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Nuclear Liability Law

Original Language Title: Ydinvastuulaki

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Nuclear liability law

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In accordance with the decision of the Parliament:

General provisions
ARTICLE 1 (23.06.2005)

For the purposes of this law:

(1) Nuclear fuel Fissure material consisting of uranium or plutonium in the form of metal, mixture or chemical compound;

(2) Radioactive Product Radioactive material other than the radioactive material referred to in paragraph 1, including waste generated or radioactive in connection with the manufacture or use of nuclear fuel;

(3) Nuclear material Nuclear fuel, with the exception of natural uranium and depleted uranium, and radioactive material, other than radioisotopes, which are used or ready to be used for industrial, commercial, agricultural, For medical, scientific or educational purposes;

(4) Nuclear reactor An installation containing nuclear fuel in such a way that nuclear fission can occur as a continuous chain reaction without any additional neutron factor;

(5) At the nuclear facility:

(a) a nuclear reactor, with the exception of a nuclear reactor which is used or used as a power source for the ship or other means of transport;

(b) the manufacturer of the nuclear material;

(c) the extraction of nuclear fuel isotopes;

(d) the making of the irradiated nuclear fuel;

(e) a nuclear storage facility if the plant is not intended for temporary storage during transport of the substance;

(f) a nuclear reactor, factory or storage facility referred to above, which is being decommissioned;

(6) At the site of establishment The State in whose territory the core institution is located or, where the institution is not situated in the territory of any State, the State Party which uses or has approved it;

(7) The holder of a nuclear installation In the case of an establishment in Finland, which is authorised for the management or use of a nuclear installation, or which otherwise controls or uses the installation, and for an institution outside the kingdom, the person to be regarded as the holder of the installation Under the legislation of the country where it is located;

(8) Nuclear damage Damage caused by ionizing radiation from a radiation source in a nuclear installation, nuclear fuel, radioactive product or waste from ionising radiation, or nuclear installation or nuclear installation The ionising radiation of the nuclear material transported within the meaning of Article 8 (3);

(9) Nuclear event Any event giving rise to a nuclear accident or a series of events leading from the same source;

(10) The Paris Convention The Convention of 29 July 1960 on civil liability in the field of nuclear power, as amended by the Additional Protocol of 28 January 1964 and the Protocol of 16 November 1982, or The Convention, as amended by the Protocols and the Protocol of 12 February 2004 in Paris;

(11) By the Additional Convention By the Additional Protocol of 31 January 1963 in Brussels, by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 and the Paris Convention of 12 February 2004 in Paris An additional convention;

(12) The Vienna Convention The Convention of 21 May 1963 on liability in the field of nuclear damage, or the Convention, as amended by the Vienna Protocol of 12 September 1997; and

(13) State Party The State which acceded to the Paris Convention and the State which acceded to the Vienna Convention and the Vienna Convention of 21 September 1988 in Vienna and the Paris Conventions.

L to 493/2005 Article 1 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 1

For the purposes of this law:

(a) Nuclear fuel Fissure material containing uranium or plutonium in the form of a metal, mixture or chemical compound; (27/05/2015)

L to 581/2011 The amended paragraph (a) is provisionally in force from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

(a) Nuclear fuel Fissile material consisting of uranium or plutonium in the form of metal, mixture or chemical compound, or, according to the State Council, the other fissure;

(b) Radioactive product Radioactive material other than the radioactive material referred to in point (a), including the waste generated or radioactive in the manufacture or use of nuclear fuel;

(c) Nuclear material Nuclear fuel, with the exception of natural uranium and depleted uranium, and radioactive material, other than radioisotopes, which are used or ready to be used for industrial, commercial, agricultural, For medical, scientific or educational purposes; (15.09.1989/8)

(d) Nuclear reactor An installation containing nuclear fuel in such a way that nuclear fission can occur as a continuous chain reaction without any additional neutron factor;

(e) Nuclear installation Nuclear reactor, with the exception of a nuclear reactor which is used or used as a source of power, used or intended to be used as a power source, for the manufacture or preparation of nuclear fuel isotopes of nuclear fuel. The plant carrying out the irradiated nuclear fuel and the storage facility for the nuclear material if the plant is not intended for temporary storage during transport; (27/05/2015)

L to 581/2011 The amended (e) is provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

(e) Nuclear installation

A nuclear reactor, with the exception of a nuclear reactor which is used or used as a power source for a ship or other means of transport,

The manufacturer of the nuclear material,

A factory separating isotopes from nuclear fuel,

A factory carrying out irradiated nuclear fuel,

A nuclear storage facility where the plant is not intended for temporary storage during transport of the substance, and

In accordance with the provisions of the Council of State, any other institution with nuclear fuel or radioactive material;

(f) At the site of establishment The State in whose territory the core institution is located or, where the institution is not situated in the territory of any State, the State Party which uses or has approved it;

G) The holder of a nuclear installation In the case of an establishment in Finland, which is authorised for the management or use of a nuclear installation, or which otherwise controls or uses the installation, and for an institution outside the kingdom, the person to be regarded as the holder of the installation Under the legislation of the country where it is located;

(h) Nuclear damage Any damage caused by the radioactive properties of the nuclear fuel or radioactive product, or of such properties and of the presence of nuclear fuel or radioactive material in the context thereof, or Explosive properties of any other hazardous properties, and any damage caused by ionising radiation from a nuclear source other than nuclear fuel or radioactive contamination; Product;

(i) Nuclear event Any event giving rise to a nuclear accident or a series of events leading from the same source;

(j) The Paris Convention The Convention on Liability in the Field of Nuclear Energy signed in Paris on 29 July 1960, as amended by the Additional Protocol signed in Paris on 28 January 1964, or the Convention, as amended. By the Additional Protocol and the Protocol of Amendment signed in Paris on 16 November 1982; (15.09.1989/8)

(k) By the Additional Convention Additional Protocol signed in Brussels on 31 January 1963 and signed in Paris on 28 January 1964 and the Paris Convention amending the Paris Convention signed in Paris on 16 November 1982 An additional convention; (15.09.1989/8)

(l) The Vienna Convention The Convention of 21 May 1963 on liability for nuclear damage in Vienna; (28.6.1994/588)

(m) State Party The State which acceded to the Paris Convention and the State which acceded to the Vienna Convention and the Vienna Convention of 21 September 1988 in Vienna and the Paris Conventions; and (28.6.1994/588)

(n) Special drawing rights Special drawing rights used by the International Monetary Fund. (28.6.1994/588)

For the purpose of determining the amount of the damages, the special drawing rights shall be converted into national currency at the rate in force on the date on which the nuclear event occurred, except in the case of Articles 30 to 32 of the Supplementary Convention. In the case of a single nuclear event, the other date agreed for the other day. When converting special drawing rights into national currency, the value of the currency shall be determined in accordance with the manner in which the International Monetary Fund complied with its operations and performance on the day referred to above. (27/05/2015)

L to 581/2011 (2) is provisionally in force as from 1 January 2012 until the date on which L 493/2005 Enters into force. The previous wording reads:

For the purpose of determining the amount of the injury compensation, the special drawing rights shall be converted into Finnish currency at the rate in force on the date on which the nuclear event occurred, unless Articles 30 to 32 are between the States under the Additional Convention. In the case of a single nuclear event, the other date agreed for the other day. In order to convert the special drawing rights into Finnish currency, the value of the markka shall be determined in accordance with the manner in which the International Monetary Fund operated and in its performance on the date referred to above. (15.09.1989/8)

ARTICLE 2 (23.06.2005)

The decree of the Council of State may provide that this law shall not apply to nuclear fuel or radioactive products with a low risk of nuclear damage, with low levels, low enrichment or low levels of radioactivity Or nuclear installations with only such nuclear materials.

