Law Amending The Law Of 12 May 1972. 28 Nuclear Energy Business And For Consent To Ratification Of The Amending Protocols 12 February 2004 To The Paris Convention On 29 July 1960, The Brussels Convention 31 ..

Original Language Title: Lov om endringer i lov 12. mai 1972 nr. 28 om atomenergivirksomhet og om samtykke til ratifikasjon av endringsprotokoller 12. februar 2004 til Pariskonvensjonen 29. juli 1960 og Brusselkonvensjonen 31..

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2007-06-15-37

Law amending the Law of 12 May 1972. 28 Nuclear Energy business and for consent to ratification of the amending protocols 12 February 2004 to the Paris Convention on 29 July 1960, Brussels Convention of 31 January 1963 on Civil Liability for Nuclear Energy.


Date LOV-2007-06-15-37


Affairs Ministry of Justice

Edited
LOV-2010-12-10-76


Published in 2007 Booklet 6

Commencement
From the time the change log 12 February 2004 to the Paris and Brussels Conventions enters into force for Norway, 15.06.2007

Changes
LOV-1972-05-12-28

Promulgated
15.06.2007

Short Title
changes to Atomic Energy Act

Chapter Overview:

I
II
III

I

Act on 12 May 1972. 28 Nuclear Energy business amended as follows:
§ 1 letter e, h, j, k, l, m and n should read:

(E)
nuclear facilities:

Nuclear reactors;
Factory for production or processing of nuclear substances,
plant for separation of isotopes of nuclear fuel,
plant for reprocessing irradiated nuclear fuel,
device for storing the nuclear substance, apart from the device which is specific to only used for temporary storage during transport,
facility for the disposal of nuclear substances,
reactor, factory, facility or construction of said kind is under closure,
and Ministry further stipulated another facility where there are nuclear fuel or radioactive product;

(H)
nuclear damage:

Damage falling under § 21 no. 1 and due to ionizing radiation as a result of radioactive properties or an association of radioactive and toxic, explosive or other hazardous characteristics

(I)
nuclear fuel or radioactive products in a nuclear installation,

(Ii)
another radiation source in a nuclear installation,

(Iii)
nuclear substances coming from, originating in or sent to a nuclear installation;

(J)
Paris Convention:

The Convention on Civil Liability for Nuclear Energy which was signed in Paris July 29, 1960 and amended by protocols January 28, 1964, November 16, 1982 and February 12, 2004;

(K)
Additional Convention:

The Convention to supplement the Paris Convention which was signed in Brussels January 31, 1963 and amended by protocols January 28, 1964, November 16, 1982 and February 12, 2004;

(L)
Vienna Convention:

The Convention on Civil Liability for Nuclear Damage which was signed in Vienna May 21, 1963, and which is effective for some states is amended by the Protocol September 29, 1997;

(M)
Contracting State:

State party to the Paris Convention;

(N)
Joint Protocol:

The common protocol in relation to the Vienna Convention and the Paris Convention which was signed in Vienna on September 21, 1988.
§ 8 no. 2 should read:

2.
Ministry may alter the conditions laid and set new conditions for licensing or permit when it is deemed necessary for reasons of safety or substitute protection. If the new conditions entail unreasonable change in the financial assumptions for the person who has obtained a license or permit, and they go beyond what follows from his duty to keep plant and equipment in proper and safe operating condition and to insure against injury, court shall award him compensation by the Treasury to the extent deemed reasonable.

§ 12 shall read:
§ 12. (Changes in construction and operating conditions)

If the holder intends to implement a change in the plant's construction, operation or management that differs from that which formed the basis for approval in accordance with § 11 no. 2, and which may have an impact on safety is obliged before the change is implemented to put the matter before the Norwegian radiation Protection for approval.
§ 13 paragraph. 1 shall read:

1.
The operation of a nuclear plant is under continuous supervision of the Norwegian Radiation Protection Authority. NRPA shall ensure that the licensing conditions are followed and that the requirements of § 11 no. 2 at any time is fulfilled, and that the operation of the plant (thereunder placement of radioactive waste) within the operating regulations and otherwise justifiable.

§ 13 paragraph. 2, first sentence should read:
NRPA may issue the orders needed to ensure that the requirements of paragraph. 1 above are met.
§ 14 paragraph. 3 should read:

3.
Paragraph. 1 and 2 apply correspondingly to the supervisory authority pursuant to § 13 paragraph. 3 for activities under its supervision.

