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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Establishing implementing legislation Decree No. 2010-653 of June 11, 2010, made under the Act for the recognition and compensation for the victims of french nuclear testing Decree No. 2010-653 of June 11, 2010, made under the Act for the recognition and compensation for the victims of french nuclear testing Decree No. 2010-860, July 23, 2010 , by the Ministry of defence, treatment automated of "compensation for victims of nuclear testing" referred to as personal data Decree No. 2014 - 1049 of 15 September 2014 on recognition and compensation for the victims of french nuclear testing summary Modification of the general tax code.
Keywords defence, CODE GÉNÉRAL des IMPÔTS, CGI, nuclear tests English, test nuclear atmospheric test nuclear underground, victim, recognition, radiation-induced disease, exposure, radiation IONIZER, test nuclear, area geographical, international scientific community, repair complete, PREJUDICE, entitled, personal claim, compensation Committee, jurisdiction, period of INSTRUCTION, compensation, payment in CAPITAL, COMMISSION CONSULTATIVE DE monitoring of CONSEQUENCES of testing nuclear, COMPOSITION, Member, use JURIDICTIONNEL, draft Act records legislative Dossier legislative Bill No. 2010-2 January 5, 2010 JORF n ° 0004 of January 6, 2010 page 327 text no. 1 Act No. 2010-2 January 5, 2010 relating to the recognition and compensation for 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 have adopted, the President of the Republic enacts the law whose content follows : Article 1 more on this article...

Any person suffering from a radiation-induced illness due to exposure to ionizing radiation due to nuclear testing french and entered on a list laid down by Decree in Council of State in accordance with the work recognized by the international scientific community may obtain full compensation for the damage under the conditions provided by this Act.
If the person is deceased, the claim for compensation may be made by his successors.


Article 2 more on this article...

The person suffering from a radiation-induced pathology must have resided or stayed: 1 ° between February 13, 1960 and December 31, 1967, in downtown Saharan military experiments, or between November 7, 1961 and December 31, 1967, in the Centre of military experiments in oases or in peripheral areas of these centres;
2 ° or between July 2, 1966 and December 31, 1998 in the atolls of Mururoa and Fangataufa, or between July 2, 1966 and December 31, 1974 in areas exposed to French Polynesia listed in an angular area.
3 ° or between July 2, 1966 and December 31, 1998, in certain areas of the atoll of Hao.
4 ° or between 19 July 1974 and December 31, 1974, some areas of the island of Tahiti.
A decree in Council of State delimits the outermost regions referred to in 1 °, areas appearing in the angular area mentioned in 2 °, as well as the areas mentioned at the 3 ° and 4 °.


Article 3 read more on this article...

The applicant can demonstrate, if necessary with the assistance of the Ministry of defence and other authorities concerned, that the person referred to in article 1 has lived or stayed in the zones and during the periods referred to in article 2 and that she is suffering from one of the diseases on the list drawn up in accordance with article 1.


Article 4 more on this article...

I. ― the individual claims are subject to a compensation Committee, chaired by a Councillor of State or advisor to the Court of cassation and including medical experts appointed jointly by the Ministers responsible for defence and health on the proposal of the High Council of the public health.
Dependants of persons referred to in article 1 who died prior to the enactment of this Act may seize the indemnity Committee within a period of five years from the enactment.
II. — this Committee shall examine whether the conditions of compensation exist. When they are, the person concerned enjoys a presumption of causation unless only in relation to the nature of the disease and its exposure the risk attributable to nuclear test conditions can be considered negligible.
The Committee proceeds or proceeded to any scientific or medical useful, without allow him against privilege.
It may require of any service of the State, public authority, managing body of social benefits or insurer communication of all information necessary for the processing of the application. This information may be used for other purposes than the latter.
The members of the Committee and designated officers to assist them must be authorised under the conditions defined for the purposes of article 413-9 of the criminal code, to know information referred to in the preceding paragraphs.
In the context of the examination of applications, the Committee respects the principle of audi alteram partem. The applicant may be assisted by a person of his choice.
III. — in the four months following the registration of the application, the Committee presents to the Minister of defence a recommendation on the follow-up that should give him. This period may be extended to six months where the Panel uses medical expertise. Within a period of two months, the Minister, in the light of this recommendation, notifies its offer of compensation to the person concerned or the rejection reasons for his request. He joined the Committee's recommendation to the notification.
Within one year of the enactment of this Act, statement by the Committee for compensation times are credited to eight months from the registration of the application.
IV. — the composition of the Compensation Committee, his organization, items that must contain the file submitted by the applicant, as well as the modalities of education applications and such modalities allowing compliance with the adversarial and defence rights are laid down by Decree in Council of State.


Article 5 read more on this article...

The compensation is paid in the form of capital.
Any compensation already collected by the applicant at the same heads of injury, and in particular the amount updated possibly granted pensions, is deducted from amounts paid in respect of the compensation provided by this Act.


Article 6 read more on this article...

The acceptance of the offer of compensation is worth transaction within the meaning of article 2044 of the civil code and Disclaimer of any pending legal action. It renders inadmissible any legal action for compensation for the same losses.


Article 7 read more on this article...

The Minister of defence meets at least twice per year a consultative commission on monitoring of the consequences of the nuclear tests. 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 of defence, of health, of the overseas and Foreign Affairs, the president of the Government of French Polynesia, its representative, the president of the Assembly of French Polynesia or its representative, two members of Parliament, two senators, five representatives of the associations of victims of the CTBT as well as four scientists qualified in this area.
The commission is consulted on the monitoring of the application of this act as well as of any changes in the list of radiation-induced diseases. As such, it can make recommendations to the Minister of defence and the Parliament.
A decree in Council of State sets out the terms of appointment of members and the principles of functioning of the commission.


Article 8 more on this article...

After the 33 ° bis of article 81 of the general tax code, inserted a 33 ° ter reading as follows: '33 ter ° allowances paid to persons with radiation-induced diseases or their dependants under the Act No. 2010-2 January 5, 2010 relating to the recognition and compensation for the victims of french nuclear testing;'.
This Act will be enforced as law of the State.


Done at Paris, on January 5, 2010.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of State, keeper of the seals, Minister of justice and freedoms, Michèle Alliot-Marie the Minister of the Interior, of the overseas and territorial collectivities, Brice Hortefeux the Minister of budget, public accounts, public service and State reform, Eric Woerth the Minister of defence , Hervé Morin the Minister of health and sport Roselyne Bachelot-Narquin Minister to the Minister of the Interior, of the overseas and local authorities, responsible of the overseas territories, Marie - Luce Penchard (1) preparatory work: Act No. 2010-2.
National Assembly: Bill No. 1696;
Report by Mr Patrice Calméjane, on behalf of the defence, no. 1768;
June 25, 2009 discussion and adoption, after commitment from the accelerated procedure, June 30, 2009 (TA No. 308).
Senate: Bill, adopted by the National Assembly, no. 505 corrected (2008-2009);

Report of Mr. Marcel - Pierre Cléach, on behalf of the Committee of Foreign Affairs, no. 18 (2009-2010);
Text of the commission No. 19 (2009-2010);
Discussion and adoption (TA No. 5, 2009-2010), October 14, 2009.
National Assembly: Bill No. 1984;
Report by Mr Patrice Calméjane, rapporteur, on behalf of the joint mixed commission, no. 2098;
Discussion and adoption on December 22, 2009 (TA No. 389).
Senate: Report of Mr. Marcel-Pierre Cléach, rapporteur, on behalf of the joint mixed commission, no. 122 (2009-2010);
Discussion and adoption on December 22, 2009 (TA No. 49, 2009-2010).