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Act No. 2010-2 Of 5 January 2010 Relating To The Recognition And Compensation For Victims Of French Nuclear Tests

Original Language Title: LOI n° 2010-2 du 5 janvier 2010 relative à la reconnaissance et à l'indemnisation des victimes des essais nucléaires français

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Summary

Amendment of the general tax code.

Keywords

STATUS OF IMPOS , CHANGE , COMPLIANCE ,

Legislative records




JORF n°0004 of 6 January 2010 page 327
text No. 1



LOI no. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests (1)

NOR: DEFX0906865L ELI: https://www.legifrance.gouv.fr/eli/loi/2010/1/5/DEFX0906865L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2010/1/5/2010-2/jo/texte



The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:

Article 1 Learn more about this article...


Any person suffering from a radio-induced disease resulting from exposure to ionizing radiation due to French nuclear tests and listed by decree in the Council of State in accordance with the work recognized by the international scientific community may obtain full compensation for his or her injury under the conditions laid down in this Act.
If the person has died, the claim may be submitted by the person entitled to compensation.

Article 2 Learn more about this article...


The person suffering from a radio-induced pathology must have resided or stayed:
1° Between 13 February 1960 and 31 December 1967 at the Saharian Centre for Military Experiments, or between 7 November 1961 and 31 December 1967 at the Oase Military Experiments Centre or in the peripheral areas at these centres;
2° Between 2 July 1966 and 31 December 1998 in the atolls of Mururoa and Fangataufa, or between 2 July 1966 and 31 December 1974 in exposed areas of French Polynesia in an angular sector;
3° Between 2 July 1966 and 31 December 1998 in certain areas of the Hao atoll;
4° Between 19 July 1974 and 31 December 1974 in some areas of the Isle of Tahiti.
A decree in the Council of State defines the peripheral zones mentioned in the 1°, the zones listed in the angular sector mentioned in the 2°, as well as the zones mentioned in the 3° and 4°.

Article 3 Learn more about this article...


The applicant, in the event of need with the assistance of the Ministry of Defence and other jurisdictions concerned, justifies that the person referred to in section 1 has resided or stayed in the areas and during the periods referred to in section 2 and is affected by one of the diseases on the list established under section 1.

Article 4 Learn more about this article...


I. ― Individual claims for compensation are submitted to a compensation committee, chaired by a State advisor or advisor to the Court of Cassation, including medical experts appointed jointly by ministers responsible for defence and health on the proposal of the High Council of Public Health.
A person entitled to a person referred to in section 1 who died before the promulgation of this Act may apply to the compensation committee within five years of the promulgation.
II. ― This committee examines whether the conditions of compensation are met. Where they are, the person concerned is presumed to be causative unless, in view of the nature of the disease and the conditions of its exposure, the risk attributable to nuclear testing may be considered negligible.
The committee shall conduct or carry out any relevant scientific or medical investigation, without the possibility that it may be opposed to professional secrecy.
It may require any service of the State, the public community, the social benefit management organization or insurer to communicate any information necessary for the instruction of the application. This information may not be used for any purpose other than the latter.
The members of the committee and the officers designated to assist them must be authorized under the conditions defined for the application of theArticle 413-9 of the Criminal Codeinformation referred to in the preceding paragraphs.
As part of the review of applications, the committee adheres to the principle of conflict. The applicant may be assisted by a person of his or her choice.
III. ― Within four months of the registration of the application, the committee shall make a recommendation to the Minister of Defence on the appropriate action. This period may be extended to six months when the committee uses medical expertise. Within two months, the Minister, in light of this recommendation, shall notify the person concerned of his or her offer of compensation or the reasoned rejection of his or her application. It encloses the recommendation of the committee to the notification.
In the year following the promulgation of this Act, the time limits for the investigation by the Compensation Committee shall be increased to eight months from the date of registration of the application.
IV. ― The composition of the compensation committee, its organization, the elements that must include the file submitted by the applicant, as well as the procedure for the instruction of the claims, and in particular the modalities for the respect of the contradictory and the rights of the defence, are fixed by decree in the Council of State.

Article 5 Learn more about this article...


Compensation is paid in the form of capital.
Any compensation already received by the applicant on the basis of the same grounds of injury, including the present amount of the pensions, if any, is deducted from the amounts paid under the compensation provided for in this Act.

Article 6 Learn more about this article...


Acceptance of compensation is a transaction within the meaning ofArticle 2044 of the Civil Code and discontinuation of any ongoing legal action. It makes it inadmissible any other legal action aimed at redressing the same damages.

Article 7 Learn more about this article...


The Minister of Defence shall convene at least twice a year an advisory committee to monitor the consequences of nuclear testing. The latter may also meet at the request of the majority of its members. The commission consists of nineteen members, including a representative of each of the Ministers responsible for defence, health, overseas and foreign affairs, the President of the French Polynesia Government or his representative, the President of the French Polynesia Assembly or his representative, two deputies, two senators, five representatives of the representative associations of victims of nuclear tests and four qualified scientific figures in this field.
The Commission is consulted on the follow-up to the application of this Act as well as possible changes to the list of radio-induced diseases. As such, it may make recommendations to the Minister of Defence and Parliament.
A decree in the Council of State sets out the modalities for the designation of members and the principles of operation of the commission.

Article 8 Learn more about this article...


After the 33° bis of Article 81 of the General Tax Code, it is inserted a 33° ter as follows:
« 33° ter Compensation to persons suffering from or entitled to radio-induced diseases pursuant to Act No. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests; "
This law will be enforced as a law of the State.


Done in Paris, January 5, 2010.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The state minister, keep seals,

Minister of Justice and Freedoms,

Michèle Alliot-Marie

The Minister of the Interior,

the overseas and territorial authorities,

Brice Hortefeux

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth

Minister of Defence,

Hervé Morin

Minister of Health and Sports,

Roselyne Bachelot-Narquin

The Minister to the Minister of Interior,

the overseas and territorial authorities,

loaded with the overseas,

Marie-Luce Penchard

(1) Preparatory work: Act No. 2010-2. National Assembly: Bill No. 1696; Report of Mr. Patrice Calméjane, on behalf of the defence commission, No. 1768; Discussion on June 25, 2009 and adoption, after an accelerated procedure, on June 30, 2009 (TA No. 308). Senate: Bill, passed by the National Assembly, No. 505 corrected (2008-2009); Report of Mr. Marcel-Pierre Cléach, on behalf of the Foreign Affairs Committee, No. 18 (2009-2010); Text of Commission No. 19 (2009-2010) Discussion and adoption on October 14, 2009 (TA No. 5, 2009-2010). National Assembly: Bill No. 1984; Report of Mr. Patrice Calméjane, rapporteur, on behalf of the Joint Joint Committee, No. 2098; Discussion and adoption on 22 December 2009 (TA No. 389). Senate: Report of Mr. Marcel-Pierre Cléach, rapporteur, on behalf of the Joint Joint Parity Commission, No. 122 (2009-2010); Discussion and adoption on 22 December 2009 (TA No. 49, 2009-2010).
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