Act amending the Act on compensation for nuclear damage (nuclear damage)
(Unlimited responsibility for the fixed holder, injury concept, obsolescence, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
In Act No. 332 of 19. June 1974 for compensation for nuclear damage (nuclear damage), as amended by Act No. 732 of 7. December 1988, section 4 of Act No. 363 of 18. May 1994, section 9 of Act No. 433 of 31. May 2000 and section 7 of the Act No. 523 of 6. June 2007, shall be amended as follows: 1. Article 1, point (e) (iii). 5, shall be repealed, and instead is inserted: ' 5) installations for the storage of nuclear substance, except for temporary storage during carriage, 6) installations for the disposal of nuclear substance, 7) reactors, factories or plants that are in liquidation (decommissioning), and '
No. 6 is then no. 8.2. Article 1, point (h) shall be replaced by the following: ' h) nuclear damage:
damage which is caused by ionizing radiation emitted from a source of radiation in a nuclear facility or from nuclear fuel or radioactive products or waste in a nuclear facility or nuclear substance coming from, originating in, or sent to, a nuclear installation, whether or not the loss or damage is caused by the radioactive properties of these substances or a combination of radioactive properties with toxic , explosive or other dangerous properties; '
3. paragraph 1 (j)-m, shall be repealed, and replaced by: ' (j)) Paris Convention:
Convention on third party liability in the nuclear energy field, signed in Paris on 29 April. July 1960 and amended by the additional protocol of 28. January 1964, by the Protocol of Amendment 16. November 1982 or amending Protocol of 12. February 2004;
k) Supplementary Convention:
Additional Convention to the Paris Convention, which was concluded in Brussels on 31 March. January 1963 and amended by the additional protocol of 28. January 1964, by the Protocol of Amendment 16. November 1982 and by the Protocol of Amendment 12. February 2004;
l) Vienna Convention:
Convention on liability for nuclear damage, which was concluded in Vienna on 21. in May 1963, or the Protocol of amendment thereto which was concluded in Vienna on 12. September 1997;
m) Joint Protocol:
the Protocol was signed in Vienna on 21. September 1988, on the application of the Vienna Convention and the Paris Convention;
n) Convention State:
State which has acceded to the Paris Convention. '
4. § 5 (1) and (2) are hereby repealed, and replaced by: ' in the case of a nuclear accident, which occurred here in the Kingdom, an injured party may claim damages in accordance with the rules laid down in this chapter for nuclear damage as a consequence of this, if the nuclear damage occurred 1) here in the Kingdom, including within the Empire's exclusive economic zone, 2) in another State that has acceded to the Paris Convention, including the Sea established in accordance with international law, 3) in a State which is not party to the Paris Convention, including the sea area established under international law, if the State at the time of the nuclear accident had acceded to the Vienna Convention and Joint Protocol, 4) in a State which is not party to the Paris Convention, including the Sea established in accordance with international law If the State at the time of the nuclear accident had no nuclear installation in its territory or sea area established in accordance with international law, or 5) in a State which is not party to the Paris Convention, including the sea area established under international law, if the State at the time of the nuclear accident had rules on liability for nuclear damage, which is in accordance with the principles set out in the Paris Convention.
(2). Paragraph 1 shall also apply where the nuclear damage is occurred aboard a ship or aircraft registered in a State which is referred to in paragraph 1. When transporting nuclear substance to a person in a State not referred to in paragraph 1 shall be the accident occurred, before the material is unloaded from the means of transport, with which it has arrived to this territory, and for the transport of nuclear substance from a sender in such a State must be the accident occurred after the material is loaded in the means of transport to perform the transport from this State.
(3). By a nuclear accident, which occurred outside of any Convention on its territory, or where the accident not possible to determine with certainty, can an injured claim compensation by a fixed holder here in the Kingdom in accordance with the rules laid down in this chapter, if the nuclear damage is occurring in a State referred to in paragraph 1. '
Paragraphs 3 and 4 become paragraphs 4 and 5.
5. Under section 5 shall be inserted: ' article 5 a. Damage after this law includes: 1) personal injury damage, 3, 2)) other economic loss and 4) reasonable avoidance or prevention of injury or for the recovery of the environment. '
6. In section 8 shall be inserted after paragraph 2 as new paragraph: "(3). The holder of a plant can only assume responsibility for the shipment of nuclear substance, if the person has a direct economic interest in the nuclear substance. '
Paragraphs 3 and 4 become paragraphs 4 and 5.
7. In article 13, paragraph 2, 1. section, the term ' civil war, insurrection or a grave natural disaster ': ' civil war or rebellion '.
