Liability Kernonfallen Liability

Original Language Title: Wet aansprakelijkheid kernongevallen

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Law of 17 March 1979, dealing with liability for damage caused by nuclear accidents

We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is necessary to regulate liability for damage caused by nuclear accidents in connection with the Treaty on European Union adopted in Paris on 29 July 1960. (i) civil liability in the field of nuclear energy and the Treaty of Amsterdam, which was established in Brussels on 31 January 1963, supplementing the former Treaty;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. Begripsmeasures

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Article 1

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  • 1 For the purpose of applying to or pursuant to this Act, the following definitions shall apply:

    Treaty of Paris: the Convention on Civil Liability in the Field of Nuclear Energy, established in Paris on 29 July 1960 ( Trb. Whereas this Treaty was amended by the Additional Protocol to this Treaty, signed in Paris on 28 January 1964 (2), Trb. 1964, 178) and Protocol to this Treaty, signed in Paris on 16 November 1982 ( Trb. 1983, 80);

    Brussels Convention: the Treaty of Amsterdam, which is to supplement the Treaty of Paris, adopted in Brussels on 31 January 1963 ( Trb. 1963, as amended by the Additional Protocol to this Treaty, signed in Paris on 28 January 1964 (2), Trb. 1964, point 179) and Protocol to this Treaty, signed in Paris on 16 November 1982 ( Trb. 1983, 81);

    Joint Protocol: the Joint Protocol on the application of the Vienna Convention and the Treaty of Paris, adopted in Vienna on 21 September 1988 ( Trb. 1988, 160);

    Nuclear, nuclear, plant, operator and damage nuclear plant, nuclear plant, nuclear plant, plant and This is understood by the Treaty of Paris.

  • 2 For the purposes of applying the provisions of the Treaty of Paris, the Brussels Convention and this Act, the operator of a nuclear plant situated in the Netherlands shall be deemed to be the person empowered to do so in the Netherlands. Establish, operate or maintain a nuclear installation. Loss of that competence by revocation or suspension of the licence or exemption concerned, does not lose the capacity of operator of a nuclear installation situated in the Netherlands to the extent to which liability for damage is concerned, caused by a nuclear accident involving the fissile materials or radioactive products or waste in respect of which he was responsible at the time of the loss or as a result of the loss of responsibility at that time. obligations would have become liable, one and the other until his liability as an operator has been taken over by another person.

Chapter II. Implementation of the Paris Convention

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Article 2

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In the application of the Paris Convention, the provisions of this Law shall be complied with.


Article 2a [ Enter into force at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article 3

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The Article 9 of the Treaty of Paris mentioned exclusion of liability for damage caused by a nuclear event directly attributable to a serious natural disaster of exceptional nature does not apply to the liability of the operator of a nuclear installation located in the Netherlands.


Article 4

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Any person who, in relation to damage caused by a nuclear accident for which the operator of a nuclear installation situated in the Netherlands is liable, has paid compensation under the provisions of another international the Paris and Brussels Conventions or other States ' laws shall obtain the rights under this law of the person who has suffered damage and to whom he has paid the damages up to the amount he has paid. Article 6, point (g) , the Treaty of Paris shall apply mutatis mutandis.


Article 5

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  • 1 The maximum amount of liability of the operator of a nuclear installation situated in the Netherlands shall be governed by Article 7, under (b) (i) of the Treaty of Paris, fixed at € 1.2 billion.

  • 2 The maximum amount referred to in paragraph 1 may be amended by means of a general measure of management, having regard to the possibilities of obtaining cover.

  • 3 In cases where, in the opinion of our Minister of Finance, the nature of the nuclear installation concerned or of the nuclear materials concerned, as well as the likely consequences of an accident involving them, In accordance with our Minister for Security and Justice and our Minister for Economic Affairs, it may be the maximum amount of the liability of the operator concerned, in accordance with the first and second paragraphs, to a lower amount.


Article 5a

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  • 1 Our Minister of Finance may, taking into account the decisions taken by the Board of Management pursuant to Article 1 (b) of the Treaty of Paris, exclude from the Netherlands nuclear installations from the application of that Convention, if the small size of the risks involved in relation to the costs of the Treaty obligations which are justified by its judgment. The decision to do so will be taken in accordance with our Minister of Security and Justice and Our Minister of Economic Affairs.