L to 493/2005 Article 2 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 2 (27/05/2015)

The decree of the Council of State may provide that this law shall not apply to nuclear fuel or radioactive products with a low risk of nuclear damage, with low levels, low enrichment or low levels of radioactivity Or nuclear installations with only such nuclear materials.

L to 581/2011 , as amended, is provisionally in force from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

ARTICLE 2

The State Council shall have the power to determine that this law shall not apply to a nuclear installation, a nuclear fuel or a radioactive product, provided that the associated risk of nuclear damage is low.

ARTICLE 3 (23.06.2005)

For the purposes of this law, the same holder's two or more nuclear installations in the same site in Finland shall be regarded as one of the institutions, together with the other premises situated in the same site of the same holder, in which: Nuclear material.

L to 493/2005 Article 3 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 3 (27/05/2015)

For the purposes of this law, the same holder's two or more nuclear installations in the same site in Finland shall be regarded as one of the institutions, in conjunction with other holdings in the same site of the same holder, in which: Nuclear material.

L to 581/2011 Article 3 is provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

ARTICLE 3 (15.09.1989/8)

The State Council or the authority designated by it may order that a core installation of two or more of the same holder in the same territory in Finland shall be considered as one of the institutions, either as such or in combination with the same holder. Other holdings located in the same area, where radioactive material is stored.

§ 4 (23.06.2005)

The holder of a nuclear installation in Finland is responsible for nuclear damage in accordance with this law, where nuclear damage is born in the sovereignty of Finland or another Contracting State or within the jurisdiction under international law, or In a country which is not a State Party and whose territory does not have any nuclear installations at the time of the nuclear incident.

Paragraph 1 shall also apply to the nuclear damage suffered by a ship or aircraft registered in the State referred to in that paragraph, provided that the vessel or aircraft is not present at the time of birth of any other person other than the Or in the territory of the State referred to in Article 5.

The law of the country in which the institution is located shall be governed by the maximum amount of the liability referred to in this law by the holder of a nuclear installation located outside Finland.

L to 493/2005 Article 4 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 4

The provisions of Article 15 (3) and Article 15a of this Act do not apply to nuclear damage caused by a nuclear incident in the territory of a State which is not a State Party. (27/05/2015)

L to 581/2011 The amended paragraph 1 shall be provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

The provisions of Article 15 (3) and Article 15a (1) of this Act shall not apply to nuclear damage caused by a nuclear incident in the territory of a State which is not a State Party. (15.09.1989/8)

In accordance with this law, the holder of a nuclear installation in Finland shall be liable only for nuclear damage arising in the territory of a State other than a State Party if a nuclear event has occurred in Finland. The regional dimension of liability under this law by the holder of a nuclear installation located outside the territory of the Reich is in force as laid down in the law of the country where the establishment is located.

The Decree of the Council of State may provide that compensation in Finland for nuclear damage other than those arising in a State other than a State Party may not be carried out further than that in respect of nuclear damage arising in Finland under that State's right Provided that there is a nuclear installation within the territory of a State. However, the Regulation cannot restrict the responsibility of the Convention on the transport of nuclear materials to which Finland has acceded. (27/05/2015)

L to 581/2011 As amended, Article 3 is provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

The Regulation may provide that compensation in Finland shall not be carried out in respect of nuclear damage other than those arising in a State other than a Contracting State other than that which, according to the law of that State, must be carried out in respect of nuclear damage arising in Finland. However, the Regulation cannot restrict the liability under the Convention referred to in Article 15a (2) to which Finland has acceded. (15.09.1989/8)

Paragraph 16 provides that, notwithstanding the provisions of this Article, the person who has paid compensation for nuclear damage shall be entitled to claim reimbursement from the holder of the nuclear installation.

§ 5 (23.06.2005)

In addition to Article 4, the holder of a nuclear installation in Finland, in accordance with this law, is also responsible for nuclear damage arising from the sovereignty or jurisdiction of a State under international law. In an area which is not a State Party and whose territory is a nuclear installation at the time of the nuclear event, provided that the law of that State complies with the principles of the Paris Convention. The same shall apply to nuclear damage caused by a ship or aircraft registered in a State, provided that the vessel or aircraft is not present at the time of the damage other than the State referred to in Article 4 (1) or under this Article. Region.

In the case of a nuclear accident within the meaning of this Article, the insurance of the holder of a nuclear installation situated in Finland shall be subject to a maximum of the maximum amount of compensation that is payable in accordance with the law of that foreign country. Nuclear damage.

L to 493/2005 Article 5 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 5

On the basis of reciprocity, the Regulation may, in the light of the Paris Convention, stipulate that the State, which is not a State Party, must be treated as a Contracting State for the purposes of the law.

Damage compensation
ARTICLE 6

The nuclear operator shall be required to replace the nuclear damage caused by the nuclear incident in his nuclear installation. However, the institution-holder is not, unless he/she is expressly committed by written agreement to account for the damage, responsible for nuclear damage caused by a nuclear incident which has not been affected by any other nuclear fuel Or a radioactive product other than a nuclear material temporarily stored during the transport referred to in Article 7 or 8, and the nuclear damage caused by a nuclear event is required by Article 9 to replace the nuclear material responsible for the transport of nuclear material The installation holder.

§ 7

The nuclear incident which occurred during the transport of a nuclear material which occurred in Finland or another Contracting State during the transport of a nuclear material shall be required to replace the holder of this nuclear installation. If the nuclear material referred to above has been dispatched to a State other than the State of the contract, the institution shall be responsible for the nuclear damage caused by the nuclear incident which occurred before the transport of the nuclear material was unloaded from the means of transport in which it: To be exported to that foreign country. (23.06.2005)

L to 493/2005 The amended paragraph 1 shall enter into force at the date of the adoption of the A. The previous wording reads:

Nuclear damage sustained during the transport of a nuclear material from a nuclear installation in Finland or another Contracting State, unless otherwise provided for in paragraphs 2 and 3 below, shall be replaced by: The nuclear installation holder.

In the case of transport of a nuclear material to a nuclear installation in Finland or another State Party, a nuclear accident has been caused by a nuclear accident which has occurred during transport, in order to replace the operator of the acquiring institution with the From the date specified in the written agreement. If there is no provision in the contract, the holder of the acquiring institution shall pass the exposure to the holder when he/she has received the nuclear material.

When transporting a nuclear material to a nuclear reactor in a ship or other means of transport, to be used as a power source, it shall cease to be the responsibility of the holder of the nuclear installation when the nuclear material has received the appropriate authorisation from the reactor Operator or holder.

A written agreement within the meaning of this Article shall not be regarded as a written agreement concluded by the holder of a nuclear installation in Finland, according to which the holder of the nuclear installation is compensated for the damage caused by the nuclear event, if apparent, That transportable nuclear materials do not have direct economic significance for the holder of this nuclear installation. (23.06.2005)

L to 493/2005 Article 4 (4) shall enter into force at the date set out in A.

§ 8

Where a nuclear material has been dispatched from a non-State State other than a nuclear facility in Finland or another Contracting State with the written consent of the holder of that establishment, the institution shall be responsible for the nuclear damage caused by: A nuclear event which happens after the transport of the nuclear material is loaded onto the means of transport in which it is imported from a 'foreign country'. (23.06.2005)

L to 493/2005 The amended paragraph 1 shall enter into force at the date of the adoption of the A. The previous wording reads:

Where a nuclear material has been dispatched from a non-State State to a nuclear facility in Finland or another Contracting State, with the written consent of the holder of that establishment, the holder shall be responsible for the Nuclear damage resulting from a nuclear incident, subject to the provisions of paragraph 2 below.

