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Law No. 203 Of 11 November 1998 On Ratification Of The Protocol To Amend The Vienna Convention On Civil Liability For Nuclear Damage, Done At Vienna On 12 September 1997

Original Language Title:  LEGE nr. 203 din 11 noiembrie 1998 pentru ratificarea Protocolului de amendare a Convenţiei de la Viena privind răspunderea civilă pentru daune nucleare, adoptat la Viena la 12 septembrie 1997

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LEGE no. 203 203 of 11 November 1998 for the ratification of the Vienna Convention on Civil Liability for Nuclear Damage, adopted in Vienna on 12 September 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 438 438 of 18 November 1998



The Romanian Parliament adopts this law + Article UNIC The Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage, adopted in Vienna on 12 September 1997, is hereby ratified. This law was adopted by the Senate at the meeting of September 14, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of October 12, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN + PROTOCOL amending the Vienna Convention on Civil Liability for Nuclear Damage *) Note * *) Translation The Parties to this Protocol, considering that it is desirable to amend the Vienna Convention of 21 May 1963 on civil liability for nuclear damage, in order to extend the applicability, increase the amount of liability of the operator of a nuclear facility and improving the means of achieving adequate and equitable repair, have agreed as follows: + Article 1 The Convention which is amended by the provisions of this Protocol is the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage, hereinafter referred to as the 1963 Vienna Convention. + Article 2 Article I of the 1963 Vienna Convention is amended as follows: 1. Paragraph j) of paragraph 1 shall be amended as follows: a) the word "and" is deleted from the end of subparagraph (ii) and is inserted at the end of subpar. ((iii); b) the subpar. ((iv) with the following contents: "(iv) other such installations in which nuclear fuel is located, radioactive products or radioactive waste, as determined by the Governing Council of the International Atomic Energy Agency at certain intervals." 2. Paragraph k) of paragraph 1 shall be replaced by the following: "" k) nuclear damage means: ((i) any death or injury; ((ii) any loss of property or damage to property and each of the following categories, within the limit laid down by the law of the competent court: ((iii) any economic loss resulting from a loss or damage referred to in subpar. ((i) or (ii), not so far included in these subparagraphs, suffered by a person entitled to seek repair of that loss or destruction; (iv) the costs of the measures to restore the degraded environment, unless the degradation is insignificant, if such measures are or will be taken and are not included in the sub-paragraph. ((ii); (v) any loss of income deriving from an economic interest by any use of the environment, suffered as a result of a significant degradation of the environment, not included in the subpar. ((ii); (vi) the costs of preventive measures and any loss or damage caused by such measures; (vii) any other economic damage other than that caused by environmental degradation, if it is admitted by the civil liability legislation of the competent court, in the case of subpar. ((i)-(v) and (vii) above, to the extent that the loss or damage arises as a result of ionising radiation emitted by any radiation source that is in a nuclear facility or emitted by nuclear fuel, radioactive products, or radioactive waste from a nuclear facility or nuclear material from, coming from or sent to a nuclear facility, whether the loss or damage is the result of the radioactive properties of such material or of a combinations of radioactive properties with toxic, explosive or other properties dangerous of such material; ' 3. Paragraph 1 of paragraph 1 shall be replaced by the following: "l) nuclear accident means any fact or succession of facts having the same origin, which causes a nuclear damage or creates a serious and imminent threat to cause damage of this nature, but only with regard to preventive measures;" 4. After paragraph 1 of paragraph 1, paragraphs m), n), o) and p) shall be inserted as follows: " m) restoration measures shall mean any reasonable measures which have been approved by the competent authorities of the State in which these measures have been taken and which aim to restore or rehabilitate the components of the environment destroyed or affected, or the introduction, where reasonable, of the equivalence of these components in the environment. The law of the state in which the damage was suffered will determine who is empowered to take such measures; n) preventive measures means any reasonable measures taken by any person after the occurrence of a nuclear incident, in order to prevent or reduce to a minimum the damage referred to in par. k) subpar. ((i)-(v) or (vii), subject to approval by the competent authority, required under the law of the State in which these measures were taken; o) reasonable measures shall mean any measures which