserted :

' If a plant holder in the kingdom becomes liable for nuclear damage to the outside of Denmark, the attorney general may lay down a restriction on the liability of the equipment holder in respect of the injured in a State that has laid down rules on restriction ; by the plant holder ' s responsibility towards the injured person in Denmark. ` ;

14. Section 21 (1). 2, revoked.

15. I Section 22 (2). ONE, ONE. and 2. Pct . , shall be deleted ' by section 21 `.

16. § 23 revoked.

17. § 25, paragraph. 2, ITREAS :

" Stop. 2. Deprecated no later than 10 years after the debtor's termination of claims on damages for damages other than personal injury. '

18. Section 26 (1). 1, ITREAS :

" The holder of a nuclear plant here in the kingdom shall draw and maintain an insurance policy of 700 million. However, the euro to cover the responsibility for nuclear damage which the holder may, subject to the law of this Chapter or the other Convention of the Convention, may, in exceptional circumstances, be able to take account of the size and nature of the plant, the extent of the transport and operation of the plant ; the likely consequences of a nuclear accident in connection with transport, which is covered by the responsibility, and the circumstances, in the case of less than 80 million, shall lay down a lower insurance scheme. Euro. "

19. Section 26 (1). TWO, FOUR. pkt., revoked.

20. I § 30 the words ' within the limit of section 21 ` shall be deleted.

21. I Section 31 (1). 1, the ' limitation of liability under § § 21-22 ` shall be replaced by ' the limitation of the security post-26 `.

22. Section 31 (1). 1 (a) , lifted.

Litra b-d becomes point (a-c.

23. Section 31 (1). 1 (d) point (c) shall be replaced by the following :

" c) the injury, has occurred :

1) in the territory of the kingdom or in the other State which has added to the additional Convention ;

2) on or over sea areas situated outside the territory of a State which has acceded to the Additional Convention where the injury has occurred to a national of a State which has entered the additional convention, has entered a board or a bit of a ship ; registered in the realm, entered on board or some of an aircraft registered here in the kingdom, or has entered an artificial island, formation or construction, under jurisdiction of a State which has entered the additional convention ; or

3) in or above the exclusive economic zone or continental socket of a state, in connection with the exploration or exploitation of natural riches, if the State has joined the Additional Convention. ` ;

24. Section 31 (1). TWO, ONE. pkt., revoked.

25. Section 32 (1). ONE, ONE. pkt., ITREAS :

" The total compensation payable by the State in respect of the same nuclear accident shall be limited to a sum corresponding to 1 500 million. Euro. "

26. Section 32 (1). 3, revoked.

27. § 34, paragraph. ONE, ONE. pkt., ITREAS :

' Is a claim for damages other than personal injury caused by a nuclear accident, for which the holder of an installation in the kingdom is responsible, the lapse pursuant to Article 25 (3). 2, or equivalent provisions of the law of the second Convention shall be replaced by the State ' s compensation. `

28. § 34, paragraph. ONE, FOUR. and 5. pkt . , revoked.

29. I § 36, paragraph. 1, the words ' may be added here in the realm ' to : ' shall be added at the City of Copenhagen ', and in : subparagraphs a inserted after ' here in the realm ` shall be inserted : `, including within the exclusive economic zone of the realm ; '.

30. After paragraph 36 is inserted before heading "Permission of foreign convictions" :

" Law Choice

§ 36 a. In the case of cases specified here in the kingdom, in accordance with this law, Danish law, with the exception of the rules of law, shall apply, unless otherwise provided by this law.

Representation of the injured

§ 36 b. In matters covered by this law, a State such as a mandatar may carry out legal proceedings for its own nationals or persons resident or staying in the territory of the State, when the person concerned has given their consent.

Conversion to Danish currency

§ 36 c. Conversion to Danish currency shall be carried out on the day of the accident. ` ;

§ 2

The attorney general shall determine the date of entry into force of the law and may, in particular, provide for the entry into force of the law at different times.

§ 3

The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal device, be brought into force for these parts of the village, with the deviations which are attributable to the special ferry and Greenlandic conditions.