Capital overview :
IN
Law 12. May 1972 # 28 about nuclear energy business changes as follows :
Section 1 letter e, h, j, k, l, m and n shall obey :
nuclear reactor facilities ;
factory for the future position or treatment of nuclear substance,
factory for separation of isotopes in nuclear fuel,
factory for staging of irradiated nuclear fuel,
The device for storage of nuclear substance, except for device determined to only be used for temporary retention during transport,
facilities for the deposits of nuclear substance,
reactor, factory, device, or facility of mentioned strokes that are under lockdown,
and after the ministry closer to the provision of other devices in which there are nuclear fuel or radioactive product ;
damage that falls under Section 21 # 1 and due to ionising radiation as a result of radioactive properties or an association of radioactive and toxic, explosive or other dangerous properties at
| (i) |
nuclear fuel or radioactive product in a nuclear facility, |
| (ii) |
other radiation source in a nuclear facility, |
| (iii) |
The nuclear substance that comes from, has ancesti or has been sent to a nuclear facility ; |
| (j) |
The Parisian Convention : |
the Convention on replacement liability on the nuclear energy area which was reached in Paris 29 July 1960 and changed at protocols 28 January 1964, 16 November 1982 and 12 February 2004 ;
| (k) |
The additional Convention : |
the Convention to Ahead of the PariConvention which was reached in Brussels on 31 January 1963 and changed at protocols 28 January 1964, 16 November 1982 and 12 February 2004 ;
the Convention on replacement liability for nuclear damage that was reached in Vienna 21 May 1963, and as with effect for some states has changed by protocol 29 September 1997 ;
state that is attributed to the PariConvention ;
| (n) |
The common protocol : |
the joint protocol in association with the WienConvention and the PariConvention that was reached in Vienna 21 September 1988.
Section 8 # 2 should sound :
| 2. |
The Ministry can change the uprising terms and set new terms for the consession or permit when there is required for consideration of the safety or replacement privacy. If the new terms involve unreasonable change in the financial prerequisites for the one that has received the consession or permit, and they go out over what follows of his duty to keep facilities and equipment in the prewise and defensible stand and to secure against damage, the Court of Justice may be attributed to him the replacement of the treasury in the extent that exists affordable. |
Section 12 should sound :
SECTION 12.
(changes to the anleds and operating conditions)
If a holder intends to conduct a change in the facility's construction, operation or leadership that deviates from what was due for approval after Section 11 # 2. And which may have meaning for security, duties he before the change is placed in the works to lay the case forward for the State of Statesn for approval.
Section 13 # 1 to sound :
| 1. |
The Drift of a nuclear facility stands under the running supervision of the Stateste of Statesn. Radiation is supposed to impose that the consession terms are followed, and that the requirements in Section 11 number 2 At any time are met and that the operation of the plant (deridation of radioactive waste) lies within the operating regulations and by the way, is defensible. |
Section 13 # 2 first period should sound :
State straw liver can provide the cuts needed to ensure the requirements of the No. 1 above is met.
Section 14 # 3 should sound :
| 3. |
The provisions of the No. 1 and 2 apply to the equivalent of the regulatory authority after Section 13 # 3 for business that is subject to its supervision. |
Section 16 first clause second period should sound :
Corresponding applies to the person who runs business that is imposed the credentials force or meldduty in or in co-hold of Section 5, nonetheless so that the regulatory authority after Section 13 3 in case of takes place in place of the Stateste of Statesn.
Section 18 to sound :
SECTION 18.
(site real scope)
| 1. |
The rules in this chapter apply to nuclear damage arising from a geographical area or on board a ship or flight in which the PariConvention gets the Applicability of the Convention Article 2 letter a. |
| 2. |
If a nuclear accident occurs here in the realm and the holder of a nuclear facility here is responsible for the accident after chapter rules otherwise, damages may also be required for nuclear damage arising from a state that is not conventional state, and which lies outside of it The area where the PariConvention gets the Applicability after the convention article 2 letter a, or on board a ship or aircraft registered in such a state. |
| a) |
that the rules of this chapter completely or partly apply to nuclear damage occurred here in the realm or in any other convention state or on the open sea, although the accident has occurred in a state that is not the convention state. Such provision can be made conditioned by reciprocity between Norway and the person of the Convention on which the nuclear damage has been occurred or where the injured belong, |
| b) |
that a state that is not the convention state, completely or partly to equal gender equality by the convention state by the rules of the chapter here. |
| 4. |
The king can further determine that it should not be associated with the rules in the chapter here or after other replacement rules of nuclear damage that has been occurred in a state that is not the Convention state, without for so far after this state legislation or after The agreement is reciprocity. Such provision, the King can meet in general or with effect in relation to further specific states. |
| 5. |
Without the hurdles of the provisions of the paractment here, reregulations can be made current against the person holder in accordance with the rules of Section 28. |
Current Section 19 repeais.