are deemed appropriate and proportionate by the law of the competent court in respect of all circumstances, such as: ((i) the nature and extent of the damage suffered or, in the case of preventive measures, the nature and extent of the risk of (ii) the likelihood, at the time when they are taken, that these measures are effective; and (iii) the relevant scientific and technical expertise; p) special drawing rights, hereinafter referred to as the SDR, means the accounting unit defined by the International Monetary Fund and used by it for its own operations and transactions. " 5. Paragraph 2 is replaced by the following: "" Two. If the risks arising are sufficiently limited, the State in which the installation is located may exclude any nuclear installation or small amount of nuclear material from the application of this Convention, provided that: a) with regard to nuclear installations, the criteria for exclusion should be laid down by the Governing Council of the International Atomic Energy Agency and any exclusion operated by the State in whose territory the nuclear facility is located satisfy these criteria; b) in respect of small quantities of nuclear material, the maximum limits for the exclusion of such quantities shall be determined by the Governing Council of the International Atomic Energy Agency and any exclusion operated by the State on the territory of which the nuclear facility is located must comply with these limits The criteria for the exclusion of nuclear installations and the maximum limits for the exclusion of small quantities of nuclear material will be reviewed periodically by the Governing Council. " + Article 3 After Article I of the 1963 Vienna Convention, Articles IA and IB are inserted, with the following contents: "" ARTICLE IA 1. This Convention shall be applied in all cases where nuclear damage occurs. 2. At the same time the legislation of the State in which the installation is located may exclude from the application of this Convention a) in the territory of a non-Contracting State; or b) in any maritime area established by a non-Contracting State, in accordance with the rules of international law of the sea. 3. An exclusion by virtue of paragraph 2 of this Article may be applied only in respect of a non-Contracting State which, at the time of the accident: a) has a nuclear installation on its territory or in any maritime area established by it in accordance with the rules of international law of the sea; and b) does not afford equivalent reciprocal benefits. 4. Any exclusion by virtue of paragraph 2 of this article shall not prejudice the rights provided in par. a) of paragraph 2 of art. IX and any exclusion as defined in paragraph 2 b) of this Article shall not be applied to damage occurring on board a sea or air ship. + Article IB This Convention shall not apply to nuclear installations used for non-pacifist purposes. " + Article 4 Article II of the 1963 Vienna Convention is amended as follows: 1. The following shall be inserted after paragraph 3 of paragraph 3: " The State on whose territory the installation is located may limit the amount of public funds allocated per incident, up to the difference, if that difference exists, of the amount thus determined and the amount determined in accordance with the provisions of paragraph 1 art. V. " 2. The following shall be inserted at the end of paragraph 4: " The state on whose territory the installation is located may limit the amount of public funds allocated according to the a) paragraph 3 of this Article. '; 3. Paragraph 6 is replaced by the following: "" Six. No person is liable for a loss or damage that is not a nuclear damage according to par. k) of paragraph 1 of art. I, but which could have been considered as such according to the provisions of the same paragraph. " + Article 5 After the first sentence of Article III of the 1963 Vienna Convention, the following is inserted: "At the same time the State in whose territory the installation is located may exclude this obligation in relation to the transport which takes place entirely within its territory." + Article 6 Article IV of the Vienna Convention is amended as follows: 1. Paragraph 3 is replaced by the following: "" 3. No liability shall, under this Convention, incumba an operator if it proves that nuclear damage caused by a nuclear accident has resulted directly from acts of armed conflict, hostilities, civil war or insurrection. " 2. Paragraph 5 is replaced by the following: "" Five. The operator shall not be liable, under this Convention, from nuclear damage caused: a) the nuclear facility itself or any other nuclear facility, including any nuclear facility under construction, on the site where the installation itself is located; and b) goods on the same site and which are or must be used in relation to the nuclear installation. " 3. Paragraph 6 is replaced by the following: "" Six. Repair for damage caused to the means of transport in which the nuclear material is at the time of the nuclear accident may not have the effect of reducing the operator's liability in respect of other damages to a lower amount of either 150 DST million, or to another higher