Law On Civil Liability For Nuclear Damage

Original Language Title: Ley de Responsabilidad Civil por Daños Nucleares

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Civil Liability Law for Nuclear Damage

CIVIL LIABILITY LAW FOR NUCLEAR DAMAGE

Official Journal of the Federation December 31, 1974

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

LUIS ECHEVERRIA ALVAREZ, Constitutional President of the United Mexican States, to its inhabitants, known:

That the H. Congress of the Union has served to address the following

D E C R E T O:

" The Congress of the United Mexican States, decrees:

CIVIL LIABILITY LAW FOR NUCLEAR DAMAGE.

FIRST CHAPTER

Object and Definitions

ARTICLE 1.- This law is intended to regulate civil liability for damages that may be caused by the use of nuclear reactors and the use of substances and nuclear fuels and waste from them.

ARTICLE 2.- The provisions of this law are of social and public interest and govern throughout the Republic.

ARTICLE 3.- For the purposes of this law it is understood:

a).-Nuclear accident. The fact or succession of facts that have the same origin and caused nuclear damage;

b).-Nuclear fuel. The substances that can produce energy by means of a nuclear fission process;

c).-Nuclear Damage. The loss of human life, bodily injury and damage and material damage resulting from the direct or indirect result of radioactive properties or their combination with toxic, explosive or other properties dangerous properties of nuclear fuels or of radioactive products or wastes which are in a nuclear installation, or of the dangerous nuclear substances produced therein, emanating from it, or consigned to it;

d).-Atomic Energy. All energy left in the wild during nuclear procedures;

e).-Operator of a nuclear installation. The person designated, recognised or authorised by a State in whose jurisdiction the nuclear installation is located;

f).-By nuclear installation:

1.- The nuclear reactor, other than that used as a source of energy in a means of transport;

2.- factories using nuclear fuels to produce dangerous nuclear substances and the factory in which they are treated, including facilities for the regeneration of irradiated nuclear fuels; and,

3.- The place of storage of dangerous nuclear substances, except where the substances are provisionally stored on the occasion of their transport.

It is considered as a single nuclear installation to a group of facilities located in the same place;

g).-Product or radioactive waste. The radioactive material, produced during the process of production or use of nuclear fuels or whose radioactivity has originated from exposure to radiation inherent in such a process;

h).-Nuclear reactor. The device containing nuclear fuels, arranged in such a way that a nuclear fission process can take place within it, without the need for an additional neutron source;

i).-Remesa of nuclear substances. The dispatch of those that are dangerous, including their transport by land, air, or water, and their temporary storage on the occasion of transport; and,

j).-Dangerous nuclear substance:

1.- Nuclear fuel, other than natural uranium and depleted uranium, which, by itself or in combination with other substances, may cause a nuclear fission process outside a nuclear reactor.

2.- The radioactive products or wastes, except for processed radioisotopes which are found outside a nuclear installation, and are used or intended for use for medical, scientific, agricultural, commercial or industrial purposes.

CHAPTER SECOND

From Civil Liability for Nuclear Damage

ARTICLE 4.- The civil liability of the operator for nuclear damage is objective.

ARTICLE 5.- The operator shall be liable for damage caused by a nuclear accident occurring in a nuclear facility at his or her expense, or, in which substances are involved. dangerous nuclear materials produced in such a facility provided that they are not part of a consignment of nuclear substances.

ARTICLE 6.- The operator of a facility will be responsible for damage caused by a nuclear accident, by the nuclear substance consignment:

I.- Until such substances have been discharged from the respective means of transport in the agreed place or in the place of delivery; and

II.- Until another operator of a different nuclear facility has assumed this responsibility by contract.

The provisions of this article are also applicable to the remittance of nuclear reactors.

ARTICLE 7.- The carrier or carrier may assume the responsibilities that correspond to the operator in respect of nuclear substances as long as it satisfies the requirements established by this law and its regulations.

ARTICLE 8.- When the responsibility for nuclear damage falls on more than one operator, everyone will be jointly and severally responsible.

ARTICLE 9.- The liability of all operators shall not exceed the maximum limit set in this law.

ARTICLE 10.- At any table of nuclear substances the operator shall issue a certificate stating its name, address, class and quantity of nuclear substances, and the amount of civil liability established by law. In addition, it shall accompany the certificate, the declaration of the competent authority stating that it fulfils the legal conditions inherent in its quality of operator. It shall also deliver the certificate issued by the insurer or the person who has granted the financial guarantee. The person who has extended or made to extend the consignment certificate shall not be able to challenge the data established therein.

When the operator is an official agency or agency, it shall not be necessary for the certificate to be accompanied by the annexes referred to in the preceding paragraph.

ARTICLE 11.- The operator shall have no responsibility for nuclear damage, when nuclear accidents are directly resulting from actions of war, invasion, insurrection or other acts of war, or natural disasters, which result in the nuclear accident.

ARTICLE 12.- When damage has been caused in all or part by a nuclear accident and other or other miscellaneous events, it cannot be determined with certainty that part of the damage Each of these causes, it is considered that all the damage is due exclusively to the nuclear accident.

ARTICLE 13.- If the operator proves that the person who suffered the nuclear damage produced them or contributed to them for inexcusable negligence or for intentional action or omission, the (a) competent court, taking into account the circumstances of the case or the victim, shall, in whole or in part, exonerate the operator of the obligation to compensate for the damage suffered.