  • 2 In a decision on the basis of paragraph 1, the operator of the nuclear plant may be held liable for damage resulting from that decision no longer applies to the Paris Convention. The decision may also be subject to rules on the amount and form of such liability, as well as rules on the manner in which financial security is provided.


Article 6

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At the request of a carrier and with the consent of the operator of a nuclear installation situated in the Netherlands, our Minister of Finance may, if it is satisfied with the requirements of Article 10, under (a) , from the Paris Convention, that under conditions to be laid down by him, carrier will be liable to the place of that operator in accordance with the Paris Convention and this Act.


Article 7

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  • 1 Without prejudice to the time limits specified in the second, fourth and fifth paragraphs, a claim for damages shall be made by three years from the beginning of the day on which the person concerned or, if he is a legal representative, bears, bears, or reasonably has knowledge of the damage and of the liable operator.

  • 2 The right to compensation lapses:

    • a. In the case of damage to persons, if a legal claim is not brought within 30 years of the date of the nuclear event;

    • b. In respect of any other damage, if a legal claim has not been brought within ten years of the date of the nuclear event.

  • 3 For the liability of the operator in respect of all claims for damages instituted after a period of 10 years from the date of the nuclear accident, but before the expiry of a period of 30 years after the date of the nuclear accident, is entered into by the Minister of Finance insurance contracts or other guarantees provided for in the Article 9 .

  • 4 Legal claims for damages instituted after a period of 10 years after the date of the nuclear accident, without prejudice to the right to compensation of any person who has brought an action within that period.

  • 5 In the event of damage caused by a nuclear accident involving nuclear or radioactive material or waste which has been stolen, lost, shed or abandoned at the time of the accident, and have not been repossessed, expires the right to damages twenty years after the date of the theft, loss, recruitment or abandonment.


Article 8

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  • 1 The competent public authority referred to in Article 10 (a) and (b) , of the Paris Agreement, our Minister of Finance is.

  • 2 Our Minister of Finance may, in agreement with our Ministers, decide that two or more nuclear installations operated by the same operator in the same field, including any other building on the ground, may be the territory of which there is radioactive material for the purposes of the Paris Convention and of this Law is considered as a single nuclear plant.


Article 9

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If, in the opinion of our Minister of Finance, an operator of a nuclear installation situated in the Netherlands does not, or do not, provide sufficient financial security as referred to in Article 10, (a) Under the Paris Convention, or if, in the judgment of our Minister of Finance, this financial security is to be obtained only at an unreasonable level of premiums or remuneration, our Minister, the Minister, is authorized to apply to and, in the case of premiums or allowances, to be determined by the State as insurer insurance contracts or other guarantees on the State's behalf.


Article 10

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  • 1 In so far as the financial security referred to in Article 10 (b), (a) The resources available from the Paris Convention are not sufficient to compensate for damages, for which the operator of a nuclear installation situated in the Netherlands is liable, the State shall make available to that operator public funds. to the maximum amount of his liability.

  • 2 In so far as the lack of financial security referred to in paragraph 1 is due to the operator, the State shall be entitled to the operator's right of redress for the funds made available by it.

  • 3 To the amount which the State has made available to the operator pursuant to the first member from public funds, he shall have the right of story of the operator as referred to in Article 6. (f) -From the Paris Agreement. In exercising this right, the State shall have priority over the insurers or other persons, such financial security as referred to in Article 10, under (a) , of the Paris Convention, we have.


Article 11

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Acts of the insurers or other persons, providing financial security as referred to in Article 10 (1), (a) , of the Treaty of Paris, have been contrary to the provisions of Article 10, inter alia, (b) , of this Treaty, shall be null and void. The nullity shall be declared by the court of its own motion.

Chapter III. Implementation of the Brussels Convention

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Article 12

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The provisions of this Act shall be complied with in the application of the Brussels Convention.


Article 13

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In so far as it is Article 5 the maximum amount of that law is insufficient to compensate for damage as provided for in Article 2 of the Brussels Convention, for which the operator of a nuclear installation situated in the Netherlands under the Paris Convention is liable, the public funds provided for in Article 3 shall be b) (ii) and (iii) and f) , from the Brussels Convention for the reimbursement of those damages, other than to cover the liability of that operator.


Article 14

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The States, which have made available public funds pursuant to Article 3, inter alia b) (ii) and (iii) and f) , of the Brussels Convention, the amount thus made available shall be the right of the operator's right of redress as provided for in Article 6 (2) of the Treaty. (f) -From the Paris Agreement. In exercising this right those States shall take precedence over insurers or other persons, providing financial security as referred to in Article 10 (1). (a) , of the Paris Convention, we have.