amount, established by the legislation of a Contracting Party, or to an amount established in accordance with paragraph 1. c) of paragraph 1 of art. V. " 4. Paragraph 7 is replaced by the following: "" Seven. No provision of this Convention shall affect the liability of any natural person for nuclear damage for which, according to paragraph 3 or paragraph 5 of this Article, the controller is not liable under this Convention, and which caused a nuclear damage by an action or omission committed with the intention of causing a nuclear damage. ' + Article 7 1. The text of Article V of the 1963 Vienna Convention is replaced by the following: "" 1. The State on whose territory the installation is located may limit the operator's liability for each nuclear accident a) at an amount which will not be less than the sum of DST 300 million; b) at an amount which will not be less than DST 150 million, provided that the amount up to a minimum of DST 300 million will be allocated by that State from public funds to repair the nuclear damage; or c) to a transitional amount which shall not be less than 100 million SDR for a period not exceeding 15 years from the date of entry into force of this Protocol, in respect of a nuclear accident in that period. An amount below the sum of DST 100 million may be determined provided that the State is allocated by the State an amount between that amount and DST 100 million for the compensation of the nuclear damage. 2. The State in whose territory the facility is located, taking into account the nature of the nuclear facility or the nuclear substances involved, and the likely consequences of a nuclear accident that could occur, may establish an amount even more low for the operator's responsibility, provided that this amount is, in no case, below the sum of DST 5 million, and will take the necessary measures to allocate from public funds an amount to reach the amount determined in accordance with the paragraph 1. 3. The amount established by the state on whose territory the installation is located, according to paragraphs 1 and 2 of this article and paragraph 6 of art. IV, apply wherever a nuclear accident occurs. " 2. After Article V, Articles VA, VB, VC and VD are introduced, with the following contents: " THE ARTICLE WILL 1. The profit and expenses granted by the court in the actions for the compensation of nuclear damages will be payable in addition to the amounts referred to in art. V. 2. The boxes referred to in art. V and in paragraph 6 of art. IV may be converted into national currency by rounding. + Article VB Each Contracting Party shall ensure that persons who have suffered nuclear damage can invoke their rights to repair, without having to take separate steps on the origin of the funds intended for this repair. + Article VC 1. If the courts having jurisdiction belong to a contracting party, other than the state on whose territory the installation is located, the public funds required under par. b) and c) of paragraph 1 of art. V and according to paragraph 1 of art. VII, as well as the compensation and expenses awarded by a court will be able to be allocated by the first of these Contracting Parties. The State in which the installation is located shall reimburse the other Contracting Party for the amounts thus paid These two Contracting Parties shall agree on the arrangements for reimbursement. 2. If the courts having jurisdiction belong to the contracting party, other than the state on whose territory the installation is located, the contracting party whose courts have jurisdiction shall take all necessary measures to allows the state on whose territory the facility is located to intervene in procedures and to participate in all the regulations regarding repairs. + Article VD 1. A meeting of the contracting parties shall be convened by the Director-General of the International Atomic Energy Agency, for the modification of the limits of responsibility provided for in art. V, if a third of the number of the Contracting Parties express their wish to do so. 2. Amendments shall be adopted by a majority of two thirds of the present and voting Contracting Parties, provided that at least one half of the number of the Contracting Parties is present at the time of voting. 3. When a proposal to amend the limits is given, the meeting of the Contracting Parties will consider, among other things, the risk of damage resulting from a nuclear accident, changes in monetary values and market capacity. Insurance. 4. a) Any amendment adopted in accordance with the provisions of paragraph 2 of this Article shall be notified for acceptance by the Director-General of the International Atomic Energy Agency to all Contracting Parties. The amendment is considered accepted at the end of a period of 18 months after it has been notified, provided that at least one third of the contracting parties present at the time of adoption of the amendment by the meeting have communicated the Director-General of the International Atomic Energy Agency accepting it. Any amendment adopted in accordance with the provisions of this paragraph shall enter into force 12 months after its acceptance by those Contracting Parties. b) If at the end of the period of 18 months from the date of notification for acceptance, an amendment was not accepted in accordance with the provisions of par. a), then he will be considered rejected. 