Law 12/2011, May 27, On Civil Liability For Nuclear Damages Produced By Radioactive Materials.

Original Language Title: Ley 12/2011, de 27 de mayo, sobre responsabilidad civil por daños nucleares o producidos por materiales radiactivos.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
JUAN CARLOS I King of Spain to all that the present join together and Act, know: that the Cortes Generales have approved and I come in to sanction the following law.

PREAMBLE I the regulation of liability for nuclear damage is has been done in chapters VII, VIII and IX of the Act 25/1964, 29 April, on nuclear energy, which establishes the responsibilities and obligations of the operators of nuclear installations, as well as the regulations that develop it, Decree 2177 / 1967 , 22 July, which approves the regulation on nuclear risks.

Spain is a Contracting Party to the Paris Convention of 29 July 1960, on the responsibility of civil nuclear energy, and of the Brussels Convention of 31 January 1963, complementary of the former, whose provisions is derived, essentially, national regulation on this matter. These conventions have been revised in a timely manner in the past to point out some of the criteria on which is based the application of its provisions. In addition, the Organization for cooperation and the economic development (OECD), of the Paris Convention, recommended in 1990 update the levels of responsibility of operators for nuclear damage to ensure wider coverage. These changes have been reflected in the national regulation through a revision of the aforementioned Act 25/1964 of 29 April, by law 40/1994 of 30 December, management of the electrical system, and subsequently by law 54/1997, of 27 November, the Electricity Sector.

In the month of February 2004 two new amendments of the conventions of Paris and Brussels were approved. These amendments make up an in-depth review of some of the basic elements of the regime of nuclear liability, and make a substantial modification of the existing domestic legislation necessary to reflect changes and realize those provisions which, in accordance with the provisions of the conventions, the Contracting States determine in their national legislation.

The importance of the changes that should be introduced in Act 25/1964 of 29 April, the specialty of the matter, the intervention of different organs of the Administration because of their powers, and the fact updates of this regime to respond to needs and circumstances of a scope that is independent from the rest of the materials that are regulated in the law they have advised their regulation by means of a specific standard.

The main object of this law is, therefore, regulate the nuclear civil liability in accordance with the international conventions of Paris and Brussels, which is complemented by the establishment of a specific regime of liability for damage that may cause accidents in which involved radioactive materials that are not nuclear substances will be.

These latest amendments of the conventions of Paris and Brussels protocols were ratified by Spain dated November 18, 2005. However, in accordance with the "Decision 2004/294/EC of the Council of 8 March 2004, authorizes the States members which are Contracting Parties to the Paris Convention of 29 July 1960 on third-party liability in the field of nuclear energy, to ratify, in the interest of the European Community, the Protocol whereby the agreement is modified or to accede to it» the presentation of the instrument of ratification of the Paris Convention to the Secretary General of the Organization for cooperation and economic development, as well as its entry into force, shall be jointly and on the date that all States members which are part of the same agreed by it. The need for the Council Decision is a consequence of the existence of Community jurisdiction in the areas civil and commercial, in particular through regulation (EC) No. 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and the enforcement of judgments in civil and commercial matters.

Given that Spain, as indicated, has already ratified both protocols, it was considered convenient to introduce reform, of transitory character of the current civil liability regime until the entry into force of this law. This reform, which was approved by two additional provisions inserted in the law 17/2007 of 4 July, by which modifies Law 54/1997, of 27 November, in the Electricity Sector, to adapt it to the provisions of Directive 2003/54/EC, of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal electricity market update the limits of nuclear civil liability for nuclear damage which already embodied in the Act 25/1964 of 29 April, and also introduces, separately, obligations in respect of civil liability for environmental damages of nuclear origin. This transitional regime is repealed by this Act, which, in accordance with the provisions of the Paris and Brussels conventions, integrates in a same legal regime nuclear damage which traditionally embodied in the Act 25/1964 of 29 April, and environmental damage from nuclear origin considered for the first time in the protocols of amendment of these recently ratified conventions.

II the conventions of Paris and Brussels are as fundamental principle responsibility objective of the operator for nuclear damage as a result of an accident at a nuclear facility regardless of the cause origin, within the limits and under the conditions established in the same. The Paris Convention determines the mandatory minimum liability the operator, must face that while Brussels establishes supplementary compensation, up to a certain limit, to compensate the victims or repair damage when damages exceed the liability attached to the first.

The Protocol of amendments of these conventions, adopted in February 2004, maintain this same structure of compensation for nuclear damage. However, the amounts of the compensation for each accident and installation are increased significantly, becoming: a) a first tranche of EUR 700 million of mandatory minimum liability of the operator, in accordance with the provisions of the Paris Convention.

(b) a second tranche of compensation complementary between 700 million euros and 1,200 million euros, laid down in the Brussels Convention, which would correspond to the operator or the State according to what is established in national legislation).

(c) a third section compensation complementary between 1,200 million euros and 1,500 million euros, laid down in the Brussels Convention, which it would provide, if necessary, with public funds contributed by all the States part of the Convention of Brussels in proportion to their gross national product and its installed nuclear power.

In addition, the amendment to the Paris Convention maintains the option that the laws reduce the mandatory minimum liability of the operator in the case of nuclear installations whose risk does not require one greater coverage and transport of nuclear substances, while the minimal amounts of compulsory liability of operators in these cases also increase, and may not be inferior to EUR 70 million and 80 million euros respectively.

On the other hand, the amendments introduce other changes in the regime of civil liability, including: 1. the extension of the concept of nuclear damage to include any economic loss resulting from damage to persons or to property, the restoration of the degraded environment measures, profits directly related to the use or enjoyment of the degraded environment and the cost of preventive measures and any loss or damage caused by such measures.

2. the extension of the geographical scope of the Convention, to include as a compensation, in cases where appropriate, the damage to third countries signatory of the common protocol of agreements liability civil nuclear Paris and Vienna, as well as in third countries which do not have nuclear installations or those whose legislation granted equivalent reciprocal benefits.

3. the extension of the period of claim for personal damages of 10 to 30 years.