8. In article 14, paragraph 2, be lifted 2. PT. and in 4. PT. , which will be 3. paragraph, the words ' Rules in 1. and 2. paragraph. ': ' the rule of 1. section ' 9. section 15 is replaced by the following: ' § 15. Fixed holder's liability may be reduced or disallowed, if the fixed holder can prove that the injured party intentionally or through gross negligence has contributed to the injury suffered. '
10. In article 16, paragraph 2, the words ' section 14 (2), (3). paragraph ' to: ' section 14, paragraph 2, 2nd paragraph. ' 11. In section 17, paragraph 1, the words ' of the 21st century. May 1963 on liability for nuclear damage ', and ' how to ' shall be replaced by: ' nuclear '.
12. Article 20, paragraph 1, is replaced by the following: ' Is a nuclear damage caused by a nuclear incident and by both a second accident, shall be deemed to be damage caused by the nuclear accident, in so far as the second part of accident damage cannot reasonably be severed from the nuclear damage. '
13. section 21, 1. and 2. PT. , shall be repealed, and replaced by: ' If a fixed holder here in the Kingdom will be liable for nuclear damage occurred outside of Denmark, the Minister of Justice may establish a limitation of fixed holder's liability to the injured party in a State that has laid down rules on the limitation of the fixed holders responsibility to the victim in Denmark. '
14. Article 21, paragraph 2, is hereby repealed.
15. In article 22, paragraph 1 1. and 2. PT. , the words ' pursuant to section 21 '.
16. section 23 is repealed.
17. Article 25, paragraph 2 is replaced by the following: ' (2). Obsolescence occurs within 10 years after the cessation of action for tortious claims for compensation for damage other than personal injury. '
18. Article 26, paragraph 1 is replaced by the following: ' the holder of a nuclear installation here in the Kingdom must take out and maintain insurance on 700 million. euro to cover the liability for nuclear damage, which the holder may incur pursuant to this chapter or other law of the State Convention. The Minister of Justice may, however, in exceptional cases, taking into account the size of the plant and the nature, the extent of the transported and the likely consequences of a nuclear accident in the context of the transport, covered by the responsibility, and the circumstances in fact establish a lower insurance sum, but not less than 80 million. euro. '
19. section 26 (2), 4. paragraphs, are hereby repealed.
20. In section 30 the words ' within the limitation under section 21 '.
21. In section 31, paragraph 1, the words ' liability limitation pursuant to §§ 21-22 ' is replaced by: ' the limitation of collateral under section 26 '.
22. section 31, paragraph 1, point (a), shall be repealed.
(B)-(d) become (a) to (c).
23. section 31, paragraph 1, point (d), there will be point (c) is replaced by the following: ' (c)) the injury occurred: 1) here in the Kingdom or in any other State which has acceded to the Supplementary Convention, 2) on or over the sea areas beyond the territorial sea of a State which is a party to the Supplementary Convention, if the injury has struck a national of a State which has acceded to the Supplementary Convention, has joined on board or a little of a ship registered here in the Kingdom , has joined on board or a bit of an aircraft registered here in the Kingdom or are joined on an artificial island, formation or construction under the jurisdiction of a State which has acceded to the Supplementary Convention, or 3) in or over a State's exclusive economic zone or continental shelf in connection with the exploration or exploitation of natural resources, if the State has acceded to the Supplementary Convention. '
24. section 31, paragraph 2, 1. paragraphs, are hereby repealed.
25. section 32 (1) 1. paragraph is replaced by the following: ' The total amount of damages in respect of the same nuclear accident must be paid by the State in accordance with this law, are limited to an amount equivalent to 1,500 million. euro. '
26. section 32 (3), is repealed.
27. section 34, paragraph 1 1. paragraph is replaced by the following: ' Is a claim for compensation for damage other than personal injury, that here in the Kingdom is caused by a nuclear accident, for which the holder of a plant here in the Kingdom is responsible, lapsed in accordance with article 25, paragraph 2, or the corresponding provision in the second Convention of State law, provided the compensation by the State. '
28. section 34 (1), 4. and 5. PT. , is hereby repealed.
29. In article 36, paragraph 1, the words ' may be brought here in the Kingdom ': ' I have to choose the City Court of Copenhagen ", and in subparagraph (a) shall be inserted after ' here in the Kingdom ': ', including within the Empire's exclusive economic zone '.
30. Under section 36 shall be inserted before the heading "enforcement of foreign judgments":
» Choice of law
section 36 (a). For cases brought here in the Kingdom after this law Danish law, excluding conflict of law rules shall apply, unless otherwise provided by this law.
Representation of victims
section 36 (b). In the cases covered by this law, a State which agent perform the lawsuits of its own nationals or persons residing or stay on its territory, when the person has given consent.
Conversion to the Danish currency
section 36 c. Conversion into Danish coin shall be carried out according to the exchange rate on the day the accident happened. "
The Minister of Justice shall determine the time of the entry into force of the Act and can including stipulate that the provisions of the Act will come into force at different times.
The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.
Given at Christiansborg Palace, on 17 March. June 2008 Under Our Royal hand and Seal MARGRETHE r./Lene Espersen