Chapter IV. Additional provisions

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Article 15

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  • 1 The in Article 2 The restrictions on the scope of the Paris Convention do not apply to the liability of the operator of a nuclear plant situated in the Netherlands for damage:

    • a. incurred in the territory of a State party to the Paris Convention, irrespective of where the accident occurred;

    • b. It has been incurred in the territory of a State other than that specified in the A , party to the Joint Protocol, which is the result of a nuclear event occurring within the territory of a State Party to the Joint Protocol; or

    • c. No matter where it is suffered, which results from a nuclear event that occurred on the territory of the Netherlands.

  • 2 As far as the liability of the operator of a nuclear installation situated in the Netherlands is concerned, other exceptions may be made to the provision of Article 2 of the Paris Convention, other than that of the Member State of the Referred to in the first paragraph.

  • 3 If, within three months of the entry into force of a general measure of management as referred to in paragraph 2, we have forwarded to the States General a proposal of law amending this Act in accordance with that measure, or if such a proposal is withdrawn or rejected, we shall withdraw the measure without delay.


Article 16

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The Treaty of Paris and the Chapter I , II and V This law shall also apply in respect of nuclear installations situated in the Netherlands, which are not included in the list drawn up and maintained in accordance with Article 13 of the Brussels Convention, except that: maximum amount of liability referred to in Article 5 of this law, Article 3 shall apply: a) the amount of the amount referred to in the Brussels Convention.


Article 17

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  • 1 In respect of a nuclear accident which takes place in the territory of the Netherlands, the consignor and the carrier of the nuclear materials involved in that accident shall be the person who had been in possession at the time of the accident. qualified as the operator of a nuclear installation situated in the Netherlands and held as such jointly and severally liable for the damage caused, unless they prove that another person is liable under the Paris Convention or the Joint Protocol, except that as a maximum amount for their joint liability shall be as set out in Article 3, under a) Amount of the amount referred to in the Brussels Convention.

  • 2 On liability pursuant to paragraph 1, Article 6 of the Paris Agreement and Chapter V of this Act Where applicable.

  • 3 The first paragraph shall not apply:

    • a. to the person who did not know or reasonably have been aware of the nuclear nature of the substances concerned;

    • (b) in respect of the person who, at the time of the nuclear accident, was carrying the nuclear substances in question for the satisfaction of a contract of transport or on storage in connection with such transport, if he reasonably had allowed to take:

      • 1st. that another person under the Paris Convention for the Damage would be liable, or

      • 2nd. that another person would be liable for the damage under the first member and it had an insurance or other financial security approved by our Minister for Finance to cover his liability.


Article 17a [ Enter into force at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article 18

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  • 1 Where damage is suffered in the territory of the Netherlands as a result of a nuclear accident which is to be reimbursed by the Brussels Convention or that Act and the resources available for that purpose are insufficient for the purpose of The State shall make available to the State the public funds necessary to make good the damage to that amount. In the case of an accident where the liability of the operator is on the basis of Article 5, second paragraph The State shall make available to public funds at a lower amount than the amount in force under Article 5 (1), the State shall make available to public funds up to € 1,5 billion.

  • 2 The State shall be responsible for the sums paid and the associated costs relating to them, which are liable for it by virtue of this law.

  • 3 On the provision of public funds under the first paragraph Article 14 applicable mutatis mutandis.

  • 4 The provisions of paragraph 1 shall apply to damage as referred to in the first paragraph of the Convention, which is a party to the Brussels Convention and which, at the time of the nuclear event in question, is in force, by its nature, the scope and amount equivalent shall be those of this Act.

  • 5 In the case of, or under general management, detailed rules may be laid down on the provision of public funds under the first paragraph.


Article 19

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Our Minister of Finance may for the following Articles 13 or 18 make public funds available to the operator by the State of the amount to be determined.


Article 20

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If, and in so far as compensation for damage is due to benefits under Netherlands social legislation, the right to compensation for that damage is due under the Paris and Brussels Conventions, to the Joint Protocol and to this Act. persons whose dependation is to be paid, except that at the time of the periodic cash benefits it shall be regarded as the capitalised value of the benefits due. In addition, the provisions of the said laws shall remain in force.