Where a nuclear material is dispatched from a nuclear reactor in a ship or other means of transport and used as a power source to a nuclear facility in Finland or another Contracting State, the holder of that installation shall be responsible for the time when: He's taken the nuclear material.

If a nuclear material is transported in Finland other than that in a nuclear installation or a nuclear installation in another Contracting State, the person responsible for the nuclear accident which has been authorised during the course of the transport has been responsible for the nuclear accident. Transport, and in so far as they are subject to the provisions of this Act concerning the holder of a nuclear installation in Finland.

§ 9

The provisions of Articles 7 and 8 concerning liability for nuclear damage resulting from a nuclear incident occurring during the transport of a nuclear material shall also apply to a nuclear event which occurred during the temporary storage of the nuclear material during transport. , except where storage has taken place in a nuclear installation and the holder is responsible for the contract referred to in Article 6.

ARTICLE 10 (15.09.1989/8)

Where, in the cases referred to in Articles 6 to 9, a nuclear material that comes from a nuclear installation in Finland or another Contracting State or prior to a nuclear event has been subject to the transport of nuclear material in the cases referred to in Articles 6 to 9, The operator responsible for the management of the nuclear material in the event of an accident. If the nuclear material at the time was not controlled by any installation holder, it shall be borne by the institution-holder who has had the nuclear material under its control.

Notwithstanding the provisions laid down in paragraph 1, the body holder, who is bound by the written agreement to account for nuclear damage, shall not be liable for the damage. However, if the nuclear material prior to the nuclear event has been transported and the other plant operator has not received the nuclear material after the transport is suspended, it shall be responsible to the institution-holder who, at the end of the transport, shall be responsible for: Nuclear damage caused by a nuclear incident during transport.

ARTICLE 11

The State Council or the authority designated by it shall be entitled, upon application by the carrier to carry out the transport of a nuclear material within the meaning of Article 7 or 8, to determine that the carrier is not the holder of a nuclear installation in Finland. Responsible for nuclear damage resulting from a nuclear incident during transport or in connection with a nuclear incident. Such a provision may only be issued if the holder has given his or her consent and if the carrier has demonstrated that the declaration provided for in Articles 23 to 27 has been taken or the financial guarantee in accordance with Article 28 (2) has been provided. Following the adoption of this provision, the provisions relating to the holder of this law shall apply to the carrier instead of the holder of the carrier during or in the event of a nuclear incident occurring during transport.

Where a similar provision has been issued under the law of another Contracting State, in the case of a nuclear damage which the holder of the institution in that State would be responsible for, such a provision would have the same effect under this law as 1 Of the European Parliament and of the Council.

ARTICLE 12

The compensation under this law shall be paid by the holder of the nuclear installation, even though the damage was not caused by the fault of his or her staff.

However, in accordance with this law, the holder of a nuclear installation in Finland is not responsible for a nuclear event directly attributable to armed conflict, hostilities, civil war or insurrection. In the cases referred to above, the liability of the holder of a nuclear installation in a Contracting State shall be valid for the purposes of the law of the country where the establishment is located. (23.06.2005)

L to 493/2005 (2) shall enter into force at the time of the adoption of the A. The previous wording reads:

However, in accordance with this law, the holder of a nuclear installation in Finland is not responsible for a nuclear event directly attributable to armed conflict, hostilities, civil war or insurrection or abnormal The quality of the natural disaster. The liability of the holder of a nuclear installation in another Contracting State in the above cases shall be valid for the purposes of the law of the country where the establishment is located.

Paragraph 15 (2) provides that, in the case referred to in paragraph 2, compensation may be required under provisions for damages other than those under this law.

ARTICLE 13

The operator of a nuclear installation shall not be liable, under this law, for nuclear damage to a nuclear installation itself or any other nuclear installation located in the territory or in the event of a non-life event in the territory of that establishment, or The assets at that time, which was used or intended to be used in connection with installations. (15.09.1989/8)

In the event of a nuclear incident which occurred during the transport of a nuclear material, the holder of a nuclear installation in another Contracting State shall be determined by the law of the country where the installation is located, whether the compensation must be carried out: The injury suffered by the transport equipment.

Paragraph 15 (2) provides for liability for the damage referred to in paragraphs 1 or 2, for which compensation may be required under provisions relating to damages other than those contained in this law.

ARTICLE 14 (23.06.2005)

The nuclear damage shall be replaced by:

(1) person or property damage law; (412/1974) And Section 3 of Chapter 7;

(2) economic damage which is not linked to the injury to persons or objects if the damage has been caused by significant environmental pollution; and

(3) costs incurred as a result of a nuclear incident as a result of reasonable restoration of the polluted environment, provided that the deterioration of the environment has been negligible.

In addition, the costs of reasonable control measures and the damage caused by such measures shall be compensated as a result of nuclear damage, provided that the measures are aimed at combating the damage referred to in paragraph 1 Or, notwithstanding Article 1 (8), after an event which poses a serious and imminent threat of nuclear damage.

In the event of deliberate or serious negligence on the part of the injured party, the compensation may be adjusted accordingly.

L to 493/2005 Article 14 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 14

Unless otherwise specified below, the compensation provided for in this Act shall be determined on the basis of the general compensation criteria in force.

In the event of deliberate or serious negligence on the side of the damage caused by nuclear damage, the compensation may be adjusted accordingly.

§ 15

Any compensation for nuclear damage under the provisions of this law or equivalent legislation in force in a Contracting State may not be required from any other than the holder of the nuclear installation or the insurance company which issued the declaration. (23.06.2005)

L to 493/2005 The amended paragraph 1 shall enter into force at the date of the adoption of the A. The previous wording reads:

Any compensation for nuclear damage under the provisions of this law or equivalent legislation in force in a Contracting State may not be required from any other than the holder of the nuclear installation or the insurance company which issued the declaration. (27/05/2015)

L to 581/2011 The amended paragraph 1 shall be provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

Any compensation for nuclear damage under the provisions of this law or equivalent legislation in force in a Contracting State may not be required from any other than the holder of the nuclear installation or the insurance company which issued the declaration, Subject to Article 15a or Article 17 (2). (15.09.1989/8)

Non-liability for nuclear damage caused by the holder of a nuclear installation in accordance with Articles 12 or 13 or any other provision of the law of another Contracting State may be claimed only from a natural person who has deliberately caused the damage. However, the damage to the means of transport referred to in Article 13 (2) shall be borne by the holder of the nuclear installation in accordance with the general compensation criteria.