§ 16 first paragraph, second sentence should read:
The same applies to the operating activities are required permit coercion or notification or pursuant to § 5, however, that the supervisory authority pursuant to § 13 paragraph. 3 in case of entry into instead of NRPA.
§ 18 shall read:
§ 18. (geographical scope)

1.

The provisions of this chapter apply to nuclear damage occurring in a geographical area or on board a ship or an aircraft where the Paris Convention shall apply under the Convention Article 2 letter a.

2.
If a nuclear incident occurs in this country and holder of a nuclear plant here is responsible for the accident after the chapter's rules otherwise, it may also be sought for nuclear damage arising in a State which is not Contracting State and situated outside the area where the Paris Convention applicable under its Article 2 letter a, or on board a ship or aircraft registered in that state.

3.
King may decide

A)
that the provisions of this Chapter wholly or partly apply to nuclear damage occurring in this country or in another Contracting State or on the high seas, even though the accident happened in a State which is not Contracting State. Such a decision may be made conditional on reciprocity between Norway and the State in which the nuclear damage has occurred or where the claimant belongs,

B)
a State which is not Contracting State wholly or partly be equated with State bound by the rules of this chapter.

4.
King may further decide that no compensation shall be provided pursuant to this chapter or for other liability rules for nuclear damage suffered in a State which is not Contracting State, insofar as it is by its law or by agreement exists reciprocity. Such a decision the King may generally or with effect in relation to specific states.

5.
Notwithstanding the provisions of this section may recourse made against the relevant Holder in accordance with the provisions of § 28

Current § 19 repealed.
Current § 20, the new § 19, which shall read:
§ 19 (Holder's liability for accidents in nuclear power plants)

Holder shall indemnify nuclear damage caused by a nuclear accident happens in the holder's nuclear facilities. This does not apply to nuclear damage exclusively caused by the participation of nuclear substances which only temporarily stored in the plant during transport, unless another employer is liable for the damage under a written agreement and such liability is consistent with the provisions of § 22, re. §§ 24 and 25 .
Current § 24 becomes new § 20, which shall read:
§ 20. (strict liability mm)

1.
The holder is responsible even if he is not to blame for the injury.

2.
The proprietor of a nuclear installation in this realm is not liable under the provisions of this chapter, if the nuclear incident directly due to an act of war or similar act of war, hostilities, invasion, civil war or insurrection. About responsibility for the holder of nuclear facilities abroad in the cases referred concerning facilities State.

3.
Compensation for non-pecuniary damage shall be granted only insofar plant holder is liable for the damage under the provisions of Law 13 June 1969 No.. 26 to damages Chapter 3.

Current § 25 becomes new § 21, which shall read:
§ 21. (loss items covered)

1.
Compensation for nuclear damage pursuant to the provisions of this chapter covers the following loss items:

A)
injury or a person's death,

B)
loss of or damage to real or movable property,

C)
additional financial losses due to loss, injury or death as mentioned in a or b, when the one who can claim compensation under subparagraph a or b can claim this under general liability rules,

D)
costs of reasonable measures to remove degraded environment, with less environmental resources is negligible, provided that such measures are or will be initiated by, or pursuant to a resolution of or consent by a competent authority under the Pollution Control Act or the Norwegian Radiation Protection Authority,

E)
loss of income from a direct economic interest in any use or benefit of the environment, with less environmental resources is negligible,

F)
costs of reasonable preventive measures and any loss or damage arising from such measures.

2.
The provisions of this chapter does not cover nuclear facility itself, second nuclear plant at the same site, thereunder or under construction, or damage to items at the accident time were on the construction site and was used or was there to be used in conjunction with any of the aforementioned construction, see. nevertheless, § 27 no. 3.

3.
With the limitation imposed by § 30 no. 3, includes responsibility for the holder of a nuclear installation in this realm also damage during transport caused the transport where the tortious nuclear substance was when the accident occurred. Is the holder of the plant in another Contracting State responsible for the accident, settled the question of his liability for damage to means of transport for construction State.