5. For any Contracting Party accepting an amendment after it has been accepted, but before its entry into force or after it has entered into force, as per paragraph 4 of this Article, the amendment will enter into force on 12 months after its acceptance by that Contracting Party. 6. A State which becomes party to this Convention after the entry into force of an amendment, in accordance with paragraph 4 of this Article, and which does not express an intention to the contrary: a) is considered party to the present amended convention; b) is considered party to the unamended convention, in relation to any state-party not bound by this amendment. " + Article 8 Article VI of the 1963 Vienna Convention is amended as follows: 1. Paragraph 1 shall be replaced by the following: "" 1. a) The right to repair, pursuant to this Convention, shall be extinguished, if an action is not filed: ((i) within 30 years of the date of the nuclear accident, whether related to death or injury; ((ii) within 10 years of the date of the nuclear accident, if it is related to any other damage. b) At the same time, if, according to the law of the state on whose territory the installation is located, the operator's liability is covered by insurance or by any other financial guarantee including public funds for a longer period, the law of powers may provide that the right to repair against the operator shall be extinguished only at the expiry of the period under which the operator's liability is thus covered according to the law of the State in c) Actions filed for repairs on death, injury or other damage, if, in accordance with par. b) of this paragraph, is provided for a longer period, after a period of 10 years from the date of the nuclear accident will in no case affect the rights to repair, according to this Convention, of any person who has filed an action against the operator before the expiry of that period 2. Paragraph 2 is removed. 3. Paragraph 3 is replaced by the following: "" 3. The right to repair, pursuant to this Convention, is subject to limitation or quenching, in accordance with the provisions of the law of the competent court, if an action is not filed during a period of 3 years from the date on which the victim The nuclear damage was known or should have known the damage and the identity of the operator to whom it incumba liability, without the deadlines indicated in par. a) and b) of paragraph 1 above may be exceeded ". + Article 9 Article VII of the 1963 Vienna Convention is amended as follows: 1. At the end of paragraph 1, the following shall be inserted, and the paragraph thus amended shall become paragraph a): " Where the operator's liability is unlimited, the State in the territory of which the installation is located may set a limit on the financial guarantee of the responsible operator, provided that this limit is not less than DST 300 million. The State in whose territory the installation is located shall ensure that the nuclear damage repairs recognised as being the responsibility of the operator are paid, in so far as the insurance or financial guarantee is not sufficient, without that payment being able to do so. exceed the financial security provided under the provisions of this paragraph. " 2. in paragraph 1, paragraph b shall be inserted as follows: " b) Where the operator's liability is unlimited, the State in whose territory the installation is located, taking into account the nature of the nuclear installation, the nuclear substances concerned, and the likely consequences of an accident that they could cause it, establish a lower amount representing the financial guarantee of the operator, provided that this amount so fixed is not less than DST 5 million. The State in whose territory the installation is located shall ensure that the nuclear damage repairs recognised as being the responsibility of the operator are paid, providing the necessary amounts to the extent that the insurance or financial guarantee is not sufficient, without this payment may, however, exceed the limit set by paragraph 1. a) of this paragraph. " 3. In paragraph 3, the words " or para. b) and c) of paragraph 1 of Article V 'shall be inserted after the words' paragraph 1 above '. + Article 10 Article VIII of the 1963 Vienna Convention is amended as follows: 1. The text of Article VIII becomes paragraph 1 of this article. 