THIRD CHAPTER

The Liability Limit

ARTICLE 14.- It is set as the maximum amount of the operator's liability to third parties, for a given nuclear accident, the sum of one hundred million pesos.

With regard to nuclear accidents occurring in a given nuclear facility within a period of 12 consecutive months, the sum of one hundred and ninety-five months is set as a limit Five million pesos.

The amount indicated in the preceding paragraph includes the amount of liability for nuclear accidents occurring within that period when in the accident they are involved any dangerous nuclear substances or any consignment of nuclear substances intended for installation or from the installation and for which the operator is responsible.

ARTICLE 15.- The carrier or carrier when it assumes responsibility for nuclear accidents, must guarantee the risks of the same during the transit, in the same form and terms required of the operator.

ARTICLE 16.- When nuclear damage is the effect of simultaneous accidents involving two or more shipments of dangerous nuclear substances transported in the same means of transport or provisionally stored in the same place on the occasion of transport, the overall responsibility of the persons jointly and severally responsible shall not exceed the highest individual limit, nor the responsibility of each of them be higher than the limit set on your own table.

ARTICLE 17.- The maximum amount of the liability, shall not include the legal interests or the costs established by the competent court in the judgments given in respect of nuclear damage.

ARTICLE 18.- The amount of economic liability for personal nuclear damage is:

a).- In case of death the amount of the general minimum wage in force in the Federal District multiplied by a thousand;

b).- In the event of total incapacity the salary indicated in point (a) multiplied by a thousand five hundred; and,

c).- In the event of partial incapacity, the salary referred to in point (a) multiplied by five hundred.

The amount of this compensation shall not exceed the maximum limit set in this law and shall be applied on a pro rata basis.

The damages of this nature caused to workers of the person responsible will be compensated in the terms of the labor laws applicable to the case.

CHAPTER FOURTH

From Prescription

ARTICLE 19.- The right to claim compensation from the operator for nuclear damage shall be prescribed within ten years from the date on which the nuclear accident.

ARTICLE 20.- When nuclear damage occurs for nuclear fuels, products or radioactive waste that has been the object of theft, loss, echazon or abandonment, the time limit set in the previous Article shall be counted from the date on which the accident occurred.

ARTICLE 21.- The limitation period shall be fifteen years computed from the date of the nuclear accident, when bodily nuclear damage occurs. mediates that do not involve loss of life or immediate objective knowledge.

ARTICLE 22.- The action for nuclear damages exercised in time before the competent court, may be extended by the aggravation of the damages produced, before it is pronounced Final judgment.

CHAPTER QUINTO

General Provisions

ARTICLE 23.- Public entities or entities are exempt from granting insurance and financial guarantees to guarantee the damages to which this law refers.

ARTICLE 24.- The operator will have only repeat right:

I.- Against the natural person who, by intentional acts or omissions caused nuclear damage;

II.- Against the person who has contractually accepted it, for the amount set out in the contract itself; and,

III.- Against the carrier or carrier who, without the consent of the operator, has carried out the transport, unless it has been intended to save or attempt to save lives or property.

ARTICLE 25.- The Federal Courts of the defendant's domicile, will know according to the rules of the Federal Code of Civil Procedures, of the controversies that They shall be subject to the application of this law.

ARTICLE 26.- The foreign definitive judgments issued for nuclear damages will not be recognized or executed in the Mexican Republic, in the following cases:

I.- When the judgment was obtained by means of fraudulent procedure, or, by collusion of litigants;

II.- When the defendant or the party against whom the defendant was pronounced violated individual guarantees;

III.- When it is contrary to national public order; and,

IV.- When the jurisdiction of the case, it must have been the Federal Courts of the Mexican Republic.

ARTICLE 27.- The operator of a nuclear facility is required to immediately inform the competent federal authorities of the occurrence of any nuclear accident. or any loss or theft of substances or radioactive materials.

Equal obligation will have anyone who has knowledge of these facts.

ARTICLE 28.- They are null and void, conventions or contracts that exclude or restrict the liability established by this law.

ARTICLE 29.- According to this law and according to its terms, the Secretariat of the Interior, will coordinate the activities of the Public Sector Dependencies, Federal, State and Municipal, as well as that of private bodies, for assistance, evacuation and security measures, in areas where a nuclear accident is foreseen or occurs.

ARTICLE 30.- The regulation of this Law will establish the security bases in the nuclear facilities; of income or access; egress or exit of all its personnel including the unionized; and all others that are required for the execution of this Law.

ARTICLE 31.- The provisions of this law are applicable only to the cases expressly provided for therein.

TRANSIENT ARTICLE:

This law shall enter into force on the day following its publication in the Official Journal of the Federation.

Mexico, D. F., at December 29, 1974.-"Year of the Federal Republic and the Senate."- Pindaro Uriostegui Miranda, D.P.- Francisco Luna Kan, S.P.- Feliciano Calzada Padrón, D. S.- Agustin Ruiz Soto, S.S.-rubrics.

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the present Decree, in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-nine days of December of a thousand nine hundred and seventy-four.-"Year of the Federal Republic and the Senate."- Luis Echeverria Alvarez.-Heading.-The Secretary of Government, Mario Moya Palencia.- Heading.-The Secretary of Finance and Public Credit, José López Portillo.-Heading.-The Secretary of the National Heritage, Horacio Flores de la Peña.-Heading.-The Foreign Secretary, Emilio O. Rabasa.- Heading.