Article 21

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Our Minister of Finance is authorized to pay for the operator of a nuclear installation in the Netherlands in respect of compensation for damage caused by a nuclear accident, other than under the Paris Convention and this Act, on conditions and against premiums or allowances as by the State to enter into insurance contracts for the State as insurer or to provide other guarantees on behalf of the State up to a maximum of € 2 268 901.080.45 per nuclear event.

Chapter V. Law of proceedings

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Article 22

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  • 1 At first instance, exclusion has the jurisdiction of the Court of The Hague.

  • 2 If reasonable account is to be taken of the possibility that the sum of the claims may be the maximum amount of the liability of the operator under Article 5 of this Act exceeds, submits to The Hague at the request of an interested party, the operator and Our Minister of Finance, in respect of damages for damages a prohibition of payment, she points to a judge-commissioner for the purpose of establishing the States of distribution of the amounts referred to in Article 27, first paragraph, introductory wording and it shall also set up a commission of liquidators, hereinafter referred to as: the commission. The court may appoint more than one Judge Commissioner and could replace a judge commissioner at deserving. It may make changes to the composition of the committee.

  • 3 The order referred to in paragraph 2 shall be notified to the Registrar by the Registrar of the operator and the insurers or other persons covered by the financial security referred to in Article 10 (1). (a) , of the Treaty of Paris, the persons liable for payment under the Joint Protocol, as well as the Minister of Finance. The decision is also made public by the Registrar in the Official Gazette , specifying the provisions of the second sentence of the fourth paragraph.

  • 4 Payments in violation of a prohibition as referred to in paragraph 2 shall be automatically void from the time when the person who made the payment has knowledge of the decision. From that date, all claims for compensation of the damage shall be submitted to the Commission by the presentation of an account or other written declaration giving the nature and the amount of the claim accompanied by the evidence or a copy thereof. The Commission shall forward a copy of all submissions to the operator and to our Minister of Finance.

  • 5 The operator and the insurers or other persons who provide financial security as referred to in Article 10, (a) Under the Paris Convention, the persons liable for payment under the Joint Protocol, as well as the State, shall be obliged to take into account, on the orders of the Judge-Commissioner, the amounts to be taken into consideration by the Judge-Commissioner. Deposits required for the fulfilment of the provisions of the Article 29 Except that the total amount to be paid by each of these persons is reduced by the amounts paid by that person for the purpose of compensation for the damage caused by the time when he received knowledge of the amount of the damage. the order referred to in the second paragraph.

  • 6 The sums paid under the fifth paragraph shall not be liable to sealate.


Article 23

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  • 1 The committee shall enter into or at the request of one of the persons concerned by Article 22 (5) , are required to deposit, or on their own initiative, in response to the submission of a claim with interested parties in consultation.

  • 2 The committee may consult experts to designate at any time.

  • The Judge-Commissioner shall, having heard the committee, decide whenever appropriate the day or days to be used for the purpose of verifying progress which he has to take.

  • 4 The committee shall be responsible for the submission of a creditor of missing documents and of having access to the original supporting documents.

  • 5 The Commission shall draw up a list of the claims lodged, specifying the grounds on which it is intended to claim an action in respect of Article 24, first paragraph That hearing is to be held. This list shall lie at the Registry for free access to each person for at least three weeks prior to the day of verification.


Article 24

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  • 1 To the following Article 23, third paragraph , certain days or days, the Judge Commissioner shall hold one or more public sessions in the presence of the committee or of one or more of its members.

  • 2 All creditors, the persons to whom Article 22 (5) , where the committee is also able to contest a claim for a hearing, it is compulsory to make a payment.

  • 3 Claims which are not disputed shall be determined by the Judge Commissioner at the alleged amount.

  • 4 In the event of a claim to be challenged, the Judge-General shall refer to one or more of the court hearings held by him to determine the point of the dispute, if he cannot unite them.


Article 25

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  • 1 The creditor requesting the investigation is not to appear at the hearing, to which the case is due Article 24, fourth paragraph , if it has been referred, he shall be deemed to have withdrawn his claim, in so far as it has been contested.

  • If he appears that he does not contest a claim, he shall be deemed to have allowed that challenge to be contested.

  • 3 The course of action after a referral is for the remainder in accordance with the provisions of the First Book of the Code of Civil Procedure.


Article 26

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  • 1 After the completion of the Article 24 meetings, or, if it has given rise to a dispute, after irrevocable decision has been taken, shall be drawn up by the Commission and subject to the approval of the Judge-Commissioner.