Current Section 20 will be new Section 19, which should sound :
SECTION 19.
(containment of the responsibility of accident in nuclear facilities)
The holder shall replace nuclear damage caused by nuclear accident that occurs in the indoor nuclear facility. This still does not apply to nuclear damage that exclusively is caused by the participation of nuclear substance only temporarily retained in the facility during transport, if another holder is responsible for the damage after written agreement and such liability is uniformly with the rules of Section 22, jf. Section 24 and 25.
Current Section 24 will be new Section 20, to obey :
SECTION 20.
(objectively responsibility m.m.)
| 1. |
The holder is responsible even though he is without blame for the injury. |
| 2. |
The holder of nuclear facilities here in the realm is not responsible for the rules of this chapter, if the nuclear accident directly is due to war action or similar action under armed conflict, invasion, civil war or rebellion. Whether responsibility for the holder of nuclear facilities abroad in the event of which mentioned applies to the facility's legislation. |
| 3. |
Replacement for non-financial damage should only be given for as far as the facility's holder is responsible for the damage following the rules of law 13 June 1969 No. 26 about pest state Chapter 3 |
Current Section 25 will be new Section 21, which should sound :
SECTION 21.
(wallpaper items that are retaken)
| 1. |
Replacement for nuclear damage by the rules in this chapter includes the following wallpaper records : |
| a) |
damage to person or a person's death, |
| b) |
loss of or damage to fixed property or orphaned, |
| c) |
further economic loss as a result of loss, damage or death as mentioned in letter a or b, when the person who may claim damages by letter a or b may require this after ordinary replacement legal rules, |
| d) |
costs of reasonable measures to the remediation of the foregone environment, unless environmental deterioration is negligible, assuming such measures are or be committed by, or by the consent of a pollution authority after the pollution law or of the Stateste of the States. |
| e) |
loss of income from a direct economic interest in a use of or an advantage of the environment, unless the environmental deterioration is negligible, |
| f) |
costs at reasonable preventive measures and loss or damage as follows of such measures. |
| 2. |
The rules of the chapter here do not apply to damage to the nuclear facility themselves, other nuclear facilities on the same construction site, derunder construction, or damage to things that at the accident time were on the construction area and were used or were there to be used in connection with some of the mentioned facilities, jf. still Section 27 # 3. |
| 3. |
With the constraint that follows by Section 30 # 3. includes the responsibility of the holder of nuclear facilities here in the realm also damage as during transport volredes the means of transportation where the damage-raped nuclear substance was found when the accident occurred. Is the holder of facilities in another convention state responsible for the accident, the question is decided on his liability for damage to the transportation of transportation after the facility's legislation. |
Current Section 21 will be new Section 22.
Current Section 22 becomes new Section 23, to obey :
SECTION 23.
(holder's responsibility in the second case)
Are pest-violent nuclear substance at the accident time not in any nuclear facility nor during transport, shall the responsibility of the nuclear damage lie with the holder of nuclear facilities in a conventional time or the latest before the accident had nuclear substance in its possession, or as expressly claimed responsibility in written agreement. However, the nuclear substance had been under transport without any holder in a convention state had received it in its possession between the transport's interruption and accident, the damage shall be replaced by the holder or other person as at the transport's interruption was responsible for the rules of Section 22 for nuclear accident during transport. Was the nuclear substance otherwise last come from a state that is not conventional state, without any holder in a convention state had been given the substance in its possession before the accident, applies Section 22 5 equivalent.
| 0 |
Modified by law 10 des 2010 # 76 (ikr. 10 des 2010 ifg. res. 10 des 2010 # 1574). |
Section 24 should sound :
SECTION 24
(requirements of economic interest at the possession of liability)
Responsibility after Section 22 and 23 only runs over from a holder of a nuclear facility to another holder if the overtaking holder has a direct economic interest in the appropriate nuclear substance.
Current Section 23 will be new Section 25, which should sound :
SECTION 25.