Current § 21 becomes new § 22.
Current § 22 becomes new § 23, which shall read:
§ 23 (Holder's responsibility in other cases)


Is tortious nuclear substances at the time of disaster no nuclear plant nor during transport, the responsibility for nuclear damage shall lie with the owner of the nuclear facility in a State in which the accident time or at the latest before the accident had nuclear substance in his possession, or as expressly undertaken responsibility in a written agreement. But had nuclear substance been during transport without any holder of a Contracting State had it in his possession between transport disruption and disaster, the damage is replaced by the holder or other person at the transport interruption was responsible in accordance with § 22 of the nuclear accident during transport. Was atomic substance otherwise recently arrived from a State which is not Contracting State, without any holder of a Contracting State had received the substance in their possession before the accident, § 22, paragraph. 5 accordingly.
§ 24 shall read:
§ 24. (requirement of an economic interest to the licensee's takeover of responsibility)

Liability pursuant to §§ 22 and 23 runs just over from a holder of a nuclear installation to another employer if the transferee holder has a direct financial interest in the current nuclear substance.
Current § 23 becomes new § 25, which shall read:
§ 25. (fraktførers assume responsibility)

The King may, upon application from a carrier or the like which performs transport referred to in § 22, decide that the applicant shall be liable instead of the holder of a nuclear installation in this realm for nuclear accidents which may occur during transport. Such a decision may not be taken without consent of the owner and not without there being a guarantee declaration in accordance with § 37. Hit such provision shall be responsible under this law applies to the holder, instead apply to the applicant in respect of a nuclear accident during transport. The same applies if the corresponding decision is taken by the law of another Contracting State in respect of damage which the holder of a nuclear plant in the state would otherwise be liable.
§ 27 no. 3 should read:

3.
Claims for nuclear damage which the holder is not responsible under § 20, paragraph. 2 or § 21 no. 2 or 3 or the corresponding provisions of other legislation or convention as mentioned in no. 1 or 2 can only be invoked against an individual which itself has willfully caused the damage. For damage to transport in the case referred to in § 21, paragraph. 3 second sentence shall nevertheless moreover holder - whatever provision on liability waiver in fixed state legislation - be responsible in accordance with the general rules of compensation, unless otherwise agreed.

§ 27 no. 5 should read:

5.
About coverage of state assets, the provisions of §§ 39 to 43.

§ 28 no. 2 should read:

2.
Is nuclear accident occurred or the damage occurred in a State which is not Contracting State may recover from the Holder except § 18 would have been responsible for the injury, required by only some having their principal place of business here or in another Contracting State, or of people in her company. For transport within the meaning of § 22 no. 1 to the receiver in a State which is not Contracting State, the sender's responsibility should not in any case apply nuclear incident occurring after the nuclear substance has been unloaded in determining the country's area of ​​transport which has caused the substance to this country. For transport within the meaning of § 22 no. 2 from the sender in a State which is not Contracting State shall recipient responsibility not apply nuclear incident occurring before the nuclear substance has been loaded on transport which will bring substance from the requesting State area.

§ 28, paragraph. 4 is repealed.
§ 30 no. 1 should read:

1.
Holder aggregate liability for nuclear damage caused by a single nuclear accident is generally limited to 700 million euros. The King may in special circumstances, having regard to the plant size and nature, the extent of transport and other circumstances determine another limitation amount, but not less than 80 million euros.

§ 30 no. 3 should read:

3.
If at a nuclear incident during transportation caused nuclear damage to the means of transport where the tortious nuclear substance was when the accident happened, the responsibility for such damage not lead to liability for other nuclear damage is limited to a lower amount than 80 million euros.

§ 30 paragraph. 5 should read:

5.
When damages can be awarded for damage occurring in a State referred to in the Paris Convention Article 2, point a (ii) or (iv), cf. § 18, no. 1, the King may establish a lower amount of compensation than those mentioned in this section, to the extent that this state is not on a reciprocal basis sets similar benefits available.

§ 32, paragraph. 4, third sentence should read:
provisions of §§ 44 and 45 concerning territorial jurisdiction shall apply correspondingly to the district court.
§ 34 shall read:
§ 34. (limitation)

1.

Although a compensation or recourse against an owner or his guarantor is not obsolete previously under general limitation rules, it falls at least lapse if it is not recognized or asserted by legal action

A)
within 30 years after the nuclear accident relevant in the case of injury or damage to a person's death, or

B)
within 10 years after the competent nuclear accident for other nuclear damage than mentioned in subparagraph a.

2.
Statute § 9, no. 2 does not apply.

3.
Is it by convention jurisdiction for the claim in several Contracting States (cfr. § 44), retained the requirement also provided

A)
undertaken legal measures to Inntal of the requirements of such foreign State Party in those where the relevant deadlines and before jurisdiction had to be submitted exclusively to another country by a decision of the European Atomic Energy tribunal, or in any other convention certain way, or

B)
it is submitted timely petition to the appropriate authority of a Contracting State to initiate steps to have taken a decision on jurisdiction in accordance with the Paris Convention.

