Law No. 703 Of 3 December 2001 On Civil Liability For Nuclear Damage

Original Language Title:  LEGE nr. 703 din 3 decembrie 2001 privind răspunderea civilă pentru daune nucleare

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LAW no. 703 of 3 December 2001 (* updated *)
on Civil Liability for Nuclear Damage
(updated until May 7, 2007 *)
Issued



PARLIAMENT

------------ *) The text was originally published in the Official Gazette no. 818 of 19 December 2001. This is the updated SC "Territorial Computing Centre" Piatra Neamt until 7 May 2007, with amendments and supplements of: Adjustment no. 703 of 3 December 2001; Law no. 470 of 4 November 2004; Law no.
115 of 27 April 2007. The Romanian Parliament adopts this law.

Chapter 1 General Provisions



Article 1


The object of this law is to regulate civil liability for compensation for losses resulting from the activities of the use of nuclear energy for peaceful purposes.

Article 2


Provisions of this law are applied without discrimination based on nationality, domicile or residence.

Article 3


In this law:

A) nuclear accident means any occurrence or series of occurrences having the same origin which causes nuclear damage, and on preventive measures, creates a grave and imminent threat of causing such damage;


B) the competent national authority is the National Commission for Nuclear Activities Control;


C) nuclear fuel means any material or mechanical assembly containing raw material or special fissionable material for power generation through nuclear fission chain reaction in a nuclear reactor;


D) nuclear damage means:


1. any death or any injury;
2. any loss or damage to property;
March. any economic loss resulting from damage which was referred to in section. 1 and 2, not included in these provisions, if suffered by a person entitled to claim damages in respect of such loss;
4. The cost of restoring the environment damaged following a nuclear accident if such damage is significant, if such measures are taken or to be taken and if not included in pt. 2;
May. any loss of income deriving from an economic interest against any use of the environment, caused significant damage to the environment and if it is not included in pt. 2;

-------------- Pct. 5 of lit. d) of art. 3 was modified for rectification no. 703 of 3 December 2001, published in the Official Gazette no. 115 of 12 February 2002.
June. the cost of preventive measures and any loss or damage caused by such measures;
July. any other economic loss, other than that caused by environmental degradation, if allowed by the legislation on civil liability of the competent court.
Losses or damages listed in. 1-5 and 7 are considered nuclear damage to the extent that the loss or damage:
- arises as a result of ionizing radiation emitted by any source of radiation that is a nuclear installation or emitted from nuclear fuel, radioactive products or radioactive waste from a nuclear facility or nuclear material originating in, coming from or sent to a nuclear installation;
- It is the result of the radioactive properties of such material or a combination of radioactive properties with toxic, explosive or other hazardous properties of such material;

E) radioactive waste means those materials resulting from nuclear activities for which no use was not provided, containing or contaminated by radionuclides in concentrations exceeding the exemption limits;


F) Special Drawing Rights, referred to as SDR, means the unit of account defined by the International Monetary Fund, used it for its own transactions and operations;


G) nuclear installation means:


1. any nuclear reactor other than one that is equipped with a means of sea or air transport to be used as a source of power, whether for propulsion or for any other purpose;
2. any factory using nuclear fuel for the production of nuclear material and any plant processing nuclear material, including any factory for the reprocessing of irradiated nuclear fuel;
March. any facility where nuclear material is stored, other than storage for transport of nuclear materials.
Nuclear installations belonging to one operator, which is on the same site shall be considered a single nuclear installation;


H) the competent court is the court in whose jurisdiction over the headquarters of the operator of the nuclear installation;


I) nuclear material means:


1. nuclear fuel other than natural and depleted uranium, capable of producing energy by a chain reaction of nuclear fission outside a nuclear reactor or in combination with other materials;
2. radioactive products or waste in compliance with the limits established by the Board of Governors of the International Atomic Energy Agency;

J) means any reasonable measures appropriate measures commensurate with the extent of the damage and to reduce the consequences of nuclear accidents;


K) preventive measures means any reasonable measures taken by any person after a nuclear accident to prevent or minimize damage referred to in subparagraph d) pt. 1 to 5 and 7, as decided by the competent national authority;


L) measures of reinstatement means any reasonable measures approved by the competent national authorities, designed to restore or rehabilitate damaged or destroyed components of the environment or to introduce, where possible, the equivalent of these components into the environment;


M) operator means the holder of the license issued according to Law no. 111/1996 regarding the safety of nuclear activities, republished;


N) means any natural person, any legal person of public or private law, any international organization with legal personality under the law of any State or any of its constituent subdivisions;


A) radioactive product means any radioactive material obtained in the course of production or utilization of nuclear fuel or any material made radioactive by exposure to radiation emitted during this process, except radioisotopes having reached the final stage preparation and are intended to be used for purposes other than peaceful production of electricity;


P) nuclear reactor means any structure containing nuclear fuel can be arranged to produce a chain reaction of nuclear fission without additional source of neutrons.