III the conventions of Paris and Brussels are a legal binding for the Contracting States coming to harmonize the application of the concepts of civil liability for nuclear damage. However, some of its provisions grant a margin of discretion in its application that the Contracting States must be translated into their national laws.

As remarkable aspect, this law establishes that over the stretch of mandatory minimum liability of the operator sets the Paris Convention, the second tranche of complementary compensation established the Brussels agreement between 700 million euros and 1,200 million euros also has to be fully guaranteed by the operators of the facilities. For this purpose, they are required to establish coverage of civil liability for nuclear damage, under the conditions provided for in this law, for an amount of 1,200 million euros by one of the authorized procedures referred to in chapter II of title I of the Act.
On the other hand, the conventions do not specify no preference in the order of payment of compensation, leaving priority setting to the decision of the Contracting States within their national legislation. The absence of precedence can give rise to difficulties practical solving procedures, since it would be necessary to wait for that recognises the claim period before releasing the funds needed to deal with the claims made by the victims. These difficulties, faced already with the drafting of the conventions until now in force, have been extension in the amendments as a result of the extension of the concept of nuclear damage and the extension of the period for claim for personal damages of 10 to 30 years. To overcome them, this law establishes a priority of claims, so that priority is given to claims for personal damages that are formulated within the first three years from the date in which occurred the accident, which should be addressed without delay. Second, claims would have preference for damages resulting from the degradation of the environment formulated within the first three years and then claims made for damages to property, economic losses arising from damages to persons and property, as well as the profits directly related to the use and enjoyment of the environment , also within the first three years. The priority should be addressing claims by their order of presentation, until the exhaustion of the maximum amount established in the law for the compensation of damage is extinguished from the third year. Where the funds needed to deal with claims for personal damages exceeded the maximum amount established, the State undertakes to arbitrate legal means to compensate the victims occurred within Spain.

With respect to installations of low risk, such as uranium oxide fuel factories, as well as in the transport of nuclear substances, remains enabling already consisting in Act 25/1964 of 29 April, which is authorized to the Ministry of industry, tourism and trade, following a report of the Consejo de Seguridad Nuclear to reduce the responsibility of the operator to the minimum amounts laid down for this purpose in the Paris Convention. Where such amounts were insufficient to meet the claims for damage caused by an accident, the State would be forced to arbitrate the measures to cope with them up to the limits of liability provided in the conventions of Paris or Brussels, as appropriate.

Finally, remain in this law some of the concepts of the Act 25/1964 of 29 April, among them the exception does not require coverage of civil liability for nuclear damage to bodies of public ownership, enabling the Ministry of economy and finance to secure a franchise at the expense of the insured, and the subsistence of the liability of the operator for nuclear damage that could occur with materials that have been abandoned lost, robbed or stolen.

IV. as has been suggested, this law obliges the operator to establish a coverage of civil liability for nuclear damage for a quantity of 1200 million euros for nuclear installations. However, during the processing of this law has been the difficulty that the market of insurance operating in the national territory covers all of the required guarantee, as well as offer operators, at the present time, assurance for any of the listed within the definition of nuclear damage, in particular the environmental and personal claiming after 10 years from the date of the accident.

The circumstances that concur in the domestic market of insurance companies are repeated in other countries, so that the Contracting States of the conventions have established or are developing different legal or financial mechanisms to provide operators of assurance alternative methods to the market of insurance entities. These methods of alternative assurance often with intervention, direct or indirect, of the State, which provides the necessary warranty as consideration for the payment of a fee or a premium.

In this Act referred to as valid procedures for the establishment of the nuclear civil liability coverage: insurance contract, any other financial security with an entity authorized by the Ministry of economy and finance or a mixture of both. Among the financial guarantees, the law expressly provides that electrical system can offer this guarantee for non insurable damages by entities of insurance with the consideration for the payment of a premium determined for this purpose. In this way, it comes to realize a flexible mechanism, which has the character of last resort, to which operators can turn when the insurance companies market conditions are such that it does not offer coverage for some of nuclear damage as defined in the Paris Convention.

V on the other hand, at present, there is no international regime governing civil liability for damage caused by radioactive materials that are not nuclear substances. This is because it is not expected that such accidents may cause important damages that have cross-border implications. However, it was considered appropriate to include in this law, in line with the provisions of the Act 25/1964 of 29 April, regulating the responsibility of the owners of radioactive installations by damage within the Spanish territory which are caused by accidents involving radioactive materials that are not nuclear substances, graduated amounts of compulsory coverage depending on the activity of such materials. The regime established separate treatment of damage to persons and property, as well as economic losses arising from these, the treatment of environmental damage. In the first case, these are regulated following a procedure similar to that established for damage caused by nuclear substances, while in the second, this law refers to the system of environmental liability that is in force, enabling the Ministry of industry, tourism and commerce so that previous reports of the Ministry of environment and Rural and Marine Affairs and of the Consejo de Seguridad Nuclear determine the amount of financial guarantees that apply depending on the seriousness of the environmental damage that would spark the activity.

VI the present law is structured into a preliminary title, and two titles with a repealing provision, six final provisions and an annex. The standard has been drafted so that, in what refers to nuclear damage, apart from the provisions of a general nature, only expressly regulate those aspects which, in accordance with the conventions of Paris and Brussels, are left to the initiative of the Contracting States in their national legislation, referring to the text of the conventions to all that which is of direct application.

Preliminary title includes the general provisions of the Act, which are the object, scope and definitions. The latter are those provided for in the Paris Convention, although some additional definitions have been added to facilitate the application of the law, both in relation to the nuclear substances as with radioactive materials which are not substances nuclear.

The title I establishes the regime of civil liability for nuclear damage and appears structured in three chapters. In its first chapter determines the shape and amount of liability of operators of nuclear installations for nuclear damage occurring both inside and outside the national territory. In the latter case the law contemplates the different cases that can arise on the basis of reciprocity established in the national legislation of the third country in which the damage. In addition, sets the obligation of the State to contribute public funds to the complementary compensation provided for in the Brussels Convention when the compensation for damages are greater than 1,200 million euros and up to a limit of 1,500 million euros. Finally, when the Ministry of industry, tourism and trade, following a report of the Consejo de Seguridad Nuclear, set an amount of liability below the established for nuclear facilities or transport of nuclear substances, referred to the obligation of the State to address compensation exceeding such liability up to a limit of 700 or 1,200 million euros , as appropriate.