Being jurisdiction added Norway by decision under sub-paragraph a or b above, fall impact of the timely prosecution or petition away, unless the claim is then made applicable in this country within the time limit to be agreed upon by the said international court or in any other convention certain way, or - if no such time limit is not set - within six months after the decision.

4.
This section does not state recourse against holders pursuant to § 39 no. 2 letter b or § 43.

§ 39 no. 1 should read:

1.
Within the limit of liability amount under § 30 no. 1, ref. No. 3, 4 and 5 represent the state that the responsibility for nuclear accidents are met as holders of nuclear plants in this country has made under this chapter or similar rules in other Contracting State. This does not however possible liability for a nuclear accident as referred to in § 20 no. 2

§ 40 no. 1 should read:

1.
To the extent that claims against the proprietor of nuclear facilities for peaceful purposes situated in Norway or another State party to the Additional Convention, can not be good and sufficient because of the limitation of liability under § 30, ref. § 31, but the rest can be done - and on time is done - invoked against the holder or his guarantor in accordance with the provisions of this Chapter, the requirements are covered by public funds, within the limits § 41 puts, if the requirements apply to nuclear damage occurred

A)
within the territory of Norway or another State party to the Additional Convention

B)
in or over seas outside territorial waters to Norway or another State party to the Additional Convention, but not including other states' territorial waters, and only if the injury has affected

(I)
a national Norway or another State party to the Additional Convention, or

(Ii)
aboard or on a ship flying the flag of one of these states, or

(Iii)
onboard or on an aircraft registered in one of these states, or

(Iv)
in or on an artificial island, installation or structure under such jurisdiction,

C)
within or above the exclusive economic zone or continental shelf of Norway or another State party to the Additional Convention, in connection with the exploitation or exploration of natural resources that are there.

Responsibility for the Norwegian state pursuant to this section shall only apply if the Norwegian courts have jurisdiction for claims against the holder or its guarantor under § 44, and this jurisdiction is based on the Paris Convention Article 13
§ 40 no. 2, first sentence should read:
With citizen equated in this section state itself, its administrative divisions or units as well as public or private corporation, association, trust, partnership or any other body which has its seat or otherwise hear home in such a state.
§ 40 no. 3, first sentence should read:
Whether holder is responsible, may claim in the event of a nuclear accident as referred to in § 20, paragraph. 2 or harm referred to in § 21 Nos. 2 and 3 not recoverable State resources under this section.
§ 41, paragraph. 1 shall read:

1.
The aggregate compensation amounts that may be claimed for nuclear damage caused by a single nuclear accident, partly by the person or persons responsible holders after chapter rules, partly by state funds according to § 40 shall not exceed 1.5 billion euros, or higher amounts arising from additional Convention Article 12 bis. In addition, interest and legal costs.

§ 42 no. 1 should read:

1.

Liability lapsed because of 10 years or 30 years time limits in § 34 or equivalent rules in another Contracting State, shall be borne by the state when the claim is for personal injury occurred in this country by nuclear accident as a holder of nuclear plants here were responsible for, provided that it is excusable that the claim is not timely asserted against the holder or his guarantor. To preserve the requirement be enforced by legal action against the Ministry concerned before the holder's liability would have been obsolete for general Norwegian statute of limitations, and no later than 50 years after the nuclear accident. If other claims for the same accident have not been fully reimbursed due to limitation rules in § 32 or in case of § 41 or by equivalent provisions in another Contracting State, reduced compensation of public funds pursuant to this section in the same proportion.

Current § 43 repealed.
§ 44 becomes new § 43 and shall read as follows:
§ 43. (State subrogation)

Unless otherwise specifically provided in accordance with this chapter or agreement with a foreign state, the state for expenses in accordance with §§ 40 to 42 only require recourse to an individual who even may have caused the damage deliberately, of the persons who are liable ionizing radiation as specified in § 29 no. 2, or in accordance with an agreement with someone who has expressly undertaken to cover the damage. The same applies if recourse for benefits that are otherwise issued pursuant to the Additional provisions of the Convention in respect of a nuclear accident as a holder of nuclear plants in this country or in another Contracting State is responsible for under the law of any such state.
Current § 45 becomes new § 44 and shall read as follows:
§ 44. (Norwegian jurisdiction)