2. Paragraph 2 is inserted as follows: "" Two. Subject to the application of the rule provided in par. c) of paragraph 1 of art. VI, in the case of actions brought against the operator, if the damage to be repaired under this Convention exceeds or is likely to exceed the maximum amount allocated according to paragraph 1 of art. V, priority shall be given, with regard to repair, to requests for death or injury. " + Article 11 At the end of Article X of the 1963 Vienna Convention the following is inserted: "The benefit of the right of regression provided for under this Article may be extended to the State in whose territory the installation is located, in so far as it has provided public funds in the application of this Convention." + Article 12 Article XI of the 1963 Vienna Convention is amended as follows: 1. After paragraph 1, the paragraph 1 bis is inserted as follows: "" 1 bis. If a nuclear accident occurred in an exclusive economic zone of a contracting party or, if such an area was not delimited, on an area not exceeding the limits of an exclusive economic zone, if such an area was established, the courts of the Contracting Party are the only powers under this Convention to resolve the nuclear damage actions caused by this nuclear accident. The previous sentence is applicable if the contracting party has notified that area to the depositary before the nuclear accident No provision of this paragraph shall be construed as permitting the exercise of jurisdictional jurisdiction in a manner contrary to the rules of international law of the sea, including the United Nations Convention on the Law of the Sea. " 2. Paragraph 2 is replaced by the following: "" Two. Where a nuclear accident does not occur either on the territory of a Contracting Party or in an area notified under paragraph 1 bis or where the place of the nuclear accident cannot be determined precisely, the courts the state on whose territory the installation belonging to the responsible operator is located shall be competent to resolve such actions. '; 3. in paragraph 3 and in paragraph b), "1 bis" shall be added after "1". 4. After paragraph 3, paragraph 4 is inserted as follows: "" Four. The contracting party whose courts are competent shall take the appropriate measures to ensure that only one court has jurisdiction in relation to a nuclear accident. ' + Article 13 After Article XI of the 1963 Vienna Convention, the XIA article is inserted with the following contents: " ARTICLE XIA With regard to actions for the repair of nuclear damage, the contracting party whose courts are competent shall adopt the appropriate measures because: a) any State may bring an action on behalf of persons who have suffered nuclear damage, who are of the nationality of that State or who have their domicile or residence on its territory and who have consented to it; and b) any person may bring an action for the enhancement of rights appropriated by subrogation or by assignment pursuant to this Convention. " + Article 14 The text of Article XII of the 1963 Vienna Convention is replaced by the following: "" ARTICLE XII 1. Any final judgment, which is not susceptible to ordinary forms of revision, rendered by a court of a Contracting Party, having jurisdiction, must be recognised, unless: a) the decision was obtained by dol; b) the party against which the judgment was delivered did not have the opportunity to support its case on a level playing field c) the decision is contrary to the public order of the contracting party where it must be recognized or not in accordance with the fundamental norms of justice. 2. Any final judgment, which is recognized according to paragraph 1 of this article and whose execution is required in the form alleged by the legislation of the Contracting Party, is enforceable as any judgment of the courts of this party Contracting. Any case in respect of which a final judgment has been ruled may no longer be the subject of further examination on the merits. " + Article 15 Article XIII of the 1963 Vienna Convention is amended as follows: 1. The text of Article XIII becomes paragraph 1 of this article. 2. After paragraph 1, paragraph 2 is inserted with the following contents: "" Two. Under the conditions under which the repair of nuclear damage exceeds DST 150 million, the legislation of the State in whose territory the installation is located may derogate from the provisions of this Convention, in respect of nuclear damage suffered on the territory, or in any maritime area established in accordance with the rules of international law of the sea, of another State which at the time of the accident possesses a nuclear installation in that territory, in so far as it does not grant reciprocal advantages of an amount equivalent. ' + Article 16 The text of Article XVIII of the 1963 Vienna Convention is replaced by the following: "This Convention shall not affect the rights and obligations of a Contracting Party under the general rules of public international law." + Article 17 After Article XX of the 1963 Vienna Convention, the following Article XXA is inserted: " ARTICLE XXA 1. In the case of a dispute between the contracting parties regarding the interpretation or application of this Convention, the parties to the dispute shall consult on its settlement by negotiation or by any other amicable means of resolution, acceptable to them. 2. If a dispute of the nature of the one referred to in paragraph 1 of this Article cannot be settled within a period of 6 months after the request for consultation referred to in paragraph 1 of this Article, it shall be subject, to the request of any of the parties in the dispute, arbitration or will be referred to the International Court of Justice for the decision. If within a period of 6 months from the date of the arbitration request the parties to the dispute are unable to agree on the organization of arbitration, one of the parties may ask the President of the International Court of Justice or the Secretary-General of the United Nations to designate one or more arbitrators. In the event of disagreement between the parties ' requests in dispute, the request to the Secretary-General of the United Nations will take precedence. 