Chapter 2

civil liability regime for nuclear damage

Article 4


(1) The operator of a nuclear installation and exclusive liability for nuclear damage, if proved to be caused by a nuclear incident:


A) occurred in the nuclear installation;


B) involving nuclear material coming from nuclear installation:


1. before liability for nuclear damage on this material has been assumed, based on a written contract by another operator;
2. in the absence of express provisions of these agreements provided for in pt. 1, before another operator has taken charge of the material;
March. if nuclear material was sent to a person in another country before it has been unloaded from the transport vehicle through which arrived on the territory of that State;

C) involving nuclear material sent to this nuclear installation:


1. after liability for nuclear damage caused by that nuclear material was transferred to him by the operator of another nuclear installation pursuant to a written contract;
2. in the absence of express provisions of a written contract after the operator took over the material;
March. if such material was sent with the written consent of the operator, by a person located in another State, only after the material has been loaded on the means of transport must leave the territory.

(2) If nuclear damage is caused by a nuclear incident occurring in a nuclear installation and involving nuclear material stored for transportation, the provisions of par. (1) a) shall not apply where another operator or another person is only liable under the provisions of par. (1) b) or c).


(3) In case of a nuclear accident occurring during the transport of nuclear materials civil liability for nuclear damage lies entirely carrier, which will be considered under this law operator, at his request and with the consent of the operator.



(4) Where nuclear damage liability trains more operators, they jointly and severally liable for damages in full, to the extent that it is impossible to determine with certainty the part of the damage attributable to each. Each operator's liability may not exceed the amount which is applicable according to Art. 8.


(5) Subject to paragraphs. (3) when more nuclear power plants belonging to the same operator are involved in a nuclear accident, the operator is responsible for each nuclear installation involved up to the amount which is applicable according to Art. 8.


Article 4 ^ 1


(1) The state liable for nuclear damage if:


A) is direct and immediate result of an act of nuclear terrorism;


B) is direct and immediate result of a nuclear accident, in all circumstances referred to in art. 4 in which a nuclear operator is unable to obtain coverage on the national and / or international insurance liability for nuclear damage or other appropriate financial guarantee.


(2) The operator of a nuclear installation in the situation referred to in para. (1) b) is obliged to prove to the competent national authority unable to obtain coverage from insurers that specialize in coverage of civil liability for nuclear damage.


(3) Compensation for nuclear damage in para. (1), established under the law, they are borne by the State from public funds.



------------ Art. 4 ^ 1 was amended by the single article of Law no. 115 of 27 April 2007, published in the Official Gazette no. 4, 2007. 298

Article 5


(1) If the operator proves that the nuclear damage resulting in whole or in part, from the gross negligence of the person who suffered or that person has acted or omitted to act, with the intention of cause damage, the competent court may relieve the operator wholly or in part, the obligation to repair the damage suffered by that person.


(2) The operator is relieved of liability if he proves that the nuclear damage is the direct result of an act of armed conflict, civil war, insurrection or hostility.


(3) Where nuclear damage and nuclear damage caused by a nuclear incident or jointly by a nuclear incident and one or more other occurrences, nuclear damage, to the extent that can not be separated with certainty of nuclear power, it is considered under this law as nuclear damage caused by a nuclear accident.


(4) The operator is not liable for nuclear damage caused by nuclear installation itself, any other nuclear facilities, including under construction, located on the plant site itself, nor for property on the site of the nuclear facilities that are used or to be used in relation to it.


(5) individuals nuclear damage caused by an act or omission committed with intent to cause nuclear damage and the operator is not liable for par. (1) liable for nuclear damage caused.


Article 6


(1) The nature, form and size of damages and equitable distribution are set by competent authorities including where nuclear accident has occurred in the exclusive economic zone of Romania.


(2) If the actions brought against the operator the damage to be compensated exceed the amounts provided for in art. 8, priority allocation of compensation cases of death or injury caused by a nuclear accident or as a result thereof.


Article 7


No one is entitled to be indemnified under this Act if the nuclear damage has already been repaired under an international convention on civil liability for nuclear damage.

