Key Benefits:
The Prime Minister,
On the report of the Minister of Defence,
Vu le Administrative Justice Code ;
Vu la Act No. 71-498 of 29 June 1971 amended on judicial experts, including article 2;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Vu la Act No. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests;
Vu le Decree No. 2006-672 of 8 June 2006 amended on the establishment, composition and functioning of administrative advisory committees, including articles 9-14;
Having regard to the advice of the Superior Council of Administrative Courts and Administrative Courts of Appeal of 9 December 2009;
The State Council (Section of Administration) heard,
Decrete:
The list of diseases mentioned in theArticle 1 of the Act of 5 January 2010 referred to above is annexed to this Decree.
I. ― The Sahara areas mentioned in 1° of Article 2 of the Law of 5 January 2010 referred to above are those that are listed, on the one hand, in an angular area of 10 degrees centered on the point (0 degree 3 minutes 26 seconds west, 26 degrees 18 minutes 42 seconds north), between the azimut 100 degrees and the aazimut 110 degrees over a distance of 350 kilometers, and on the other hand, in an angular area of 40 degrees centered on the point (5 degrees 2 minutes 30 seconds is, 24 degrees 3 minutes 0 second north), including
II. ― The zones of French Polynesia mentioned in 2° of Article 2 of the Law of 5 January 2010 referred to above are those that are listed in an angular area of 100 degrees centered on Mururoa (21 degrees 51 minutes south, 139 degrees 01 minute west), including between the azimut 15 degrees and the aazimut 115 degrees over a distance of 560 kilometers, including the islands and atolls of Reao, Pukarua, Tureia and the Gambiar archipelago.
III. ― The areas of the Hao atoll mentioned in 3° of Article 2 of the Law of 5 January 2010 referred to above are the decontamination centre of the aircraft and staff, the intervention and decontamination centre and the technical centre.
IV. ― The Isle of Tahiti areas mentioned in 4° of Article 2 of the Law of 5 January 2010 referred to above are the commune of Taiarapu-Est (including the associated communes of Faaone, Afaahiti-Taravao, Pueu and Tautira), the commune of Taiarapu-Ouest (including the associated communes of Teahupoo, Vairao and Toahotu) and, in the commune of Hitia'a O Te Ra, the associated commune of Hitia'a.
The compensation committee established by theArticle 4 of the Act of 5 January 2010 referred to above is composed:
1° From a President, State Councillor or Councillor to the Court of Cassation, assisted by a Vice-President who pleads him as necessary;
2° Two personalities designated by the Minister of Defence for three years, including at least one doctor;
3° Two personalities designated for three years by the Minister for Health, including at least one doctor chosen because of his competence in the field of radiopathology;
4° Three qualified personalities designated jointly by the Minister of Defence and the Minister of Health for three years, including a doctor selected on the basis of his/her competence in the field of radiopathology and a doctor selected on the basis of his/her competence in the field of compensation for bodily harm; one of them ensures the deputy chair of the compensation committee.
The President shall be 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 joint order of the Minister of Defence and the Minister for Health.
Members of the compensation committee with the medical status are appointed on the proposal of the High Council for Public Health.
The committee secretariat is provided by the Department of Defence.
The file submitted by the applicant includes:
1° Any document to attest that it is affected by one of the diseases on the list annexed to this decree;
2° Any document to attest that he has resided or stayed in the areas and during the periods mentioned in theArticle 2 of the Act of 5 January 2010 referred to above ;
3° Where applicable, any documents relating to the other proceedings initiated by the applicant with respect to the compensation of the same damages and the supporting documentation of benefits and allowances received as such;
4° All elements to inform the committee in the instruction of the file.
Requests are sent by registered letter with a request for notice of receipt to the secretariat of the Compensation Committee, which acknowledges receipt of the application. If the file is incomplete, it invites the applicant to address the missing items.
The committee secretariat shall record the complete file, which shall make the deadlines set out in theArticle 4 of the Act of 5 January 2010 referred to above. It shall promptly inform the applicant of the completeness of its file by registered letter with a request for a notice of receipt.
The applicant may be assisted by a person of his or her choice at all stages of the proceedings.
He may at any time submit written comments and be informed of the status of the proceedings. He receives a communication of any material on his file that may be taken into account by the compensation committee.
The committee can conduct expertise. When deciding on medical expertise, the physician responsible for conducting the expertise is selected, depending on his or her competence in the field concerned, on the national list of experts mentioned by the second paragraph of section 2 of the above-mentioned Act of 29 June 1971. The costs of these expertise are borne by the Ministry of Defence.