On the other hand referred to the excluded damages, the conditions under which the law of repetition and the subsistence of the liability of the operator for nuclear damage caused by nuclear substances lost or abandoned, as well as when they have been the subject of robbery or theft, which remains in effect until three years have elapsed from the date in which the operator notifies the authorities the loss of control of substances can be applied.
Chapter II of title I regulates the obligation of operators to establish coverage for civil liability which credited the law and valid procedures for the settlement of the same, which referred expressly to the electrical system can supply to the private market with respect to non-insurable risks insurance entities under the payment of a premium established for that purpose.

Finally, chapter III of title I provides the procedure for the compensation claim, referring to law 1/2000, of 7 January, Civil procedure, without prejudice to the application of other mechanisms of conflict resolution that can accelerate the payment of compensation to the victims. Finally listed the terms of warranty and limitation of nuclear damage.

Title II regulates the liability for any damage that may arise the radioactive facilities in the handling, storage or transportation of radioactive materials that are not nuclear substances, establishing differentiated procedures according to which the damage, on the one hand to persons, property, or economic losses that such damage, and on the other hand the environment. The annex contains the allocation of the lower limits that guarantee need to be set to answer from the damage caused by radioactive materials that are not nuclear substances on the basis of its activity.

As regards the final part of this Act, include three additional provisions; the first mandates the Government to adapt with the Generalitat de Catalunya, the basic Nuclear Emergency Plan, creating a management structure coordinated plans for Nuclear emergency and outside of the Sector chemical of Tarragona. The second change, at the same time, fourth additional provision of the societies tax law on the taxation of assets transmissions carried out in compliance with provisions with range of law and with the rules of competition. The third modifies article 2 of the Act 25/1964, nuclear energy, to redefine the figure of the "owner or operator" of an authorization, and incorporate the definition of 'nuclear safety' in accordance with the definition in the «directive 2009/71/Euratom of 25 June 2009, on the establishment of a Community framework for the nuclear safety of nuclear installations on nuclear safety reflecting the need to achieve adequate in a nuclear installation conditions of exploitation, and the prevention of accidents, for which purpose it is essential the continuing conditions of security of nuclear facilities review, taking into account the criteria for this purpose set the European Union. In addition, amending article 28 of the Act, in order to incorporate new criteria on the regime of ownership of nuclear power plants, so that responsibilities are clearly defined and increase transparency. Furthermore, the single repealing provision orders the repeal of Chapter VII of law 25/1964 of 29 April, with the exception of article 45, which is modified by a final disposition, as well as the chapters VIII, IX and X of the said Act, relating to nuclear civil liability. The second additional provision of law 17/2007 of 4 July, by which modifies Law 54/1997, of 27 November, in the electricity sector, to adapt it to the provisions of Directive 2003/54/EC, of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal electricity market is also repealed which established a transitional regime of nuclear civil liability for environmental damage. They are also repealed those provisions of the Decree 2177 / 1967, 22 of July, which approves the regulation on coverage of nuclear risks, and those contained in article 9 of the regulation on nuclear and radioactive facilities, approved by Royal Decree 1836 / 1999 of 3 December, in which oppose law.

The first final provision revising article 45 of law 25/1964 of 29 April, on Nuclear energy, which in its new wording refers to the specific legislation of nuclear civil liability with regard to the obligation to establish such liability coverage.

The second final provision amends article 9 of the text revised the Legal Statute of the insurance compensation Consortium, approved by Royal Legislative Decree 7/2004, of 29 October, referring to the modalities under which the Consortium can offer coverage of insurable risks when the whole of the insurance entities does not reach the minimum limit of liability which sets the law.

The third final provision determines the competences title which are covered by this law, and the fourth final provision authorizing the Government to dictate the precise arrangements for their development and, in particular, to incorporate into the right internal decisions taken by the Committee of address of the Agency of Nuclear energy of the Organization for cooperation and economic development (OECD) pursuant to the Paris Convention. The fifth final provision empowers the Ministry of industry, tourism and trade to establish, by order, a franchise to the insured in relation to risks for nuclear damages covered by insurance entities and depending on market circumstances which at all times fulfilled.

The sixth final provision establishes that the entry into force of the law will occur when there is the entry into force of the protocols of 12 January 2004 by which modify the conventions of Paris and Brussels, once all the Member States of the European Union which are Contracting Parties to the first of them together deposited their instruments of ratification to the Secretary-General of the OECD , in accordance with the provisions of the Decision of the Council of the European Union of 8 March 2004.

PRELIMINARY title General provisions article 1. Object.

1 the object of this law is the establishment of the regime of civil liability for nuclear damage, without prejudice to the provisions of the Convention on civil liability in the field of nuclear energy of 29 July 1960, amended by the Protocol of 28 January 1964, of 16 November 1982 and 12 January 2004 (hereinafter (, Paris Convention) and the Convention of 31 January 1963 supplementary to the above, amended by the Protocol of 28 January 1964, of 16 November 1982 and 12 January 2004 (hereinafter the Brussels Convention). The provisions laid down in these conventions will be directly applicable to nuclear installations and transport of nuclear substances.

2. in addition, the title II of this law sets a specific regime of liability for damage caused by accidents causing the emission of ionizing radiation that may occur in the handling, storage and transport of radioactive materials that are not nuclear substances.

Article 2. Spatial scope.

1. the title I of this Act applies to damage nuclear produced during storage, handling, processing, use in any form or transport of nuclear substances well in the territory, well in all maritime zone established under international law pertaining to, or well (except in the case of those States which are not parties to the Paris Convention and which do not satisfy the requirements laid down in paragraphs b). ((((, c)) and (d) of this article) on board a ship or aircraft registered by: to) a State which is a Contracting Party to the Paris Convention.

(b) a State which is not Contracting Party to the Paris Convention but that at the time of the nuclear incident is a Contracting Party to the Vienna Convention on civil liability for nuclear damage of 21 May 1963, and any change to this agreement that is in force for such a party, as well as the common protocol on the application of the Vienna Convention and the Paris Convention of 21 September 1988, provided that the nuclear installation of the operator responsible for the accident is located in a State that is a Contracting Party to the Paris Convention both as the common protocol.