Chapter 3

system of compensation for nuclear damage

Article 8


(1) The operator's liability is limited for each nuclear accident at least equivalent in lei of 300 million SDRs.



(2) With the approval of the competent national authority operator's liability may be limited for each nuclear accident less than the equivalent in lei of 300 million SDRs, but not less than the equivalent in lei of 150 million SDRs, provided that the difference up RON equivalent to a minimum of 300 million SDRs are allocated by the State from public funds to cover nuclear damage under this law.


(3) For a period of 10 years from the coming into force of this Act, with the approval of the competent national authority, the operator may be limited liability for a nuclear accident occurring during this period to less than the equivalent in RON of 150 DST million, but less than the equivalent in RON of 75 million SDR, provided that the difference up to the equivalent in lei of 150 million SDRs are allocated by the state of public funds to cover nuclear damage under this law.


(4) In the case of research reactors and radioactive waste repositories and spent nuclear fuel operator liability under paragraph. (1) and (2) shall be at least equivalent in RON of 30 million SDR, which can be reduced with the approval of the competent national authority, up to the equivalent in RON of 10 million SDR, provided that the difference to the minimum equivalent in lei SDR 30 million to be allocated to the state from public funds to compensate nuclear damage under this law.


(5) If the operator liability transport of nuclear materials within the meaning of art. 4 para. (3) is limited to the equivalent in lei 5 million SDRs; the transport of nuclear fuel was used in a nuclear reactor operator liability within the meaning of art. 4 para. (3) is limited to the equivalent in RON of 25 million SDR.


(6) Para. (1) - (5) do not include interest and costs.


(7) Para. (1) - (6) shall be explicitly mentioned in the operator's license issued under Law no. 111/1996, republished.


Article 9


Damages relating to nuclear damage, profit and costs set by the court jurisdiction shall be expressed in lei, according to art. 8.

Article 10


People who have suffered nuclear damage may enforce their rights to compensation through a single action, without the need to undertake separate proceedings according to the origin of the funds provided for such compensation.

Chapter 4

right to recourse

Article 11


(1) The operator has no right to recourse only:


A) if such a right was expressly provided for in a contract in writing;


B) if the nuclear incident resulting from an act or omission done with intent to cause nuclear damage against the individual who has acted or omitted to act with this intention.


(2) The right of recourse shall extend to the State insofar as it has provided public funds pursuant to this law.




Chapter 5 Extinction of right of action for damages

Article 12


(1) The right to compensation against the operator shall lapse if an action is not brought within:


A) 30 years after the nuclear accident if action is related death or injury under Art. 3 letter d) pt. 1;


B) 10 years after the nuclear accident if action is linked to other nuclear damage in accordance with art. 3 letter d) pts. 2-5 and 7;


(2) The right to compensation against the operator shall be extinguished if an action is not brought within a period of 3 years from the date on which the person suffering nuclear damage knew or ought to have known of the damage and the identity of the operator responsible for it, without time limits provided. (1) being exceeded.


(3) Any person who has suffered nuclear damage and brought an action for compensation under the terms of par. (1) may amend its application to include any aggravation of the damage, even after those time limits, so long as a final and irrevocable decision has not been rendered by the competent court.


Chapter 6


Insurance and financial guarantees
Article 13


(1) The operator is obliged to conclude an insurance contract or a financial guarantee to cover his civil liability for nuclear damage and the competent national authority to prove its existence, to issue the authorization according to Law no. 111/1996, republished.



(2) Para. (1) shall also apply to carriers of nuclear materials.


(3) The insurer or any other financial guarantor is obligated to notify the competent national authority, at least two months before any suspension or cancellation of insurance or a financial guarantee provided in par. (1).



Final Chapter 7


Article 14


Provisions of an insurance scheme illness, social insurance, social security, insurance against accidents at work or occupational diseases are applied simultaneously with this law.

Article 15


This law, to the extent not otherwise be completed by the provisions of the Civil Code and the Code of Civil Procedure.

Article 16


(1) Within nine months from the publication of this law in the Official Gazette of Romania, Part I, the competent national authorities together with the Ministry of Finance will issue rules on the application of this law, which will be approved by Government decision.


(2) This Law shall enter into force 12 months after publication in the Official Gazette of Romania, Part I.


This law was passed by the Chamber of Deputies in the meeting of September 10, 2001, in compliance with art. 74 para. (2) of the Romanian Constitution. The Chamber of Deputies Valer


DORNEANU This law was passed by the Senate in its meeting of 6 November 2001, in compliance with art. 74 para. (2) of the Romanian Constitution.
P. SENATE, Doru Ioan TARACILA

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