Decree No. 2010 - 653 Of June 11, 2010 Taken In Application Of The Law On The Recognition And Compensation For Victims Of French Nuclear Tests

Original Language Title: Décret n° 2010-653 du 11 juin 2010 pris en application de la loi relative à la reconnaissance et à l'indemnisation des victimes des essais nucléaires français

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Abstract text fully repealed from the installation of the indemnity Committee of victims of nuclear testing in the conditions laid down by article 54 of law No. 2013 III - 1168 of December 18, 2013 (by Decree No. 2014 - 1049 of 15 September 2014).
Keywords defence, nuclear tests English, test nuclear atmospheric test nuclear underground, victim, recognition, radiation-induced disease, list, 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, operation, use JURIDICTIONNEL JORF n ° 0135 June 13, 2010 page 10913 text no. 10 Decree No. 2010-653 of June 11, 2010, taken under the Act on the recognition and compensation for victims of french nuclear tests NOR: DEFD1003922D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/6/11/DEFD1003922D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/6/11/2010-653/jo/texte Prime Minister, on the report of the Minister of defence, having regard to the code of administrative justice;
Having regard to Act No. 71-498 June 29, 1971 as amended relating to judicial experts, particularly article 2 thereof;
Having regard to law no 2000 - 321 of 12 April 2000, amended on the rights of the citizens in their relations with Governments;
Pursuant to law n ° 2010 - 2 January 5, 2010 relating to the recognition and compensation for victims of french nuclear tests;
Having regard to Decree No 2006-672 of 8 June 2006 amended relating to the creation, composition and the functioning of administrative commissions with advisory status, particular articles 9 to 14.
Having regard to the opinion of the Higher Council of administrative courts and administrative courts of appeal on December 9, 2009;
The Council of State (administration section) heard, enacts as follows: Article 1 more on this article...

The list of diseases referred to in article 1 of the aforementioned law of January 5, 2010 is annexed to this Decree.


Article 2 more on this article...

I. ― areas of Western Sahara referred to in 1 ° of article 2 of the aforementioned law of January 5, 2010 are those that are listed, on the one hand, in an angular area of 10 degrees centred on the point (0 degree 3 minutes 26 seconds West, 26 degrees 18 minutes 42 seconds North), between the 100 degrees azimuth and azimuth 110 degrees on a distance of 350 km , and, on the other hand, in a 40-degree angular area centered on point (5 degrees 2 minutes 30 seconds, 24 degrees 3 minutes 0 seconds North) ranging from an azimuth of 70 degrees and azimuth 110 degrees on a distance of 40 kilometers and extended along the azimuth of 90 degrees by a rectangular area of length 100 kilometres.
II. — the French Polynesia areas mentioned in 2 ° of article 2 of the law of January 5, 2010 above are those that are listed in a 100 degrees angular area centred on Mururoa (21 degrees 51 minutes south, 139 degrees 01 minute West), between the bearing 15 degrees and azimuth 115 degrees on a distance of 560 km, including Islands and atolls of Reao , Pukarua, Tureia and the Gambier archipelago.
III. ― the Hao atoll areas mentioned in 3 ° of article 2 of the aforementioned law of January 5, 2010 are the center of decontamination of equipment and personnel, the centre intervention and decontamination and technical centre.
IV. ― areas of the island of Tahiti mentioned in 4 ° of article 2 of the law of 5 January 2010 above are the commune of Taiarapu-Est (including the associated communes of Faaone, Glendale-Taravao, Pueu and Tautira), the commune of Taiarapu-Ouest (including Commons associated Teahupoo, Vairao and Toahotu) and, in the commune of Hitiaa 'a O Te Ra, the associated commune of Hitiaa'.


Article 3 read more on this article...

The Compensation Committee established by article 4 of the aforementioned law of January 5, 2010 comprises: 1 ° of a president, State Advisor or Counsellor at the Court of cassation, assisted by a vice-president who prevented it as necessary;
2 ° two personalities designated by the Minister of defence for three years, including at least a doctor;
3 ° to two figures designated for three years by the Minister of health, at least a doctor chosen because of its competence in the field of the radiopathologie;
4 ° of three qualified persons designated jointly by the Minister of defence and the Minister of health for three years, which a doctor chosen because of its competence in the field of the radiopathologie and a doctor chosen because of its competence in the field of repair of the injury; one of them holds the vice-chairmanship of the Committee for compensation.
The Chair is appointed for three years on the proposal of the vice-president of the Council of State or the first president of the Court of cassation, by the Minister of defence joint order and the Minister responsible for health.
Members of the indemnity Committee having the quality of doctor are appointed on the proposal of the High Council of the public health.
The secretariat of the Committee is provided by the services of the Ministry of defence.


Article 4 more on this article...

The dossier presented by the applicant includes: 1 ° any document to verify that it suffers from one of the diseases contained in the list annexed to this Decree;
2 ° any document to verify that it has resided or stayed in the zones and during the periods mentioned in article 2 of the aforementioned law of January 5, 2010;
3 ° where applicable, all records relating to other proceedings by the applicant regarding compensation for the same losses and documentary evidence of the benefits and allowances earned under this heading;
4 ° all elements likely to enlighten the Committee in investigating the case.


Article 5 read more on this article...

The requests are sent by registered letter with request for acknowledgement of receipt to the secretariat of the Compensation Committee, acknowledging receipt of the filing of the application. If the record is incomplete, it invites the applicant to submit the missing pieces.
The secretariat of the Committee shall carry out the recording of the complete dossier, which is running the time limits provided for in article 4 of the aforementioned law of January 5, 2010. He forthwith notify the applicant of the full nature of his file by registered letter with request for acknowledgement of receipt.
The applicant may be assisted by a person of his choice at all stages of the procedure.
It may at any time make written submissions and be informed of the status of the procedure. He receives communication from any piece placed his file and may be taken into account by the Compensation Committee.