(c) a State other than the Paris Convention Contracting Party and at the time of the nuclear incident has no nuclear installation in its territory or maritime zones established in accordance with international law.

(d) any other State which is not a Contracting Party of the Paris Convention which is in force, at the time of the accident nuclear, legislation on nuclear liability to grant equivalent reciprocal benefits, and which is based on principles identical to the of the Paris Convention including, among others, the strict liability of the operator responsible for the absolute liability of the operator or provision of equivalent effect , the exclusive jurisdiction of the competent court, equal treatment for all victims of a nuclear incident, recognition and enforcement of judgements, free transfer of compensation, interests and costs.

2. the title II of this Act applies to damage caused during storage, handling, processing, use in any form or transport of radioactive materials that are not nuclear substances throughout the national territory.

Article 3. Definitions.

1. for the exclusive purposes of civil liability for nuclear damage, the following definitions shall be taken into account:
(a) "nuclear accident": is all done or succession of events from the same source that caused nuclear damage.

(b) ' nuclear facilities' are: 1 the nuclear reactors, except those that are part of a means of transport.

2. preparation or processing of nuclear substances factories.

3rd the separation of isotopes of nuclear fuel factories.

4th the reprocessing of irradiated nuclear fuel factories.

5 storage facilities of nuclear substances with exclusion of incidental storage of these substances on the occasion of their transport.

6 plants intended to the final storage of nuclear substances.

7th reactors, factories and facilities listed above are in the process of dismantling.

(c) ' Radioactive Material': means all those containing substances that emit ionizing radiation.

(d) "nuclear fuel": are fissile materials, comprising the uranium in the form of metal, alloy or chemical compound (including natural uranium) and plutonium in the form of metal, alloy or chemical compound.

(e) ' products or radioactive waste': are radioactive materials produced or made radioactive by exposure to radiation resulting from operations of production or use of nuclear fuel with exclusion of nuclear fuels and radioisotopes which, having reached the last stage of manufacture, are outside a nuclear installation and can be used for industrial purposes commercial, agricultural, medical, scientific or teaching.

(f) "nuclear substances": are the nuclear fuel, with exclusion of natural uranium and depleted uranium, and products or radioactive waste.

(g) «operator of an installation»: is the natural person or legal holder of the authorization that enables you to develop the activity subject to authorization.

(h) ' nuclear damage' is: 1 death or physical harm to people.

2nd loss or damage to the property.

3rd any economic loss resulting from harm included in paragraphs 1 and 2 above, provided that it is not included in those paragraphs, if the loss has been suffered by a person who is legally empowered to sue the aforementioned damage.

4th the cost of measures of restoration of the environment degraded, except where such degradation is insignificant, if such measures have been effectively adopted or should be and as this cost is not included in the earlier 2nd section.

5 the profits directly related to a use or enjoyment of the environment that results from a significant degradation of the same, always is not included in the earlier 2nd section.

6 the cost of preventive measures and any loss or damage caused by such measures.

In what refers to paragraphs 1 to 5 above, it shall be deemed that there is nuclear damage when loss or damage arising or it results from ionizing radiation emitted by any of the following substances: i) a source of radiation found in the interior of a nuclear facility.

(ii) nuclear fuels or radioactive wastes that are in a nuclear facility.

(iii) nuclear substances that come, originate or are sent to a nuclear facility.

In all these cases will be considered nuclear damage exists whether the loss or damage has been caused by the radiative properties of these substances, as if it was a combination of those properties with toxic, explosive or hazardous properties of these substances.

(i) ' restoration measures': are any reasonable measures which have been approved by the competent authorities and which tend to restore or restore damaged or destroyed environmental elements or to introduce, where this is reasonable, the equivalent of these elements in the environment as set out in the regulation of these measures by the normative of environmental responsibility. The competent authorities may order measures to restore the disturbed ecological balance.

((j) "preventive measures": are all reasonable measures taken by any person, once occurred a nuclear incident or an event that creates a grave and imminent nuclear damage, threat to prevent or minimise nuclear damage referred to in paragraphs h) 1 to 5, subject to the approval of the competent authorities as provided for in the regulation of these measures by the normative of environmental responsibility.

(k) ' reasonable measures': are all measures that are considered appropriate and provided by the competent authorities, taking into account all the circumstances, for example: 1 the nature and extent of the nuclear damage suffered or, in the case of preventive measures, the nature and extent of the risk of such damage.

2nd the likelihood, at the time they are adopted, that these measures are effective.

3rd scientific knowledge and relevant technical.

2 a the effects of civil liability for damage caused by accidents involving radioactive materials that are not nuclear substances: to) «Accident»: is all done or succession of events from the same source that caused damage.

(b) ' radioactive facilities' means: 1 any kind facilities that contain a source of ionizing radiation.

2. the apparatus producing ionizing radiation operating at a potential difference of more than 5 kV.

3rd premises, laboratories, factories and facilities where occur, use, possess, try, handled or stored radioactive materials, which are not nuclear substances, except for the incidental storage during transportation.

(c) «damage» is: 1 death or physical harm to people.

2nd loss or damage to the property.

3rd any economic loss resulting from harm included in paragraphs 1 and 2 above, provided that it is not included in those paragraphs, if such loss has been suffered by a person who is legally empowered to sue the aforementioned damage.

4th the damage to the environment in accordance with the provisions of the legislation on environmental liability.

(d) ' Radioactive Material': means all those containing substances that emit ionizing radiation.

(e) «operator of an installation»: is the natural person or legal holder of the authorization that enables you to develop the activity subject to authorization.

Title I civil liability for nuclear damage chapter I civil liability for nuclear damage, article 4. Responsibility of the operator.

1. the operator of a nuclear installation shall be liable for nuclear damage defined in this law during storage, processing, handling, use in any form or transport of nuclear substances. This responsibility will be independent of the existence of malice or negligence, and will be limited in the amount up to the limit that is designated under this Act.