In the case of a nuclear accident which is not covered by the provisions of this Act or by other provisions of the law of another Contracting State, no compensation may be required in Finland if the nuclear accident has been caused by a nuclear accident occurring during the transport of nuclear materials on board For a nuclear event or otherwise for the use of the ship, and if the operator or the operator of a nuclear installation is liable for the damage under the law of a State which is not a Contracting State, has acceded to the Vienna Convention or in another foreign country Existing legislation on liability for nuclear damage , which, in all respects, is as inexpensive as the Paris Convention or the Vienna Convention. Where, in those cases, the holder of a nuclear installation or the operator is responsible for nuclear damage, the liability of a natural person for nuclear damage intentionally caused by this law shall apply in addition to the liability of a natural person in Article 12. And the damage to the means of transport referred to in Article 13 (1) and the means of transport shall be governed by this law. The application shall not prevent the holder or operator of the institution from being responsible for the damage on the basis of the specific provision of the Vienna Convention relating to it or the law of a foreign country as referred to in this paragraph. (23.06.2005)

L to 493/2005 The amended paragraph 3 shall enter into force at the time of the adoption of the A. The previous wording reads:

In the case of a nuclear accident which is not covered by the provisions of this Act or by other provisions of the law of another Contracting State, no compensation may be required in Finland if the nuclear accident has been caused by a nuclear accident occurring during the transport of nuclear materials on board On a nuclear event or otherwise on the use of the ship, and if the operator or the operator of a nuclear installation is liable for the damage under the law of a State which is not a State Party to the Vienna Convention or another foreign State In accordance with the legislation on liability for nuclear damage, Which, in all respects, is as inexpensive as the Paris Convention or the Vienna Convention. Where, in those cases, the holder of a nuclear installation or the operator is responsible for nuclear damage, the liability of a natural person for nuclear damage intentionally caused by this law shall apply in addition to the liability of a natural person in Article 12. And the damage to the means of transport referred to in Article 13 (1) and the means of transport shall be governed by this law. The application shall not prevent the holder or operator of the institution from being responsible for the damage on the basis of the specific provision of the Vienna Convention relating to it or the law of a foreign country as referred to in this paragraph. (27/05/2015)

L to 581/2011 As amended, Article 3 is provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

In the case of a nuclear accident which is not covered by the provisions of this Act or by other provisions of the law of another Contracting State, no compensation may be required in Finland if the nuclear accident has been caused by a nuclear accident occurring during the transport of nuclear materials on board The nuclear incident or otherwise the use of the vessel, and if the operator or the operator of a nuclear installation is liable for the damage under the law of a State which has acceded to the Vienna Convention or is in force in another foreign country, Liability in accordance with the legislation on nuclear damage, which is in any case In their relations with the victims of damage similar to the Paris Convention or the Vienna Convention. Where, in those cases, the holder of a nuclear installation or the operator is responsible for nuclear damage, the liability of a natural person for nuclear damage intentionally caused by this law shall apply in addition to the liability of a natural person in Article 12. And the damage to the means of transport referred to in Article 13 (1) and the means of transport shall be governed by this law. The application shall not prevent the holder or operator of the institution from being responsible for the damage on the basis of the specific provision of the Vienna Convention relating to it or the law of a foreign country as referred to in this paragraph. (28.6.1994/588)

The compensation for State resources is provided for in Articles 29 to 36.

Article 15a (23.06.2005)

The provisions of Article 5 (2) and Article 15 shall not apply to the extent that it is contrary to the obligations of international agreements on the transport of nuclear materials which are binding on Finland or to the rest of the law.

L to 493/2005 The amended Article 15a shall enter into force at the time of the adoption of the A. The previous wording reads:

Article 15a (27/05/2015)

Article 15 shall not apply to the extent that it is contrary to the obligations of international agreements on the transport of nuclear materials by Finland or to the other provisions of the law.

L to 581/2011 Article 15a, as amended, is provisionally in force from 1 January 2012 until the date on which L 493/2005 Enters into force. The previous wording reads:

Article 15a (15.09.1989/8)

Paragraph 15 shall not apply to the extent that it is contrary to the obligations of the international agreements concluded by Finland.

The provisions of Article 15 (1) and (2) on liability for nuclear damage caused by a nuclear incident which occurred during the transport of a nuclear material, or for nuclear damage otherwise arising from the use of a ship or other means of transport, shall not preclude Air Transport Act (1998) Application. The Regulation may provide that the provisions laid down in this paragraph also apply to other provisions of the law of the Contracting State which are primarily responsible for the ratification of a provision of the Convention which has been in force or open for signature, Or for accession on 29 July 1960.

ARTICLE 16 (23.06.2005)

The provisions of an international agreement on the transport of nuclear materials which are binding on Finland or to the provisions of an agreement in force in a foreign country, which are in force in a foreign country, In order to compensate for damage caused by nuclear damage, Articles 4 and 5 shall be transferred without prejudice to the right of damages to the holder of the nuclear installation which is responsible under this law. Notwithstanding the provisions of Article 5 (2), if the compensation is due to nuclear damage, as referred to in Article 5, the compensation shall be entitled to claim reimbursement from the holder of the nuclear installation without prejudice to Article 5 (2).

The right of recourse provided for in this Article shall not be exercised by the person responsible for the damage himself on the basis of Article 21.

L to 493/2005 Article 16 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 16

The person who has had to pay compensation for nuclear damage under an international agreement on the transport of nuclear materials, or under the law of a foreign country, shall, under this law, be responsible for the right of the injured party to: Against the holder of the nuclear installation. Where the compensation is due to the damage referred to in the order issued pursuant to Article 4 (3), the compensation shall have the right to require the compensation to be reimbursed by the institution holder who would have replied to the damage if there were no provision Given. (27/05/2015)

L to 581/2011 The amended paragraph 1 shall be provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

Any person who, on the basis of the legislation of the Air Transport Act or of a foreign country or of the Convention referred to in Article 15a (2), has been obliged to pay compensation for nuclear damage, shall be entitled to Against the holder of the nuclear installation responsible under the law. Where the compensation is due to the damage referred to in the order issued pursuant to Article 4 (3), the compensation shall have the right to require the compensation to be reimbursed by the institution holder who would have replied to the damage if there were no provision Given. (15.09.1989/8)

The person holding the principal place of business in Finland or another Contracting State or in his service shall, if he has had to pay compensation for the type of nuclear damage suffered by the injured party in accordance with Article 4 The right to compensation under this Act, the right to apply a request for a retroactive effect to the holder of the nuclear installation who would have been liable for the damage, unless such provisions had been made. In that case, paragraph 1 shall apply accordingly. However, where the damage has occurred in the transport of a nuclear material to a consignee in a non-Contracting State, the holder of the installation of the substance shall, at the latest, be responsible for the removal of the substance from the means of transport by which it arrived Of that State. Where the damage was caused by the transport of a nuclear material from a consignor in such a State, the liability of the holder of the acquiring institution shall not be carried out until the substance is loaded onto the means of transport in which it was dispatched from a foreign country.

The right of recourse provided for in this Article shall not be exercised by the person responsible for the damage himself on the basis of Article 21.

§ 17

Where, at the same time, a person has suffered both nuclear damage and other damage to be compensated under this law, the provisions of this law on liability for nuclear damage as a whole shall be applied to the extent that they are in such a connection That they cannot be reliably separated from each other.

The provisions of paragraph 1 shall be without prejudice to the liability of an institution other than the holder of an institution which is responsible for the damage caused by ionizing radiation in accordance with other provisions of this law: The liability provisions of this Act do not apply.

ARTICLE 18 (23.06.2005)

The responsibility of the holder of a nuclear installation in Finland under this law for the nuclear damage resulting from the same nuclear incident is unlimited.

The maximum amount of liability in accordance with this law by the holder of a nuclear installation in Finland for nuclear damage caused by the same nuclear event outside Finland is eur 700 million.

The Council of State shall be entitled to determine, on application, a maximum amount of liability for the transport of nuclear material within the meaning of paragraph 2 if the risk of damage resulting from a nuclear incident caused by the nuclear material being transported is low. Taking into account the quantity and quality of these nuclear materials and the whole conditions of transport. However, the maximum amount of responsibility cannot be set at eur 80 million. The maximum amount referred to in this paragraph shall be replaced by at least eur 80 million from nuclear damage other than the means of transport.

The amount of interest and the reimbursement of costs shall not be included in the maximum amount of liability of the institution-holder.