(the freight driver's takeover of responsibility)
The king can after application from a freight driver or similar carrying out transport that reacted in Section 22, determine that the applicant shall be responsible rather than the holder of a nuclear facility here in the realm of nuclear accident that had to happen during transport. Such provision cannot be met without the consent of the agreement and not without the statement of warranty in accordance with Section 37. Trefe's such provision, shall what after this law applies to the holder, instead apply to the applicant for as far concerns nuclear accident during the transport. The same applies if corresponding provision is met after the law in another convention state with regard to damage as the holder of nuclear facilities in that state otherwise would be responsible for.
Section 27 No 3 should sound :
| 3. |
Replacement requirements for nuclear damage that the holder is not responsible for after Section 20 number 2 or Section 21 # 2 or 3 or equivalent provisions of other legislation or convention as mentioned in front of the No. 1 or 2, can only be made current against single person who even intentional has caused the damage. For damage to transportation in case as mentioned in Section 21 # 3 other periods shall nevertheless be the holder-regardless of the provision of liability in the facility state legislation-be responsible in accordance with common replacement rules, when not otherwise agreed. |
Section 27 No 5 to sound :
| 5. |
Whether coverage of state funds applies to the provisions of Section 39 to 43. |
Section 28 # 2 should sound :
| 2. |
Is the nuclear accident occurred or damage occurred in a state that is not conventional state, the regress of the holder that aside from Section 18 would be responsible for the damage, only required by someone who has their main business here or in another Convention state, or of people in dennes service. by transport that was reacted in Section 22 # 1 to recipient in a state that is not conventional, shall the sender's responsibility nonetheless not in any case apply to nuclear accident that occurs after the nuclear substance has been unloaded in the determination of the transport of the transport to this country. by transport that was reacted in Section 22 # 2 from the sender of a state that is not the Convention to the recipient's responsibility shall not apply to nuclear accident that occurs before the nuclear substance has been loaded on the transportation of the state of the state of the state. |
Section 28 # 4 repit.
Section 30 1 to sound :
| 1. |
The collective responsibility of nuclear damage as a result of one and the same nuclear accident is in general, in general, limited to 700 million euros. The king can in the very frank case under consideration of the facility's size and species, the scope of transport and conditions otherwise determine a different constraint amount, still not under 80 million euros. |
Section 30 3 should sound :
| 3. |
If it at a nuclear accident during transport caused nuclear damage to the means of transportation where the damage-raped nuclear substance was found when the accident occurred, the responsibility of such damage does not cause the responsibility of other nuclear damage be limited to a lower amount than 80 million euros. |
Section 30 new # 5 to sound :
| 5. |
When replacement can be required for damage that occurs in a state as mentioned in the PariConvention Article 2 letter a (ii) or (iv), jf. Section 18 # 1, the King may determine a lower replacement amount than mentioned in the paragrafen here, in the extent that this state does not on mutual basis are lining the equivalent of benefits to their disposal. |
Section 32 # 4 third period should sound :
The provisions of Section 44 and 45 whether the site's government area apply to the equivalent of the courthouse.
Section 34 shall obey :
SECTION 34.
(lecture)
| 1. |
Although a replacement or regression claim against a holder or dennes warranty is not obsolete earlier after the general statute of limitations, it certainly falls away if it is not recognised or made current by legal steps |
| a) |
within 30 years after the person's nuclear accident if it comes to damage to person or a person's death, or |
| b) |
within 10 years after the person's nuclear accident for other nuclear damage than mentioned in the letter a. |
| 2. |
Preliminary Law Section 9 # 2 does not apply. |
| 3. |
Is it after convention domain authority for the replacement claim in several convention states (jf. Section 44), preserved the claim also provided |
| a) |
it is retaken legal steps to the address of the claim in such a foreign convention state within the current deadlines and before the sentencing had to be laid exclusively to another country at the decision of the European Atomic Energy Tribunal, or on the other convention specific way, or |
| b) |
It is set forth retrograde motion to correct authority in a convention state to initiate steps to obtain the decision of sentencing in accordance with the PariConvention. |
Will the domain authority added Norway by decision as mentioned under the letter a or b in front, the effect of the return of the return falls, unless the claim is then made current here in the realm within the due date that had to be determined of the above mentioned international court or in any other conventional manner, or-if any such term is not determined-within six months after the decision.