2. where nuclear damage is caused jointly by a nuclear incident and by an accident of a different nature, the damage caused by this second accident, to the extent that it is not possible to separate it with certainty of the damage caused by the first, shall also be regarded as damage under the liability of the operator for the purposes of the application of the preceding paragraph of this article.

3. If the responsibility for nuclear damage rests with several operators, these will respond jointly and severally liable for the damage that occurred to the limit of coverage which is designated.

4 the liability of the operator of a nuclear installation for all nuclear damage caused as a result of each nuclear accident will be as follows: to) for damage caused in States that are Contracting both the Paris Convention and the Brussels Convention, 1,200 million euros.

(b) for damage caused in the States contracting of the Paris Convention that are not part of the agreement in Brussels or those that do not have nuclear installations on its territory, EUR 700 million.

((c) for damages caused in the States referred to in paragraphs 1.b and 1.d) of article 2 of this law, the amount of EUR 700 million will be reduced to the extent that those States do not grant reciprocal benefits of an equivalent amount.

5 the liability of the operator referred to in the preceding paragraph of this article will be reduced in the amount in the following cases: a) for nuclear plants to be determined by the Ministry of industry, tourism and trade, following a report of the Consejo de Seguridad Nuclear, in consideration of its nature and foreseeable consequences which may result in them in a nuclear accident such liability shall be a minimum of 70 million euros.

(b) for the carriage of nuclear substances to be determined by the Ministry of industry, tourism and trade, following a report of the Consejo de Seguridad Nuclear, in which, in consideration of the foreseeable consequences which may result in a nuclear accident, such liability shall be, a minimum of 80 million euros.

6. the amounts set out in this article will be updated by the Government, on the proposal of the Ministry of industry, tourism and trade, international commitments make it necessary or when the passage of time or the variation of the consumer price index do so to maintain the same level of coverage.

Article 5. Availability of public funds.
1. where the liability of the operator of a nuclear installation, provided for in paragraphs 4 and 5 of article 4 of this law, is not sufficient to cover the compensation for the damage caused by a nuclear accident, the Government contents 14(bis) will provide systems or procedures so that the amounts corresponding to pay to the State in respect of repairs are met for nuclear damage up to a maximum of 700 or 1,200 million euros.

2. the compensation for the damage caused by a nuclear accident in Spain or in a State which is party contracting the Convention of Brussels of January 31, 1963, supplementary to the Paris Convention of 29 July 1960, on the civil liability in the field of nuclear energy, in that they surpass the 1,200 million euros and up to a maximum of EUR 1,500 million (, will be provided through public funds referred to in article 3.b.iii) of the abovementioned Brussels Convention.

Article 6. Excluded damages.

1 without prejudice to the responsibilities that correspond to the operator of a nuclear installation in accordance with other standards, shall not be compensation charged to financial guarantees established in accordance with article 12 of this law the following nuclear damage: to) damage to the nuclear installation itself and any other nuclear installation, even if it is in construction are located on the site of such installation.

(b) damage to property that are in the same location and that are or should be used in connection with one or other of these facilities.

(c) damages the workers of nuclear facilities or nuclear substances transportation companies, padecieren in its people provided that they are qualified for accident at work or occupational disease pursuant to the provisions in the rules of the Social security system.

2. If the operator proves that the nuclear damage resulted wholly or partially to the action or omission wilful or gross negligence of the person who has suffered them, the competent court may exonerate wholly or partly to the operator of its responsibility towards that person.

3. the operator is not liable for nuclear damage caused by a nuclear accident if this accident directly due to acts of armed conflict, hostilities, civil war or insurrection.

Article 7. Accidents during transport.

1. where the nuclear accident occurrence during the transport of nuclear substances shall direct application provisions contained in the Paris Convention.

2. for the carriage of nuclear substances among Spanish territory and the territory of a country which is not part of the Paris Convention, the operator of the nuclear installation from source or destination situated in Spanish territory shall be liable, in accordance with the provisions of this law, for damage caused by nuclear accidents occurring in Spanish territory.

3. in the cases referred to in the preceding paragraphs of this article, the carrier of nuclear substances will be held responsible, instead of the operator, for the purposes of application of this law, in relation to the nuclear damage caused by such substances, provided that this substitution is authorized by the competent authority and be counted with the agreement of the operator of the installation. In addition, the carrier must provide proof that you have the financial security that allows you to deal with civil liability equal to or superior to that required by this Act.

Article 8. Substances out of the installation.

1. the liability of the operator for nuclear damage caused by nuclear substances that have been abandoned, lost, stolen or pilfered will survive, except in relation to the personal or material damage arising to persons who had participated in the facts, and without prejudice to the right of repetition is relinquished to the operator about the latter in accordance with the provisions of this Act or any other legislation which applies.

2. for the purposes of the provisions of the preceding paragraph, the liability shall survive for three years, from the date that such facts had put to the attention of the competent authorities.

Article 9. Right to repetition of the responsible operator.

The operator shall have right to repeat provided that if any of the following cases: 1. If damage results from an act or an omission with intent to cause damage, against the individual author of the Act or deliberate omission.

2. whenever had so expressly laid down in a contract.

Article 10. Transit through the national territory.

In transit through the national territory of nuclear substances, civil liability must be guaranteed in identical form and amount that transport whose origin or destination are situated within the national territory. Otherwise not be allowed transit of these substances through national territory.

Article 11. Priority of compensation.

1 payment of indemnities as a result of a damage caused by nuclear incident shall be subject to the following priority: to) first will be paid compensation for death and injury caused to persons who have been claimed within three years counting from the date on which the accident occurred. These damages can be quantified, insofar as this is possible and in the absence of other specific standards, in accordance with the criteria and within the limits of compensation laid down in the 'system for the assessment of damages caused to persons in traffic accidents' that is contained in the annex to the consolidated text of the law on civil liability and insurance in the circulation of motor vehicles approved by Royal Legislative Decree 8/2004, of 29 October.

(b) then the compensation will be paid for measures of restoration of the degraded environment and the cost of preventive measures and any loss or damage caused by such measures, whose claim takes place within the first three years from the date that the accident, which will be handled without distinction between them occurred.