L to 493/2005 Article 18 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 18 (27/05/2015)

The responsibility of the holder of a nuclear installation in Finland under this law for the nuclear damage resulting from the same nuclear incident is unlimited. The maximum amount of liability under this law by the holder of a nuclear installation in Finland for nuclear damage resulting from the same nuclear event outside Finland is 600 million SDRs. The State Council shall have the right, on application by the institution-holder, to decide, taking into account the size or nature of the institution or the extent of the transport, that the maximum level of liability is lower than 600 million SDRs, but at least five Million special drawing rights. A nuclear incident which occurred during the transport of a nuclear material shall be held by the installation holder in accordance with this law for damage other than the means of damage to the means of transport of at least 5 million SDRs.

The interest payable on compensation and the reimbursement of costs shall not be included in the amounts referred to in paragraph 1.

L to 581/2011 , as amended, is provisionally in force from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

ARTICLE 18 (28.6.1994/588)

The maximum amount of liability under this law by the holder of a nuclear installation in Finland for nuclear damage resulting from the same nuclear incident shall be 150 million SDRs. The State Council shall have the right, taking into account the size or nature of the institution, the extent of the transport, or any other relevant factors, to establish a lower level of responsibility, but not less than 5 million SDRs. A nuclear incident which occurred during the transport of a nuclear material shall be held by the installation holder in accordance with this law for damage other than the means of damage to the means of transport of at least 5 million SDRs.

The interest payable on compensation and the reimbursement of costs shall not be included in the amounts referred to in paragraph 1.

The maximum level of liability laid down in paragraph 1 of the holder of a nuclear installation may be increased by the Regulation up to the maximum amount of the maximum amount reimbursed by the Government of Finland in accordance with Article 3 (b) (ii) of the Supplementary Convention. In order to increase the maximum level of liability, the insurance referred to in Article 23 is available in the event of an increased exposure.

§ 19 (23.06.2005)

If the holders of two or more nuclear installations are responsible for the same nuclear damage, they shall be responsible for it, on their own and on behalf of each other, up to the maximum level of liability for this nuclear installation. . Where the damage is caused by the transport of nuclear materials by several nuclear installations, at the same time as the means of transport, or during transport in the same nuclear facility during transport, the maximum common liability of the holders of nuclear installations shall be: The highest quantity in force in relation to one of these establishments.

If one of the nuclear installations responsible under paragraph 1 is located in Finland, the holder of the nuclear installation in Finland is responsible for the nuclear damage that has been incurred in Finland without any limitation of liability. .

The liability of the holders of nuclear installations shall be shared accordingly, according to the contribution of each institution to the damage and to other circumstances considered reasonable.

L to 493/2005 Article 19 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 19 (27/05/2015)

If the holders of two or more nuclear installations are responsible for the same nuclear damage, they shall be responsible for it on their own and on behalf of each other, each, however, up to the maximum level of responsibility for the nuclear installation referred to in Article 18 (1). Where the damage is caused by the transport of nuclear materials by several nuclear installations, at the same time as the means of transport, or during transport in the same nuclear facility during transport, the maximum common responsibility of the holders of the nuclear installation shall be: The highest quantity in force in relation to one of these establishments.

If any of the nuclear installations responsible under Article 1 (1) are located in Finland, the holder of this nuclear installation shall be responsible for the nuclear damage arising in Finland for its own part without any limitation of liability.

The liability of the holders of nuclear installations shall be shared accordingly, according to the contribution of each institution to the damage and to other circumstances considered reasonable.

L to 581/2011 Article 19 is provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

§ 19

If the holders of two or more nuclear installations are responsible for the same nuclear damage, they shall, on their own behalf and on behalf of each other, be responsible for the quantity referred to in Article 18 (1). Where the damage is caused by the transport of nuclear materials by several nuclear installations, at the same time as the means of transport, or during transport during transport, temporarily at the same nuclear facility, the maximum common liability of the holder of the nuclear installation shall be: However, the highest number that applies to one of them.

A liability shall be shared between the holder of the nuclear plant, according to the proportion of each installation, to the extent of the damage and to the other circumstances considered reasonable.

§ 20 (23.06.2005)

If the maximum amount of the liability of the holder of a nuclear installation situated in Finland or another Contracting State, or the maximum level of joint liability referred to in Article 19 (1), is not sufficient for the full amount of nuclear damage suffered by persons entitled to compensation Reimbursements and future interest rates shall be reduced in the same proportion to the victims.

If, after a nuclear incident occurs, it is likely that a reduction in compensation under paragraph 1 will prove necessary, the Insurance Supervisory Agency shall have the right to order that, for the time being, only a certain proportion of the full amount shall be paid. Compensation.

L to 493/2005 Paragraph 20 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 20

If the amount of the exposure in accordance with Article 18 (1) or Article 19 (1) is not sufficient for the full compensation of all the victims entitled to compensation, their remuneration and future interest rates shall be reduced proportionally.

If, after the injury event occurred, it is likely that a reduction in compensation under paragraph 1 will prove necessary, the Insurance Supervisory Agency shall have the right to order that only a certain proportion of the total amount of the compensation is to be paid. Compensation. (29.1.1999/89)

ARTICLE 21 (23.06.2005)

The holder of a nuclear installation shall have the right to be reimbursed by a natural person who has intentionally caused the damage, or by written agreement, in accordance with this law or in accordance with the corresponding legislation of any other Contracting State. The institution-holder is specifically committed to liability for damage. An institution-holder does not otherwise have a wider right to receive from another person what he has carried out under this law or in accordance with the corresponding legislation of another Contracting State than that provided for in Article 17 (2) and Article 19 (3) above.

L to 493/2005 Article 21 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 21

The holder of a nuclear installation shall have the right to be reimbursed by a natural person who has intentionally caused the damage, or by written agreement, in accordance with this law or in accordance with the corresponding legislation of any other Contracting State. The institution-holder is specifically committed to liability for damage. The institution-holder does not otherwise have a wider right to receive from another person what he has carried out under this law or in accordance with the corresponding legislation of another Contracting State than that provided for in Article 17 (2) and Article 19 (2) above.

§ 22

Any person who, pursuant to Articles 6 to 10 or 16, wishes to claim compensation from the holder of a nuclear installation or from an insurer who has provided insurance against the liability of the institution, shall inform the operator of his claim within three years of the date of The date on which he was informed about the damage and the person responsible or had reasonable care to receive such information, or in the cases referred to in Article 16 (1), from the date on which the claim for compensation Was targeted. (23.06.2005)

L to 493/2005 The amended paragraph 1 shall enter into force at the date of the adoption of the A. The previous wording reads:

Any person who wishes, pursuant to Articles 6 to 10 or Article 16, to claim compensation from the holder of a nuclear installation or an insurer who has given an insurance against the liability of the institution, shall, at the risk of loss of power, inform the holder of his claim Within three years of the date on which he was informed about the injury and the person responsible or had reasonable care to receive such information, in the cases referred to in Article 16 (1) and (2), The date on which the claim for compensation was imposed.

Notwithstanding the provisions of paragraph 1, the application shall also be forfeited if the claim against the holder of a nuclear installation or against the insurer has not been initiated:

(1) in the case of personal injury within 30 years from the date on which the nuclear event occurred; and

2) for other nuclear damage within 10 years from the date on which the nuclear event occurred.

(23.06.2005)

L to 493/2005 (2) shall enter into force at the time of the adoption of the A. The previous wording reads:

The claim against the holder of the nuclear installation or the insurer shall be instituted within 10 years of the date on which the nuclear event occurred. Where the damage has been caused by an anasoned, lost or abandoned nuclear material which has not been recovered, the action cannot be brought later than 20 years after the recovery, loss or abandonment of the substance.

If it is necessary to implement the provisions of the Paris Convention, the State Council shall have the right to order the right to compensation for the right to compensation, even if he has not brought an action before the Court of Finland under this Article. Within the prescribed period, and the right to compensation in order to preserve its rights.