| 4. |
The Paragrafen here does not apply to the state of the state of the state of the state of Section 39 2 letter b or Section 43. |
Section 39 # 1 to sound :
| 1. |
Within the limit of the liability amount after Section 30 # 1, jf. No. 3, 4 and 5, the state of the state that the responsibility of nuclear accidents is being met as the holder of nuclear facilities here in the realm has after this chapter or equivalent of rules in the second convention state. This still does not apply to potential liability for nuclear accident as mentioned in Section 20 number 2. |
Section 40 # 1 to sound :
| 1. |
In the extent of replacement claims against the holder of nuclear facilities for peaceful purposes that lie in Norway or other state attributed to the amendment, cannot be replenishment due to the disclaimer of the disclaimer after Section 30, jfr. Section 31, but, by the way, can be made-and in time has been made-current against the holder or dennes warranty in accordance with the rules in the chapter here, the requirements shall be covered by state funds, within the limits of Section 41 sets, if the requirements apply to nuclear damage occurred |
| a) |
within the territory of Norway or any other state that has been attributed to the Additional Convention, |
| b) |
in or across ocean areas outside the territorial waters of Norway or any other state that has been attributed to the amendment, but not co-rain other state's territorial waters, and only if the damage has hit |
| (i) |
a citizen of Norway or any other state that has been attributed to the Additional Convention, or |
| (ii) |
aboard or on a ship that leads the flag of one of these states, or |
| (iii) |
on board or on an aircraft recorded in one of these states, or |
| (iv) |
in or on an artificial island, installation or construction under such a state jurisdiction, |
| c) |
within or above the exclusive economic zone or the Continental Barenal of Norway or any other state that has been attributed to the additional context, in connection with exploitation or exploration of natural resources that are there. |
The responsibility of the Norwegian state after the Paractment here only applies if Norwegian courts have sentencing for claims against the holder or dennes warranty after Section 44, and this sentencing is building on the PariConvention Article 13.
Section 40 # 2 first period should sound :
With citizen gender equality in the paragrafen here state itself, its administrative inequality or entities as well as public or private company, Society, foundation, stakeholders or any other convergence that has its seat or otherwise hearing at home in such state.
Section 40 # 3 first period should sound :
Regardless of whether the holder is responsible, claims in case of nuclear accident as mentioned in Section 20 number 2 or damage as mentioned in Section 21 # 2 and 3 are not required covered by state funds after the paragrafen here.
Section 41 1 to sound :
| 1. |
The interimposed replacement sums that can be required for nuclear damage as a result of one and the same nuclear accident, ths from it or those responsible incomes after chapter rules, ths of state funds by Section 40, shall not exceed 1.5 billion euros, or the higher amount that had to follow of the additional Convention Article 12 bis. In addition, interest rates and ticket costs are coming. |
Section 42 1 to sound :
| 1. |
Replacement liability that has been dropped due to the 10-year or 30-year suitor in Section 34 or equivalent rules in the second convention, shall be covered by the state when the claim applies here in the realm of nuclear accident as a holder of nuclear facilities here was responsible for, if it is excusable that the claim did not in time be made current against the holder or dennes warranty. In order to be preserved, the requirement must be made current by legal steps towards the person of the ministry before the possession of the ministry would have been obsolete following the northerly Norwegian statute of limitations, and the latest within 50 years after the nuclear accident. If other claims for the same accident have not been given full coverage due to the constraint rules in Section 32 or in case Section 41 or by equivalent rules in the second convention, the replacement of state funds after the paragrafen here in the same relationship. |
Current Section 43 repunis.
Section 44 will be new Section 43 and shall obey :
SECTION 43.
(The state's repressor right)
If nothing else is specifically decided in co-hold of this chapter or agreement with foreign state, the state of the post-Section 40 to 42 can only require regress with individual who even had to have caused the injury to be intentional, with the person who had to be responsible for ionising radiation as mentioned in Section 29 # 2. Or, according to appointment at some of which expressly has claimed to cover the damage. Corresponding applies to the regress of benefits that may otherwise be granted in co-office regulations on the occasion of nuclear accident as the holder of nuclear facilities here in the realm or in other conventional law has the responsibility of after the legislation in any such state.
Current Section 45 will be new Section 44 and shall obey :
SECTION 44.