When the committee uses medical expertise, the applicant is summoned at least 15 days before the date of the examination, by registered letter with a request for notice of receipt. He is informed of the identity and title of the physicians responsible for doing so, as well as the subject matter, date and place of the examination. He can be assisted by a doctor of his choice.
The travel costs of the applicant are borne by the Ministry of Defence.
The report of the medical expert responsible for the examination of the applicant must be sent within twenty days to the compensation committee by registered letter with a request for notice of receipt and to the applicant, through the doctor whom he designates, and, where appropriate, to the doctor who attended it.
Presumption of causation II of Article 4 of the Act of 5 January 2010 referred to above shall be granted to the applicant when he suffers from any of the radio-induced diseases referred to in the appendix to this Order and has resided or stayed in any of the areas defined inArticle 2 of the Act of 5 January 2010 referred to above and Article 2 of this Decree. This presumption can only be ruled out if the risk attributable to nuclear testing can be considered negligible in relation to the nature of the disease and the conditions of exposure to ionizing radiation.
The compensation committee determines the method it retains to make its recommendation to the Minister based on the methodologies recommended by the International Atomic Energy Agency.
The documentation on the methods used by the compensation committee is made available to applicants.
The sessions of the Compensation Committee are governed by the provisions of sections 9 to 14 of the above-mentioned Decree of 8 June 2006.
I. ― The applicant shall notify by registered letter with a request for notice of receipt whether or not it accepts the offer of compensation made to it by the Minister of Defence.
II. ― The absence of a decision by the Minister of Defence within six months of the registration of the claim by the Compensation Committee shall be denied. This is extended by two months when the committee uses medical expertise.
In the first year following the coming into force of the Law 5 January 2010, the absence of a decision by the Minister of Defence within ten months of the registration of the claim by the Compensation Committee is deemed to be denied. This is also extended by two months when the committee uses medical expertise.
After section R. 312-14 of the Administrative Justice Code, an article R. 312-14-2 is inserted as follows:
"Art.R. 312-14-2.- Disputes relating to decisions referred to in III of Article 4 of Law No. 2010-2 of 5 January 2010 relating to the recognition and compensation of victims of French nuclear tests fall within the jurisdiction of the administrative tribunal of the applicant's place of residence at the time of the application. »
The Chair of the Compensation Committee submits a report to the Minister of Defence each year that tracks the committee's activity.
The sessions of the Consultative Committee on the Monitoring of the Consequences of Nuclear Tests referred to in theArticle 7 of the Act of 5 January 2010 referred to above are governed by the provisions of Articles 9 to 14 of the above-mentioned Decree of 8 June 2006.
The representative of the Minister of Defence and representatives of representative associations of victims and qualified personalities are appointed for a period of three years by order of the Minister of Defence.
Representatives of Ministers for Foreign Affairs, Health and Overseas shall be appointed for a period of three years by joint decrees of the Minister of Defence and, respectively, Ministers for Foreign Affairs, Health and Overseas.
The commission is chaired by the Minister of Defence or his representative.
Depending on the order of the day, the Chairperson may make the commission hear any person whose hearing appears to be useful and solicit any qualified third party a notice or consultation.
The committee secretariat is provided by the Ministry of Defence.
The Minister of State, the Minister of Justice and Freedoms, the Minister of Foreign and European Affairs, the Minister of the Interior, the Overseas and Territorial Authorities, the Minister of Defence, the Minister of Health and Sports, the Minister of Budget, Public Accounts and State Reform, and the Minister of the Interior, the Overseas Minister, the Minister of Public Administration and the local authorities who are published
A N N E X E
LIST OF RADIO-INDUITED MALADIES IN ARTICLE 1 LOI N° 2010-2 DU 5 JANVIER 2010 RELATING TO THE RECOGNIZATION AND INDEMNISATION OF NUCLEAR TEST VICTIMS
Disease designation
Leukemia (except chronic lymphoid leukemia as considered non-radio-induced).
Breast cancer (in woman).
Thyroid body cancer for exposure during the growth period.
Skin cancer except malignant melanoma.
Lung cancer.
Cancer of the colon.
Cancer of salivary glands.
Cancer of esophagus.
Stomach cancer.
Liver cancer.
Cancer of bladder.
UFO cancer.
Brain cancer and central nervous system.
Cancer of bones and connective tissue.
Cancer of the uterus.
Cancer of the small intestine.
Rectum cancer.
Kidney cancer.
Done in Paris, June 11, 2010.
François Fillon
By the Prime Minister:
Minister of Defence,
Hervé Morin
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister for Foreign Affairs
and European,
Bernard Kouchner
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and state reform,
François Baroin
The Minister to the Minister of Interior,
the overseas and territorial authorities,
loaded with the overseas,
Marie-Luce Penchard