Article 6 read more on this article...

The Committee may make expertise. When deciding a medical expertise, the doctor responsible for conducting expertise is selected, depending on jurisdiction in the interested field, on the national list of experts referred to in the second paragraph of article 2 of the aforementioned law of June 29, 1971. Costs related to these expertises are the responsibility of the Ministry of defence.
When the Panel uses medical expertise, the applicant is convened 15 days prior to the date of the examination, by registered letter with request for acknowledgement of receipt. He is informed of the identity and the titles of doctors to proceed, as well as object, the date and place of examination. He may be assisted by a doctor of his choice.
The applicant travel expenses are the responsibility of the Ministry of defence.
The report of the medical expert for examination of the applicant must be sent within 20 days to the Compensation Committee by registered letter with request for acknowledgement of receipt as well as the applicant, through the physician designate, and, where appropriate, to the doctor who assisted him.


Article 7 read more on this article...

The presumption of causation in the II of article 4 of the aforementioned law of January 5, 2010 benefits to the applicant when it suffers from one of the radiation-induced diseases referred to in the annex to this order and that he has resided or stayed in one of the areas defined in article 2 of the law of 5 January 2010 above and in article 2 of this Decree. This presumption may be overturned if the risk attributable to nuclear testing can be considered negligible with regard to the nature of the disease and the conditions of exposure to ionizing radiation.
The Compensation Committee determines the method that it retains to formulate its recommendation to the Minister based on methodologies recommended by the International Atomic Energy Agency.
The documentation for the methods used by the Compensation Committee was held at the disposal of applicants.


Article 8 more on this article...

The meetings of the Compensation Committee are governed by the provisions of articles 9 to 14 of the Decree of 8 June 2006 referred to above.


Article 9 read more on this article...

I. ― the applicant made known by registered letter with request for acknowledgement of receipt if he accepts or not the offer of compensation that it is made by the Minister of defence.

II. — the absence of decision of the Minister of defence within the period of six months from the registration of the application by the Compensation Committee's rejection of the application. This period shall be extended by two months where the Panel uses medical expertise.
During the first year following the entry into force of the Act on January 5, 2010 above, lack of decision of the Minister of defence within the period of ten months from the registration of the application by the Compensation Committee is rejection of the application. This period is also extended for two months when the Panel uses medical expertise.


Article 10 more on this article...

After article R. 312 - 14 of the code of administrative justice, it is inserted an article R. 312-14-2 worded as follows: 'Art.R. «312 14-2.-disputes regarding the decisions referred to in III of article 4 of Act No. 2010 - 2 of 5 January 2010 relating to the recognition and compensation for victims of french nuclear tests under the jurisdiction of the administrative tribunal of the place of residence of the applicant at the time of the submission of the application. ".


Article 11 read more on this article...

The Chairman of the Compensation Committee presents annually to the Minister of defence a report outlining the work of the Committee.


Article 12 read more on this article...

The meetings of the advisory commission of monitoring the consequences of nuclear tests referred to in article 7 of the aforementioned law of January 5, 2010 are governed by the provisions of articles 9 to 14 of the Decree of 8 June 2006 referred to above.
The representative of the Minister of defence as well as representatives of associations representing victims and qualified persons are appointed for a period of three years by order of the Minister of defence.
The representatives of the Ministers for Foreign Affairs, health and it overseas are appointed for a period of three years by joint orders of the Minister of defence and, respectively, the Ministers responsible for Foreign Affairs, health and the overseas.
The commission is chaired by the Minister of defence or his representative.
Depending on the agenda, the president may be heard by the commission any person whose hearing seems useful and solicit any third party qualified advice or consultation.
The secretariat of the commission is provided by the Ministry of defence.


Article 13 read more on this article...

The Minister of State, custody of the seals, Minister of justice and freedoms, the Minister of Foreign Affairs and European, the Minister of the Interior, of the overseas and local authorities, the Minister of defence, the Minister of health and sports, the Minister of budget, public accounts and the reform of the State and the Minister to the Minister of the Interior , of the overseas and local authorities, responsible of the overseas, are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex A N N E X E list of diseases radiation-induced mentioned in the ARTICLE 1 of the Act No. 2010-2 of 5 January 2010 relating to the recognition and compensation for victims of nuclear French Designation of disease leukemia testing (except chronic lymphocytic leukemia because considered as non-radiation-induced).
Cancer of the breast (women).
Cancer of the thyroid body for an exhibition during the growth period.
Skin cancer except melanoma.
Lung cancer.
Colon cancer.
Cancer of the salivary glands.
Cancer of the esophagus.
Cancer of the stomach.
Cancer of the liver.
Cancer of the bladder.
Cancer of the ovary.
Cancer of the brain and central nervous system.
Cancer of the bones and connective tissue.
Cancer of the uterus.
Cancer of the small intestine.
Cancer of the rectum.
Cancer of the kidney.

Done at Paris, June 11, 2010.
François Fillon Prime Minister: Hervé Morin Minister of State, Minister of defence, keeper of the seals, Minister of justice and freedoms, Michèle Alliot-Marie the Minister of foreign and European Affairs, Bernard Kouchner the Minister of the Interior, of the overseas and local authorities, Brice Hortefeux the Minister of health and sport, Roselyne Bachelot-Narquin Minister of budget the public accounts and the reform of the State, François Baroin Minister to the Minister of the Interior, of the overseas and local authorities, responsible of the overseas territories, Marie - Luce Penchard

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