Article 33 provides for compensation for State resources in cases where the liability of the holder has ceased.

Insurance
ARTICLE 23 (23.06.2005)

In the case of nuclear damage resulting from a nuclear accident under the corresponding legislation of this law or any other Contracting State, the holder of a nuclear installation in Finland shall have an insurance policy approved by the Insurance Supervisory Authority for the purposes of Article 18 (1) to (3) of the Until the maximum amount referred to in Article 18 (2) or (3).

The insurance may be taken:

(1) in such a way that the amount of insurance covers the maximum exposure amount for each nuclear event; or

2), in such a way that it is at a time per establishment in force at the level of the ceiling.

(27/05/2015)

L to 581/2011 (2) is provisionally in force as from 1 January 2012 until the date on which L 493/2005 Enters into force. The previous wording reads:

The insurance may be taken:

(1) in such a way that the amount of insurance covers the maximum exposure amount for each nuclear event; or

2), in such a way that it is at a time per establishment in force at the level of the ceiling.

In the case of nuclear damage during the transport referred to in Articles 6 to 8, the insurance may be covered by a separate declaration.

L to 493/2005 Article 23 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 23

In the event of liability arising from a nuclear accident under the corresponding legislation of this law or any other Contracting State, the holder of a nuclear installation in Finland shall have a declaration of financial supervision in accordance with Article 18 (1) of the Financial Supervisory Authority To cover the maximum amount referred to in the said paragraph. (27/05/2015)

L to 581/2011 The amended paragraph 1 shall be provisionally in force as from 1 January 2012 until L 493/2005 Enters into force. The previous wording reads:

In the event of liability arising from a nuclear accident under the corresponding legislation of this law or any other Contracting State, the holder of a nuclear installation in Finland shall have an insurance policy approved by the Insurance Supervisory Authority for the amount of the exposure under Article 18 Up. (29.1.1999/89)

Insurance may be taken

(a) either in such a way that the amount of insurance covers the exposure of each nuclear event;

(b) or in such a way that, at each of the times, it is equal to an agreed amount of insurance per institution as provided for in Article 24.

In the case of liability arising during the transport referred to in Articles 6 to 8, the insurance may be separate.

§ 24 (23.06.2005)

§ 24 has been repealed by L 23.6.2005/493 , which shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 24

In the insurance referred to in Article 23 (2) (a), the amount of the insurance shall be at least equal to the amount of the exposure under Article 18 (1) and the insurance referred to in Article 23 (2) (b) above, Exceeding the number. The amount of the allowance shall not be counted and the costs shall not be reimbursed.

Where the declaration is taken in accordance with Article 23 (2) (b), the holder of the nuclear installation shall, without delay, become the injured party of an insurance transaction which, alone or in combination with previous insurance events, may be expected to reduce the amount of insurance Below the liability of the institution-holder, to take additional insurance in such a way as to increase the amount of the insurance to a greater than one fifth of the institution's holder.

ARTICLE 25

The insurance must be such that, on the basis of nuclear damage, the right to compensation is granted directly from the insurer. This declaration shall, unless the insurer has made any other condition, also apply to the holder of the institution in the event of any liability which he may incur according to the corresponding provisions of this law or any other State of the contract.

§ 26

However, in the event of termination of an insurance contract or for any other reason, the insurer shall be liable for compensation on the basis of a nuclear event which occurred within two months of the date on which the written declaration The period of termination of the contract arrived at the Ministry of Trade and Industry. If the insurance covers the damage caused during the transport of the nuclear material and if the transport has started before the end of that period, the liability of the insurer for entitlement to compensation shall not, however, cease before the transfer is completed.

Paragraph 1 shall not apply to a nuclear event which has occurred after the entry into force of the new declaration.

The insurer cannot, in order to be free from liability, plead against the injured party to other independent factors other than those referred to in paragraphs 1 and 2.

§ 27

The provisions of Articles 25 and 26 of this Law apply in cases where a claim for damages under this law may be instituted in Finland, even if the foreign law is applicable to the relationship between the insurer and the holder of the nuclear installation, or the institution is Outside the area.

ARTICLE 28

The obligation to be insured under this law is not a State.

The State Council shall have the power to exempt from the obligation to be insured by the holder of an insurance undertaking, which imposes a similar financial guarantee in the event of its obligations under this law and in accordance with the corresponding legislation of the other Contracting State, as well as to demonstrate, That he has taken care of the compensation arrangements for the damage caused.

The provisions of this Act shall apply mutatis mutandis to the guarantee referred to in paragraph 2 or in the corresponding legislation of another Contracting State.

Compensation for State resources
§ 29 (23.06.2005)

If the person who has the right to claim damages from the holder of a nuclear installation in Finland under this law or any other Contracting State, it appears that he has not been able to obtain this compensation with the holder of the nuclear installation The insurer from the insurance contract within the limits of the maximum amount of liability referred to in Article 18 (2) shall be paid out of State resources.

The liability under Article 1 (1) shall cease when compensation has been paid in respect of insurance and State resources amounting to a total of EUR 700 million.

L to 493/2005 Article 29 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 29

If the person who has the right to claim damages from the holder of a nuclear installation in Finland under this law or any other Contracting State, it appears that he has not been able to obtain this compensation with the holder of the nuclear installation The insurer who has contracted the insurance contract, shall be reimbursed through State resources.

The liability under Article 1 (1) does not exceed the amount of liability in force vis-à-vis the institution holder in accordance with Article 18 (1).

ARTICLE 30 (23.06.2005)

Where, pursuant to the Paris Convention, the holder of a nuclear installation for peaceful purposes in Finland or any other State which acceded to the Additional Convention is responsible for nuclear damage, the Court of Justice shall have the right to examine The claim for damages against the institution-holder shall be replaced by nuclear damage, in so far as it exceeds the amount of EUR 700 million, from State resources, when nuclear damage occurred:

(1) in Finland or any other State which acceded to the Additional Convention;

(2) in or above the territorial sea of Finland or any other State which acceded to the Additional Convention, and the nuclear damage is suffered by a national of the Finnish or any other State which acceded to the Additional Convention;

(3) In or above the territorial sea of Finland or any other Contracting State which acceded to the Additional Convention, on board or on board an aircraft registered in that State, or under the jurisdiction of that State; An artificial island, an institution or a building; or

(4) in the exclusive economic zone or above the exclusive economic zone of Finland or any other Contracting State or on the continental shelf, the economic zone or the continental shelf in the context of the exploitation or research of natural resources.

However, for the purposes of paragraph 1 (2) and (3), no reimbursement shall be made if the nuclear damage occurred in or above the territorial sea of a State other than that of the State other than Finland or the Supplementary Convention.

For the purposes of applying paragraph 1, the said State of the State which acceded to the Additional Convention shall be deemed to be the State or any part thereof, association or private law firm, association, foundation or other entity or group having its registered office or otherwise permanent Established in a State. The State of the State which acceded to the Supplementary Convention shall also be regarded as a person who, under the law of a State, must be regarded as having a permanent residence in that State and which, according to the Supplementary Convention, is equivalent to that of the same State. The citizen.