(c) Thirdly, compensation will be paid for loss or damage to goods, the economic losses arising from damages to persons and property, and the profits directly related to a use or enjoyment of the environment resulting from a significant degradation of the same, whose claim takes place within the first three years from the date on which the accident occurred that they will attend no distinction between them.

(d) Lastly, compensation will be paid for damages claiming three years after the date on which the accident, covering without distinction among them up to the limit of the amount of the maximum liability established in article 4 of this law.

2. in the case that established in article 4 to respond to the liability coverage was not enough to satisfy compensation for death and bodily harm caused people in Spain, the State contents 14(bis) will provide the legal means to deal with them.

3. without prejudice to the further claim for the cost of such measures as set out in this law, the Government may apply, at any time, remedial measures or preventive the damage produced in the environment that affect or may affect places or publicly owned property in so far as this is deemed necessary, charged to the general budget of the State.

Chapter II guarantee financial article 12. Guarantee of the civil liability for nuclear damage.

1. every operator of a nuclear installation shall establish a financial guarantee to deal with civil liability for damages that may occur as a result of a nuclear accident by an amount equal to the responsibility attached to it in article 4.

2 this warranty should be established for any of the following procedures: to) hiring of an insurance policy that covers the required guarantee.

(b) establishment of other financial security with an entity authorized by the Ministry of economy and finance, in the conditions governing their specific regulations.

(c) a combination of both, which covers all of the required guarantee.

(d) immobilization of own funds by a value equal to or greater than the assigned responsibility.

3. for the purposes of the provisions of paragraph 2 of this article, a guarantee scheme may be established by law for nuclear damage not insurable by insurance entities with cargo to the concepts of permanent costs of operation of the electrical system, through the inclusion of this kind of costs among those established to this effect in the regulations for the electricity sector and must also contemplate premiums that operators must meet the stated warranty.

Article 13. Nuclear facilities in public ownership.

When the operator of a nuclear installation being a body of public ownership of those in law 6/1997, of 14 April, organization and functioning of the General Administration of the State, it will not be obliged to establish financial security to meet compensation that apply as provided in this law and in international conventions.

Chapter III claim of liability for nuclear damage
Article 14. The complaints procedure.

1. the action of claim for liability for nuclear damage, as well as the procedure for their exercise, shall be governed by the provisions of law 1/2000, of 7 January, code of Civil procedure.

2. subject as provided in the preceding paragraph, the injured party or his heirs shall have direct action against the insurer to demand the fulfilment of the obligation of compensation, without prejudice to the right of the insurer to repeat against the insured, as they are due to fraudulent behavior of this, damage or prejudice caused to third party. Direct action is immune to exceptions that may apply to the insurer against the insured. The insurer can, however, oppose the action or omission, wilful or gross negligence of the injured person and personal exceptions that have against this. For the purposes of the exercise of direct action, the insured will be required to demonstrate to the affected third party or his heirs the existence of the insurance contract and its content.

Article 15. Term of warranty and claim action.

1 the operator of a nuclear installation is liable against the handicapped: to) in the case of damage to persons, for a period of thirty years, counting from the nuclear accident.

(b) in the case of any other nuclear damage, within a period of ten years, from the nuclear accident.

2. action to demand compensation for damage caused by a nuclear accident is barred three years counting from the moment in which the injured party had knowledge of nuclear damage and the operator liable, or from the moment that must reasonably have had knowledge of it, unless they can overcome the deadlines set forth in the preceding paragraph.

3. those who have formulated an action for compensation within the legal limits may make a supplementary claim in the event that further damages past such deadlines, and provided that no final judgment by the competent legal body has given.

Title II civil liability for damage caused in accidents involving radioactive materials that are not nuclear substances article 16. Responsibility of the owners of radioactive facilities.

Operators of the radioactive facilities located in national territory that are handled, stored, handled or processed radioactive materials that are not nuclear substances will be liable in accordance with this law, for damage caused within the national territory, as defined in article 3.2. c), which are a result of an accident, provided that such damage as a result of the emission of ionising radiation and whether such accident occurs inside of facilities, and during transportation, storage or handling of such materials in any place outside them. This responsibility will be independent of the existence of malice or negligence, and will be limited in the amount up to the limit that is designated under this Act.

Article 17. Exceptions.

1 without prejudice to the responsibilities that correspond to the operator of a radioactive installation in accordance with other regulations, shall not be compensation charged to financial, established guarantees in accordance with articles 21 and 23 of this law, the following damages: to) damages caused to the installation of the operator and any other installation belonging to this even when is under construction, which is located in the same place or one adjacent.

(b) damage to goods that are or are to be used in connection with the operation of the installation of the operator or any other plants belonging to this which is located in the same place or one adjacent.

(c) damages padecieren of radioactive facilities-skilled workers of accident at work or occupational disease pursuant to the provisions in the rules of the system of Social Security in its people.

(d) the damage that people padecieren when they are for the application of ionizing radiation in the course of the treatment or medical diagnosis to which are subjected.

2. If the operator proves that the damage was caused totally or partially to the action or omission wilful or gross negligence of the person who suffered it, the competent court may exonerate wholly or partly to the operator of its responsibility towards that person.

3. the operator is not liable for damage caused by an accident if this is a direct consequence of acts of armed conflict, hostilities, civil war, insurrection or natural disaster.

4 when damages are jointly caused by an accident that results in the emission of ionizing radiation and an accident of a different nature, the damage caused by this second accident, to the extent that it is not possible to separate it with certainty of the damage caused by the first, is also regarded as damage under the liability of the operator for the purposes of the application of article 16 of this law.

Article 18. Transport.

1 in the transport of radioactive materials that are not nuclear substances, including incidental storage during transport, which run between facilities whose origin and destination are within the territory: to) the operator of origin radioactive will be liable for damages, in accordance with the present law, if it is proved that they have been caused by an accident that causes the emission of ionizing radiation occurred outside the installation of origin where intervening material derived from it, with the condition that the accident occurs until the operator of another radioactive installation, in accordance with the terms of a written contract, has assumed responsibility for accidents caused by these materials.