  • The State of distribution shall state separately the interest accruing to each creditor and the cost of the proceedings.


Article 27

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  • 1 If the sum of the claims is the maximum amount of the liability of the operator under Article 5 of this Act , the amount referred to in Article 3, under a) , from the Brussels Convention or from the Brussels Convention Article 18, first paragraph, of this Act Where the amount exceeds that amount, it shall be subject to the following rules, in so far as they can be reimbursed from these amounts:

    • (a) where the claims relate exclusively to damage to persons, they shall be cut in proportion;

    • (b) where the claims relate exclusively to A the injury referred to, shall be reduced proportionately;

    • c. where the claims concern both damage and intended A as damage intended in B , two thirds of the amount in question shall be allocated exclusively to the satisfaction of the claims referred to in the A , where necessary, the progress made, where necessary, while remaining to be destined for the satisfaction of the claims referred to in the Treaty B and for the claims referred to in A To the extent that they would remain unfulfilled. Shall remain in accordance with the previous sentence following the satisfaction of the claims referred to in A an amount over, then it will be left over for the satisfaction as intended B To the extent that they would remain unfulfilled.

  • 2 In case of application of Article 18 the compensation for claims relating to damage to persons brought after a period of 10 years from the date of the date of the nuclear accident shall be at least 10% of the amount to be made available by the State.


Article 28

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  • 1 The distribution record laid down by the Judge-Commissioner shall lie at the Registry of the parties free of charge for three months at the Registry of the Court. They may, during that period, be brought to the courts against the State of distribution by submitting a reasoned statement of objection at the Registry.

  • 2 At the end of the term, the court shall give its order, after hearing the parties or making a proper appeal.


Article 29

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After a statement of distribution by the Judge-Commissioner or, if a timely objection has been made, the court has been fixed by the court, the commission shall pay the creditors the sums to which they are committed.


Article 30

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  • 1 The Judge-Commissioner may, during the period preceding the determination of the State of distribution, grant the necessary advances to persons who have suffered damage as a result of a nuclear accident. Article 22, fifth paragraph , shall apply mutatis mutandis.

  • 2 During the period referred to in the first paragraph, the Judge-Commissioner may also establish a provisional State of distribution. In that case, the Article 22, fifth paragraph , and 26 to 29 applicable mutatis mutandis.

  • 3 The Judge-commissioner may provide that the creditors to whom a benefit is made on the basis of the provisions of the first or second paragraphs shall be given a form of security to be indicated by him.


Article 31

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  • 2 The manner and place of submission of the claims to the commission, the orders of the Judge Commissioner and that of the court pursuant to Article 28, second paragraph , and all the defeats shall be brought to the attention of interested parties by the Committee in a manner to be determined by the Judge Commissioner.

  • 3 Except for the application of the second paragraph of the twelfth section of the second title of the first book of the Code of Civil Procedure, the costs arising from the application of this Chapter shall be borne by the persons concerned. which due to Article 22 (5) , are obliged to deposit, in proportion to the amount they are owed.


Article 32 [ Expaed by 01-01-2002]

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Chapter VI. Final provisions

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Article 33

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  • 1 The Law of 27 October 1965 laying down rules on civil liability in the field of nuclear energy ( Stb. 546), is hereby repealed.

  • 2 With regard to damage caused by a nuclear accident, which has taken place before the entry into force of this Act, the law referred to in paragraph 1 shall continue to apply.

  • 3 The Royal Decree of 28 December 1965, Stb. 647, implementing Article 2 of the Act referred to in paragraph 1, and decisions taken by our Minister of Finance pursuant to Article 1, second paragraph, and Article 10, second paragraph of that Law, shall be deemed to be based on the corresponding provisions Provisions of this Act shall be taken and shall remain in force until they are repealed or replaced.


Article 34

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  • 1 This Act may be cited as: Law Liability Nuclear Cases.

  • 2 She shall enter into force on a time to be determined by Us.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Issued at Lech, 17 March 1979

Juliana

The Secretary of State for Finance,

Emergency tree

The Minister of Justice,

J. de Ruiter

The Minister for Foreign Affairs,

C.A. van der Klaauw

The Minister for Economic Affairs,

G.M.V. of Aardenne

The Minister of Transport and Water,

D.S. Tuijnman

Published on 3 May 1979

The Minister of Justice,

J. de Ruiter