1.
Lawsuit whether a holder or its guarantor liability for nuclear damage pursuant to this chapter fall under Norwegian court:

A)
when nuclear accident has occurred wholly or partly within Norwegian territory

B)
when nuclear accident has occurred wholly or partly in the Norwegian economic zone, without also having taken place within the territory of a Contracting State

C)
when the nuclear plant is located in Norway and the accident happened outside any State territory, exclusive economic zone or other area which is notified to the OECD Secretary-General for Paris Convention Article 13, paragraph b,

D)
when the nuclear plant is located in Norway and accident can not be determined with certainty, and

E)
in cases referred to in § 22 no. 5, ref. § 23, if a nuclear incident occurs wholly or partly in Norwegian territory or in international waters outside Norwegian territory.

2.
An action for claims against the holder or its guarantor under § 27 no. 3, second sentence, § 31 no. 2, § 39, paragraph. 2 or § 43 may also be brought in Norway when it is the venue here for general procedural rules.

3.
When King makes provision under § 18, no. 3, the King may also lay down specific rules on Norwegian jurisdiction.

4.
Lawsuits about responsibility may still not be brought or continued by Norwegian court under this section, if

A)
European Atomic Energy tribunal decides that another country's jurisdiction applies, or

B)
King to comply with provisions on jurisdiction in agreements with foreign states decide that the case should not be heard under Norwegian jurisdiction.

5.
The Ministry may on its own initiative or at the request of an interested submit to the mentioned international court issue of in which state action shall be brought. To comply with provisions on jurisdiction mm in agreements with foreign states or to asserted claims against the holder in this country or his guarantor in accordance with the provisions of this Chapter, the King may decide that legal action on liability for nuclear accidents shall hear under Norwegian jurisdiction also in cases where this is not prescribed by or pursuant to the provisions of Nos. 1 to 3 above.

Current § 46 becomes § 45 and shall read as follows:
§ 45. (local jurisdiction in this realm)

1.
Legal proceedings under § 44 fall under Norwegian jurisdiction, can only be brought in the judicial district in this country where the nuclear incident occurred, unless otherwise stated below in this section.

2.
Is nuclear accident occurred outside the realm, legal proceedings may be brought only in the jurisdiction where the nuclear plant in this country is, or - when the case concerns liability for the holder of nuclear facilities abroad - in accordance with the Disputes Act § 4-3 subsection.

3.

Can lawsuits concerning liability for the same nuclear accident after the above rules brought in more than one jurisdiction, determine the appropriate ministry which jurisdiction should be. Actions as referred to in § 44, para. 2 can still be instituted in any jurisdiction where it is the venue for the matter in accordance with general rules of procedure. After application, the Ministry also establish jurisdiction if it can not be ascertained in what jurisdiction action shall be brought under the rules up front. Courts Act Sec. 2 shall apply.

4.
Lawsuit against the State in accordance with §§ 39 to 42 shall be brought in the judicial district where under the rules in front of this section is the venue for lawsuits against the holder in respect of the same nuclear accident.

New § 46 shall read:
§ 46. (representation on behalf of victims etc.)

1.
A State may bring claims for compensation for nuclear damage on behalf of its nationals or persons resident or staying in its territory, and who have consented to this.

2.
A person who has been transferred to itself a claim for compensation for nuclear damage or authorized by the claimant to the promotion requirement, can promote this.

In §§ 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 22, 26, 27, 28, 29, 30, 31, 32 , 33, 35, 36, 37, 38, 39, 40, 41, 42, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 omitted final sentence in the paragraph heading.

II

1.
Parliament agrees ratification of changes Protocol on 12 February 2004 to the Paris Convention 29 July 1960 and modified protocol 12 February 2004 to the Brussels Convention (additional Convention) on 31 January 1963 on liability Field of Nuclear Energy.

2.
By ratification of amendment protocol to the Paris Convention, Norway will take the following reservations:

"Norway takes, no effect in relation to Article 2, point a (iii), subject to the right to apply lower compensation amounts than the minimum amount specified in Article 7 letter a for nuclear damage suffered in the territory of, the sea area established in accordance with international law by, or on board a ship or aircraft registered in, state other than Norway, to the extent that this state is not on a reciprocal basis sets similar benefits available. "

III

1.
Part I comes into force when the King bestemmer.1 King may bring into force individual provisions at different times. The King may issue further transitional rules.

2.
Part II comes into force immediately.