(b) the radioactive operator of destination shall be liable for damages, in accordance with the present law, if it is proved that they have been caused by an accident causing the emission of ionizing radiation occurred outside the installation involving materials in course of transport bound for this installation, with the condition of the accident occurring once responsibility for accidents caused by such material has been transferred to you , pursuant to the terms of a written contract, by the operator of origin radioactive.

2. in the carriage of radioactive materials that are not nuclear substances with origin or destination outside the national territory, the exploiters of source or destination whose facilities are located within the national territory will respond damage within the territory of the Spanish, being application as provided for in article 20 in the case of an accident in which will be involved materials under the responsibility of several operators in accordance with this law.

3. the transit of radioactive materials that are not nuclear substances are subject to the same obligations as the transport with origin or destination within the national territory. For the purposes of this Act, the issuing company will be responsible for the damage caused within the national territory by an accident involving such materials, being application as provided in article 20 when an accident that involved materials from various consignors will be.

4 before start a transport, the Manager of the radioactive installation, or the issuing company when in the case of transit, that, in accordance with the provisions of this law, is responsible for the damage caused within the national territory by an accident involving radioactive materials that are not nuclear substances, you must make delivery to the carrier of the information stating that a financial guarantee is available to face the same liability or superior to that required by this Act for the materials that are the subject of transportation during the entire duration of the same, including incidental transit storage, until the transfer of responsibility to a third party, or, in the case of transits, while transport runs within the national territory.

5. the carrier of radioactive materials that are not nuclear substances be held responsible, instead of the operator of origin or destination, for the purposes of application of this law, in relation to the damage caused by such materials, provided that such substitution is authorized by the competent authority and be counted with the agreement of the operator of origin or destination , as appropriate.

Article 19. Keep from liability for materials out of the installation.

1. the responsibility attributed by this law to the holder of a radioactive installation for damage caused within the national territory as a result of the emission of ionizing radiations in an accident that involved radioactive materials that are not nuclear substances being will survive even when such materials are handled, stored, transported or handled out of it , unless it had transferred this responsibility to a third party by means of a written contract that allows to know way beyond the date of the transfer.
2. the responsibility attributed by this law to the operator of a radioactive installation, or a consignor in the case of transits, for damages caused by an accident which occurs the release of ionizing radiation in which will be involved materials that are not nuclear substances that have been abandoned, lost, stolen or stolen will remain , except in relation to the personal or material damage arising to persons who had participated in the facts, and without prejudice to the right of repetition is relinquished to the operator about the latter in accordance with the provisions of this Act or any other legislation which applies. For these purposes, such liability shall survive for three years, from the date that such facts had put to the attention of the competent authorities.

Article 20. Responsibility to several operators or shippers.

In the event of an accident they involve radioactive materials that are not nuclear substances belonging to several operators, or several shippers in the case of transit, operators or shippers who, in accordance with this law, have attributed the responsibility for damage caused as a result of the emission of ionizing radiation, will be responsible for such damages, to the extent in which can not be distinguished by which materials have been such damage-causing ((: a) proportion mandatory minimum warranty stipulated in article 21 as to damages to persons and property as well as economic losses arising from such damage, and b) in proportion to established minimum guarantee in accordance with article 23 in regards to environmental damage.

Article 21. Warranty for damage to persons, property and economic losses.

1 to respond to the responsibility for the damages defined in articles 3.2. c). 1, 3.2. c). 2 and 3.2. c). 3rd operators or companies issuing for transits, must establish a financial guarantee to face civil liability for an amount equal to or greater than that corresponding to the type of radioactive material that is not nuclear substance that requires the highest coverage in accordance with the provisions in the Annex.

2 this warranty should be established for any of the following procedures: to) hiring of an insurance policy that covers the required guarantee.

(b) establishment of other financial security with an entity authorized by the Ministry of economy and finance, in the conditions governing the specific regulations of the guarantee.

(c) a combination of both, which guarantees all of the required guarantee.

3. the amounts set out in the annex may be updated by the Government, on the proposal of the Ministry of industry, tourism and trade, when the passage of time or the variation of the consumer price index warrant to maintain the same level of warranty.

Article 22. Claims for damages to persons, property and economic losses.

1. the procedure of the claim referred to in article 21 shall conform to the provisions of articles 14 and 15 of this law for the claim of damage caused by nuclear substances, except in what refers to the period of warranty provided in article 15(1), which will be, in any case, ten years since the accident.

2 payment of indemnities as a result of the damage as it referred to article 21 which are produced by an accident shall be subject to the following priority: to) first will be paid compensation for death and injury caused to persons who have been claimed within three years counting from the date on which the accident occurred. These damages can be quantified, insofar as this is possible and in the absence of other specific standards, in accordance with the criteria and within the limits of compensation laid down in the 'system for the assessment of damages caused to persons in traffic accidents' that is contained in the annex to the consolidated text of the law on civil liability and insurance in the circulation of motor vehicles approved by Royal Legislative Decree 8/2004, of 29 October.

(b) then the compensation will be paid for loss or damage to property and economic losses arising from damages to persons and property, whose claim takes place within the first three years from the date in which occurred the accident, covering without distinction in them.

(c) Thirdly, will be paid claims that occur three years after the date on which the accident, covering without distinction among them.

Article 23. Liability for damage to the environment.

Liability for environmental damage referred to in article 3.2. c) 4th of this law caused by an accident that produces the release of ionizing radiation in which involved radioactive materials that are not nuclear substances will be will be governed by the provisions of the legislation in the field of environmental liability. To this end, the Ministry of industry, tourism and trade, previous reports of the Ministry of environment and Rural and Marine Affairs and the Consejo de Seguridad Nuclear, will determine, according to the intensity or severity of the environmental damage that may occur as a result of an accident in which involved such materials, the minimum amount which must be ensured by the operator to answer of such damages.

Article 24. Public ownership of radioactive facilities.

When the operator of a radioactive installation is a body of public ownership, it will not be obliged to establish financial security to meet compensation that apply in accordance with the provisions of this law.

First additional provision. Adequacy of basic Nuclear Emergency Plan.