(Norwegian domomeness)
| 1. |
Search targets about an indoor or dennes warranty of nuclear damage after the chapter here hears under Norwegian court : |
| a) |
when the nuclear accident has been occurred entirely or partially within Norwegian territory, |
| b) |
when the nuclear accident has been occurred entirely or partly in Norwegian economic zone, without also having happened within the territory of a convention state, |
| c) |
When the nuclear facility is located here in the realm and the accident has occurred outside some conventional territory, excluding economic zone or other area that is notified to the OECDs General Secretary after the PariConvention Article 13 letter b, |
| d) |
when the nuclear facility is located here in the realm and the scene of the accident cannot be determined by security, and |
| e) |
in cases as mentioned in Section 22 # 5, jf. Section 23, if a nuclear accident occurs entirely or partly on Norwegian territory or in international waters off Norwegian territory. |
| 2. |
Search targets about claims against a holder or dennes warranty after Section 27 # 3 different period, Section 31 # 2. Section 39 # 2 or Section 43 can also be raised in Norway when there is verneying here after common process rules. |
| 3. |
When the King hits provision after Section 18 # 3. The King can also determine the shonest rules about Norwegian domed authority. |
| 4. |
Search targets whether the responsibility can still not be raised or continued by Norwegian court after the paragrafen here, if |
| a) |
The European Atomic Energy Tribunal decides that a different country's sentencing applies, or |
| b) |
The king to comply with the provision of sentencing in agreement with foreign state decides that the case should not hear under Norwegian domed authority. |
| 5. |
The ministry may of its own measures or after the petition of an interested lecher for the mentioned international court question whether in which state lawsuits should be raised. In order to comply with the sentencing of the sentencing of foreign affairs or to obtain the current claims against holder here in the realm or dennes warranty in accordance with the rules of the chapter here, King may be able to stop lawsuits for responsibility for nuclear accident shall hear under Norwegian sentencing also in case where this does not follow by or in co-hold the rules of the No. 1 to 3 in front. |
Current Section 46 will be Section 45 and shall obey :
SECTION 45.
(local verneying here in the realm)
| 1. |
Search targets that after Section 44 hear during Norwegian sentencing can only be raised in the court of the court here in the realm where the nuclear accident occurred, when nothing else is said below in the paragrafen here. |
| 2. |
Is the nuclear accident occurred outside of the realm, lawsuits can only be raised in the court of law where the individual nuclear facilities here in the realm lie, or-when the case applies to liability for the holder of nuclear facilities-in accordance with the dispute law Section 4-3 other clause. |
| 3. |
Can lawsuits be responsible for the same nuclear accident following the rules ahead of the rise of more than a court of law, determining the ministry where the vernei Parliament shall be. Search targets as mentioned in Section 44 # 2 can still be raised in any court of law where there is verneying for the case after common process rules. After the application, the ministry can also determine the vernetic parliament if it cannot be brought on the clean in which court case lawsuits should be raised by the rules in front. The court of the Domp. 2 gets the Applicability. |
| 4. |
Search targets against the state after Section 39 to 42 shall be raised in the same court of law where it after the rules ahead of the paractment here are verneying for lawsuits against the holder of the occasion of the same nuclear accident. |
New Section 46 should sound :
SECTION 46.
(representation on behalf of the injured mv.)
| 1. |
A state can promote claims for damages for nuclear damage on behalf of individual citizens or persons who are settled or have a stay on their territory, and have consented to this. |
| 2. |
A person who has been handed over to a claim of compensation for nuclear damage or who has the warrant from the injured to promote the claim could promote this. |
In Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, aged 15, aged 26, aged 26, 38, 38, 47, 47, aged 53, 54, aged 54, 58, 58, and 59, 58, 58, and 59 loops closing period in the paragrafheading.
II
| 1. |
Parliament consent in the ratification of the Change Protocol 12. February 2004 to the PariConvention 29. July 1960 and Change Protocol 12. February 2004 to the Brussels Convention (Additional Convention) 31. January 1963 about replacement liability on the nuclear energy area. |
| 2. |
By the ratification of the Change Protocol of the PariConvention, Norway shall take the following reservations : |
" Norway takes, without effect in relation to article 2 letter a (iii), reservations about the right to estimate lower damages than the minimum amount determined in Article 7 letter a for nuclear damage lidt in the territory of, in ocean area established in accordance with The fold of, or aboard ship or aircraft registered in, other state than Norway, in the extent that this state does not on mutual basis is setting equivalent benefits to their disposal. "
LII
| 1. |
Part I takes effect from the time the King decides. 1 The king can put in effect the individual provisions of different times. The king can give closer transition rules. |
| 2. |
Part II takes effect immediately. |
| 1 |
Ikr. from the time change protocol 12 Feb 2004 to the PariConvention on 29 July 1960, ikr. for Norway, with the exception of the changes in Section 1 letter k, Section 40 and Section 41, which takes effect. from the time change protocol 12 Feb 2004 to the Brussels Convention (Additional Convention) 31 jan 1963 about replacement liability on the nuclear energy area becomes ikr. for Norway. |