3. If a State ratifies, accepts, approves or accedes to this Convention, it may declare that it does not consider itself bound by any of the procedures for regulating the disputes referred to in paragraph 2 of this Article. The other Contracting Parties shall not be bound by any dispute settlement procedure provided for in paragraph 2 of this Article in respect of a Contracting Party for which such declaration is in force. 4. A Contracting Party which has made a declaration in accordance with paragraph 3 of this Article may at any time withdraw it by a notification addressed to the depositary. " + Article 18 1. Articles XX-XXV, paragraphs 2, 3 and the number of paragraph "1" of Article XXVI and Articles XXVII and XXIX of the 1963 Vienna Convention shall be deleted. 2. The 1963 Vienna Convention and this Protocol must be read and interpreted together by the Parties to this Protocol as a single instrument, known as the 1997 Vienna Convention on Civil Liability for nuclear damage. + Article 19 1. A State which is party to this Protocol, but not party to the 1963 Vienna Convention, is bound by the provisions of this Convention, amended by this Protocol, in relations with other States-Parties to this Protocol and, if this State did not express an intention to the contrary at the time of the submission of an instrument referred to in art. 20, he is bound by the provisions of the 1963 Vienna Convention in respect of states that are not parties to this convention. 2. No provision of this Protocol affects the obligations of a State which is a party to both the 1963 Vienna Convention and the present Protocol as regards a State which is party to the 1963 Vienna Convention but is not a party to the Convention. party to this Protocol. + Article 20 1. This Protocol shall be open for signature to all States at the International Atomic Energy Agency, Vienna, from 29 September 1997 until its entry into force. 2. This Protocol shall be subject to ratification, acceptance or approval by the signatory States. 3. After the entry into force of this Protocol, all States which have not signed it may accede to it. 4. The instruments of ratification, acceptance, approval or accession shall be stored in addition to the Director-General of the International Atomic Energy Agency, which is also the depositary of this Protocol. + Article 21 1. This Protocol shall enter into force 3 months after the date of deposit of five instruments of ratification, acceptance or approval. 2. For each State which ratifies, accepts, approves or accedes to this Protocol after the date of deposit of five instruments of ratification, acceptance or approval, this Protocol shall enter into force 3 months after that State submits the instrument Appropriate. + Article 22 1. Any Contracting Party may denounce this Protocol by written notice, addressed to the depositary. 2 2. Denunciation shall take effect one year after the date on which the depositary receives the notification. 3 3. Denunciation by any of the parts of this Protocol of the 1963 Vienna Convention, according to art. XXVI, is not interpreted in any case as a denunciation of the 1963 Vienna Convention, which was amended by this Protocol. 4. The provisions of this Protocol shall remain applicable in the event of any nuclear damage caused by a nuclear accident before the date on which the denunciation takes effect. + Article 23 The depositary shall promptly inform the States-Parties and all other States of: a) each signature of this Protocol; b) each deposit of an instrument of ratification, acceptance, approval or accession of the present Protocol; c) the entry into force of this Protocol; d) any notification received according to paragraph 1 bis of art. XI; e) requests to convene a review conference, according to art. XXVI of the 1963 Vienna Convention, and of a meeting of the contracting parties, according to art. VD of the 1963 Vienna Convention which has been amended by this Protocol; f) denunciation notifications received according to art. 22 22 and any other special notices related to this protocol. + Article 24 1. The original of this Protocol, whose versions in Arabic, Chinese, English, French, Russian and Spanish are equally authentic, is deposited with the depositary. 2. The International Atomic Energy Agency sets out the revised text of the 1963 Vienna Convention, as amended by this Protocol, in Arabic, Chinese, English, French, Russian and Spanish. 3. The depositary shall transmit to all States certified certified copies of this Protocol, accompanied by the consolidated text of the 1963 Vienna Convention, which has been amended by this Protocol. As for which, the undersigned plenipotentiaries, fully empowered to do so, have signed this Protocol. Done at Vienna on 12 September 1997. ------