L to 493/2005 Article 30 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 30

If the holder of a nuclear installation in Finland or any other State which acceded to the Additional Convention, which is used for peaceful purposes and which, in the event of a nuclear incident, was listed in Article 13 of the Additional Convention In accordance with Article 37 of the Rules of Procedure of the Court of Justice of the European Communities, the Court of Justice shall have the right to examine the claim for damages against the institution-holder, to the effect that the amount of the exposure in accordance with Articles 18 or 19 is not sufficient; or For the time being, compensation is payable under Article 20 (2) On the basis of a certain percentage of State resources, when nuclear damage occurred

(a) in Finland or any other State which acceded to the Additional Convention;

(b) in the open sea, on a ship, or above an open sea, on an aircraft registered in Finland or any other State which acceded to the Additional Convention; or

(c) in the open sea or above, where the damage has been directed against a State or a national of a State which acceded to the Additional Convention, but in such a way that the damage to the ship or aircraft is reimbursed only; If the vessel in the event of a nuclear incident was registered in the State which acceded to the Additional Convention.

For the purposes of applying paragraph 1, the said State of the State which acceded to the Additional Convention shall be deemed to be the State or any part thereof, association or private law firm, association, foundation or other entity or group having its registered office or otherwise permanent Established in a State. The State of the State which acceded to the Supplementary Convention shall also be regarded as a person who, under the law of a State, must be regarded as having a permanent residence in that State and which, according to the Supplementary Convention, is equivalent to that of the same State. The citizen. (7.1.1977/128)

ARTICLE 31 (23.06.2005)

The compensation to be paid by State resources under Article 30 is provided for in Article 12 (1), Articles 13 and 14 and Article 18 (4).

Similarly, the provisions of Article 16 on the right of recourse against the holder of a nuclear installation shall be subject to the right to recover from the State compensation for nuclear damage, which shall be remunerated according to Article 30 of the State resources.

L to 493/2005 Article 31 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 31

The compensation to be paid by State resources under Article 30 is provided for in Article 12 (1), Articles 13 and 14 and Article 18 (2).

The provisions of Article 16 (1) and (3) on the right of recourse against the holder of a nuclear installation shall likewise be subject to the right to recover from the State compensation paid for nuclear damage, which shall be remunerated according to Article 30 State resources.

ARTICLE 32 (23.06.2005)

The sum of the amounts of compensation paid by the holder and the State to the same nuclear event pursuant to Articles 6 to 15, 15a, 16-22, 30 and 31 and to the Additional Convention referred to in Article 15 of the Additional Convention On the basis of an agreement between the State and the rest of the State, the maximum amount is eur 1 500 million or the higher the amount resulting from the application of Article 12a of the Supplementary Convention. The amount shall not be counted and the costs shall not be reimbursed.

Where, pursuant to Article 30 and Article 31, the amount which is available under Article 30 and Article 31 (1) is not sufficient to compensate for nuclear damage, compensation shall be reduced from State resources and, at the same time, A proportional share. For the purposes of this paragraph, the provisions of Article 20 (2) shall be applied mutatis mutandis, subject to the provision of a State Treasury.

L to 493/2005 Article 32 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 32

By virtue of Articles 6 to 22 and Articles 30 and 31 and to the Additional Convention referred to in Article 15 of the Additional Convention, the amounts of compensation paid by the holder and the State of the nuclear installation as a result of the same nuclear incident On the basis of an agreement between the other State, the maximum amount is 300 million SDRs. The amount shall not be counted and the costs shall not be reimbursed. (15.09.1989/8)

If, pursuant to paragraph 1, the amount of the State resources for compensation is available under Articles 30 and 31, it is not sufficient to compensate for the damage, the compensation shall be reduced and the interest to be paid to them in the same proportion. Paragraph 20 (2) shall apply mutatis mutandis for the purposes of this paragraph.

§ 33 (23.06.2005)

If a nuclear event with the responsibility of the holder of a nuclear installation in Finland has caused personal injury in Finland or personal injury to the Finnish citizen while staying elsewhere and such damage has occurred before: The liability of the institution-holder pursuant to Article 22 or any other provision of the law of a Contracting State has ceased, shall be remunerated from State resources, even if the person entitled has not brought an action within the prescribed period or has otherwise taken action; To suspend the limitation period if he has had an acceptable reason .

Where, in the case of other damages, compensation has been imposed pursuant to Article 20 (1) or a reduction in the compensation payable by the State under Article 32 (2) or in accordance with the corresponding provisions of the law of another Contracting State, Shall be reduced to the same extent from State resources under paragraph 1. The liability for damages is otherwise determined in the same way as if the operator had replied to the injury. The claim claim shall be notified to the State Treasury within the period prescribed in Article 22 (1).

L to 493/2005 Article 33 shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 33

If a nuclear event with the responsibility of the holder of a nuclear installation in Finland has caused a nuclear damage to a person in Finland, which has arisen only after the holder's liability is in accordance with Article 22 (2) or other Under the corresponding provision of the law of the Contracting State, but within 30 years of the nuclear incident, the State resources shall be paid out. Damage which has arisen before the institution's liability has ceased, shall also be remunerated from State resources, even if the person entitled has not brought an action within the prescribed period or has otherwise taken any action for the limitation period If he has had an acceptable reason for it.

Where compensation has been reduced on the basis of Article 20 (1) and Article 32 (2) or other provisions of the law of another Contracting State, the compensation payable under this Article shall be reduced to the same extent. The liability for damages is otherwise determined in the same way as if the operator had replied to the injury. The claim for compensation shall, at the risk of loss of power, be notified within the period prescribed in Article 22 (1) to the Insurance Supervisory Board. (29.1.1999/89)

The State Council may order that compensation be paid under the conditions laid down by the State Council in accordance with this Article, even if the nuclear accident on which the person in charge is responsible has taken place outside Finland.

§ 34 (23.06.2005)

§ 34 has been repealed by L 23.6.2005/493 , which shall enter into force at the time of the adoption of the A. The previous wording reads:

§ 34

If the amount in accordance with Article 18 (1), Article 19 (1) or any equivalent provision in the law of the other Contracting State is not sufficient for the full compensation of the damage to the territory of Finland and the compensation is not payable through State resources, Article 30 or otherwise Under the Additional Convention, compensation for State resources is established on the basis of the criteria laid down by the State Council, with the consent of the Parliament. Such compensation shall also be paid in the cases referred to in this Article as an addition to compensation for damage caused in the territory of Finland under Article 33, where such compensation has been reduced pursuant to Article 33 (2).

The compensation referred to in this Article shall also be paid in respect of the damage incurred in Finland in the event that, in the light of Article 20 (2), there is only a certain amount of compensation and no compensation for State resources under the Additional Convention Is carried out.

ARTICLE 35 (23.06.2005)

Pursuant to Article 29 or Article 30, no compensation is provided for a nuclear event within the meaning of Article 12 (2).

L to 493/2005 Article 35 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 35

Under Article 29, 30 or 34, it is not paid for a nuclear event within the meaning of Article 12 (2).

§ 36

The State shall have the right to recover the amount paid in accordance with Article 29 only from the holder of the nuclear installation, the insurer and the person against whom the institution is entitled, in accordance with Article 21.

Amount paid by the State pursuant to Articles 30 to 32 or otherwise in accordance with the provisions of the Additional Convention in respect of a nuclear event with the responsibility of the holder of a nuclear installation in Finland to the law of another Contracting State , may only be reclaimed from the person against whom the institution-holder is entitled under Article 21. The provisions of this paragraph shall also apply to compensation paid by the State pursuant to Article 33. (23.06.2005)

L to 493/2005 (2) shall enter into force at the time of the adoption of the A. The previous wording reads:

In the case of the amount carried out pursuant to Articles 30 or 34, the State shall have the same right to the holder of the nuclear installation as the person suffering from the damage. Otherwise, the amount may be paid by the State under Articles 30 to 32 or otherwise carried out on the basis of the provisions of the Additional Convention on the basis of a nuclear event with the responsibility of the holder of the nuclear installation in Finland In accordance with the law of the Contracting State, or which has been paid by the State pursuant to Article 34, only a natural person who has deliberately caused the damage. The above provisions apply to compensation paid by the State pursuant to Article 33.

Implementing and implementing powers
ARTICLE 37 (23.06.2005)

Article 13 of the Paris Convention, as amended by Article 1 (10) of the Paris Convention, as amended by Article 1 (10) of the Paris Convention of 12 February 2004 in Paris By the Protocol.

L to 493/2005 Article 37 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 37

An action taken pursuant to Articles 6 to 10 or 16 of this Act shall be brought against the holder of the nuclear installation or against the insurer in Finland,

(a) if the whole or part of the nuclear event occurred in Finland, or

(b) where the nuclear installation is located in Finland and the nuclear event has taken place in its entirety outside the territory of the Contracting States or the location of the event cannot be established with certainty.

In the event that Article 13 (c) (ii) of the Paris Convention is required to comply with the provisions of Article 13 (c) (ii) of the Paris Convention, the powers of the Court of Justice are in force, which is expressly provided for by law.

ARTICLE 38 (23.06.2005)

When a Finnish court is competent to examine an action brought under this law, the competent court is the Helsinki District Court.

L to 493/2005 Article 38 shall enter into force at the time of the adoption of the A. The previous wording reads:

ARTICLE 38 (28.6.1994/588)

In the case of a case which, according to Article 37, is admissible in Finland, and action against the State pursuant to Articles 29, 30, 33 or 34, must be brought before the Helsinki District Court.

ARTICLE 39

Where, in the case of compensation for nuclear damage, a judgment has been delivered in another Contracting State and the courts of that country are entitled under the Paris or Vienna Convention to examine the dispute in respect of which the judgment relates, the judgment shall be pronounced when it: Has obtained the law and can be implemented in the State in which it has been issued, on application in Finland, without re-examining the case which has been settled by the judgment. This does not include the obligation to enforce a foreign judgment if the maximum liability for the holder of the nuclear installation would be exceeded. (23.06.2005)

L to 493/2005 The amended paragraph 1 shall enter into force at the date of the adoption of the A. The previous wording reads:

Where, in the case of compensation for nuclear damage, a judgment has been delivered in another Contracting State and the courts of that country are entitled under the Paris or Vienna Convention to examine the dispute in respect of which the judgment relates, the judgment shall be pronounced when it: Has obtained the law and can be implemented in the State in which it has been issued, on application in Finland, without re-examining the case which has been settled by the judgment. This does not include the obligation to enforce a foreign judgment if the exposure to the holder of the nuclear installation would be exceeded. (28.6.1994/588)

Enforcement shall be submitted to the Helsinki Court of Appeal and the application shall be accompanied by:

(1) the judgment in the original or authenticated copy of the relevant authority;

(2) the declaration of the State in which the judgment has been delivered, the declaration by the authority concerned that the judgment relates to the remuneration referred to in the Paris Convention or the Vienna Convention and that it has obtained the law and can be implemented; In the said State; and

(3) if the abovementioned documents have been drawn up in a language other than Finnish or Swedish, a certified Finnish translation or Swedish version of them.

(23.06.2005)

L to 493/2005 (2) shall enter into force at the time of the adoption of the A. The previous wording reads:

Enforcement shall be submitted to the Helsinki Court of Appeal and the application shall be accompanied by:

(a) the judgment in the original or authenticated copy of the relevant authority;

(b) the declaration of the State in which the judgment has been delivered, an explanation given by the authority concerned that the judgment relates to the compensation provided for in the Paris Convention and that it has obtained the force of the law and that it may be implemented in the said State; and

(c) if the above documents have been drawn up in a language other than Finnish or Swedish, a certified Finnish translation or Swedish version of them.

The documents referred to in paragraph 2 (a) and (b) shall be accompanied by a certificate stating that the document was issued by the relevant authority. The certificate shall be issued by the Finnish embassy or consul in the foreign country concerned, or by the State where the judgment is given, the Head of the Administration.

The application shall not be accepted without reservation to the counterparty for its response.

If the application is accepted, the judgment shall be carried out in accordance with the judgment of the Court of Justice, if the Supreme Court on the basis of an appeal does not change the order.

Miscellareous provisions
ARTICLE 40

When sending a nuclear material from a nuclear installation in Finland to a recipient abroad or to a nuclear installation situated in Finland from abroad under such conditions that, according to Article 7 or Article 8, the installation holder is liable for any damage arising from: The holder of a nuclear installation shall issue a certificate to the carrier which has issued an insurance or financial guarantee within the meaning of Article 28 (2), and of which the holder of the nuclear installation and his address, insurance or economic Nuclear material and transport covered by the guarantee, including insurance or The amount, quality and duration of the financial guarantee. The certificate shall be accompanied by an indication by the Ministry of Trade and Industry, or by its authority, of the fact that the holder of the nuclear installation mentioned in the certificate is the holder of an establishment within the meaning of the Paris Convention. The provider of the certificate shall be responsible for ensuring that the information contained therein on the institution-holder and his address and on the amount, quality and duration of the insurance or financial guarantee is correct.

The Ministry of Trade and Industry confirms the formula for the certificate referred to in paragraph 1.

ARTICLE 41 (24.5.2002)

Penalties for non-imposition of an insurance obligation under this Act or of the financial guarantee referred to in Article 28 (2) shall be governed by criminal law (39/1889) § 10 Paragraph 2.

ARTICLE 42

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

ARTICLE 43

This law shall apply when, however, in the case of Articles 30 to 32 of the Paris Convention, when the conditions for the implementation of the Supplementary Convention have also been met, as provided for by the Regulation.

Entry into force and application of amending acts:

7.1.1977/128:
23.5.1986/38:

This Act shall enter into force on the date of the Regulation.

HE 6/86, LiVe. 1/86, the svk.M. 18 /86

15.9.1989/8:

This Act shall enter into force at the time laid down by the Regulation. By the entry into force of Article 1 (1) (m) and (2) of this Law, Article 32 (1) of the Atomic Energy Act, as referred to in the Law of 8 June 1972, shall apply. (484/72) In such a way that the payment unit within the meaning of the article is considered to be a special drawing right within the meaning of this Act.

HE 39/89, yyyy. 27/89, svk.M. 75/89

28.6.1994/588:

This Act shall enter into force at the time laid down by the Regulation.

THEY 10/94 , TaVM 15/94

29.1.1999/89:

This Act shall enter into force on 1 April 1999.

THEY 163/1998 , TaVM 29/1998, EV 202/1998

24.5.2002, P.

This Act shall enter into force on 1 September 2002.

THEY 17/2001 , LaVM 5/2002, No 35/2002

23.6.2005/493:

The entry into force of this Act is laid down by a Council regulation.

The competent court between Finland and another Contracting State which is a signatory to the Protocol of 12 February 2004, referred to in Article 1 (10) of this Act, but has not accepted or acceded to it, Shall be determined on the basis of the wording in force at the date of entry into force of this Act. Article 1 (1) (n) and Article 1 (2) of that Act shall also apply to the Contracting State referred to above.

With the entry into force of Article 18 of this Act, the decision of the Council of Ministers of 5 May 1994 on the maximum level of liability in accordance with the nuclear liability law (333/1994) .

THEY 2/2005 , TaVM 8/2005, EV 50/2005

27.5.2011/581:

This Act shall enter into force on 1 January 2012 and shall be valid until the date of adoption of the law amending the nuclear liability law (493/2005) Shall enter into force entirely or otherwise than in the case of Articles 30 to 32.

Nuclear liability law (484/1972) Articles 24 and 34 shall not apply after the entry into force of this Act.

THEY 297/2010 , TaVM 46/2010, EV 322/2010