The Government, in the period of six months, in accordance with the Generalitat de Catalunya, adapt the basic Nuclear Emergency Plan for the creation of a coordinated management structure for the Tarragona Nuclear Emergency Plan and the Plan of emergency outside of the Sector chemical of Tarragona, within the organizational structure of the Generalitat de Catalunya.

Second additional provision. Modification of the corporation tax.

With effects for the tax periods started as of January 1, 2011, amending the additional fourth provision text consolidated from corporation tax law, approved by Royal Legislative Decree 4/2004, of 5 March, which is worded in the following way: «fourth additional provision. Taxation of assets transmissions carried out in compliance with provisions with range of law and with the rules of competition.

1. the transmission of assets carried out pursuant to obligations under provisions of legal rank, published from 1 January 2002, or by the European Commission or the Council of Ministers resolutions adopted from that same date, in application of the rules of competition in business concentration processes (, they will have the following treatment in tax: a) positive income obtained will not be taxable, if the amount obtained in the transmission is reinvested in the conditions laid down in article 42 of this law.

(b) the positive income will be integrated into the taxable income of the period in which they are transmitted, or for any other reason will low-balance property and rights subject to reinvestment.

In the exercise that integrates these incomes shall apply, at the full fee, deduction by reinvestment of windfall profits that would have been applicable in the tax period in which the standard was published establishing the obligation of transmission of the assets.

c) the assets that materializes the reinvestment will be valued, for the exclusive purpose of calculation of the positive income, amounting to the same who had property and rights transferred. In the case of partial reinvestment, that value will increase in the amount of integrated in the taxable income.

(d) the taxable person may submit questions about the interpretation and application of this provision, whose answer will be binding for the tax administration, in the terms laid down in articles 88 and 89 of the Act 58/2003, of December 17, General tax.

2 will be integrated into the taxable positive incomes that is highlighted on the occasion of the transmissions of shares and participation certificates in the management company of resident market in Spain referred to in article 4 of the International Convention on the establishment of an Iberian market of electric energy between the Kingdom of Spain and the Portuguese Republic made in Santiago de Compostela October 1, 2004, that are carried out for the creation of this market, provided that the consideration received in such transmissions, in whole or part, whether shares or participation certificates in the resident in Portugal market management company that referred to this article 4.
"Such positive incomes will be integrated into the taxable income of the tax period in which are transmitted, or for any other reason cited actions or entries received, give low balance or when a correction of tax deductible value, in proportion to the amount of such low value correction be computed in the latter."

Third additional provision. Amendment of the Act 25/1964 of 29 April, on Nuclear energy.

One. Amending paragraph 14 and paragraph 16 is added to the second article, with the following wording: «fourteen. Holder of an authorisation or operator of a nuclear or radioactive installation is a natural or legal person who is responsible in its entirety from a nuclear or radioactive installation, as specified in the authorization. This responsibility cannot be delegated.»

«Sixteen. Nuclear safety is the achievement of proper operating conditions of a nuclear facility, accident prevention and attenuation of its consequences, whose result is the protection of workers and the public in general and the environment, risks caused by ionising radiation from nuclear installations."

Old paragraph 16 becomes 16 bis.

Two. Article 28 is drawn up in the following way: «1. nuclear and radioactive facilities shall be subject to a system of authorizations issued by the Ministry of industry, tourism and commerce, prior mandatory of the Consejo de Seguridad Nuclear report, heard in the field of regional planning and environment the autonomous communities in whose territory will locate the installation or the planning area provided for in the regulations on nuclear and radiological emergency planning.»

The legal regime of the authorisations established according to the rules and define authorizations applicable to each of the phases of the life of such facilities, which will concern at least the selection of sites, construction, commissioning and operation, and dismantling and decommissioning, as appropriate.

2. the holder of the authorization of exploitation of a nuclear power plant shall be a legal person which has the exclusive object the management of nuclear power plants, counting for this purpose with the personal, financial and material means to ensure safe operation of the same.

3. a legal person may be simultaneously holder of the authorization of exploitation of several nuclear plants. In this case, without prejudice to the application of the General rules of accounting corresponding, wear in their accounting separate accounts for each nuclear power plant which will be the holder, differentiating between revenues and costs attributable to each of them.

4. the holder of the authorization of exploitation of a nuclear power plant shall be sent to the Ministry of industry, tourism and trade, in the first quarter of each year, a report which includes investments in the plant during the previous year and the evolution of the template assigned to the exploitation of the same in that year as well as the corresponding forecasts for the next five years. The Ministry shall forward a copy of the report to the Consejo de Seguridad Nuclear."

3. Add a single transitional provision with the following text: 'sole transitional provision. Adaptation to the provisions of article 28: adaptation to the provisions of paragraphs 2 and 3 of article 28 of the Act 25/1964 of 29 April, on Nuclear energy, will be carried out as provided below: 1. the holders of authorisations for the exploitation of nuclear power stations that do not meet the conditions laid down in paragraphs 2 and 3 of article 28 of the Act 25/1964 29 April, on Nuclear energy, they must adapt to them within a maximum of one year.

For these purposes, should be sent to the Directorate-General for energy and mines, within a maximum period of four months, the corresponding adaptation plan, for the purposes of verification of its adaptation to the conditions laid down in that article. The Directorate-General for energy and mines, following a report of the Consejo de Seguridad Nuclear, dictate reasoned ruling, within a maximum period of two months, approving the adaptation plan, if these conditions are met, or requesting amendments that it deems appropriate. In this case the holder of the authorization shall forward the new plan of adaptation within a period of two months to the Directorate-General for energy and mines, which should resolve within a month.

2. administrative authorizations, licenses and concessions that have been granted to entities that come to be holders of nuclear power stations and that, in any case, they were related to the activity of these facilities, shall be transferred to the entity which corresponds to assume the condition of holder of the authorization of exploitation of the nuclear power plant, in accordance with this law , prior notification to the competent authorities. That entity shall subrogated in all the rights and obligations arising from the mentioned titles.

3. the entities that become owners of nuclear power plants shall be Mediterrenean in contracts, rights and obligations of the former holders of those, which have been attributed to them in the adaptation process laid down in this provision. This change in ownership shall not be construed, in any case, cause of modification of the rights and obligations which arise from contracts.

4. to the non-monetary contributions and divisions that are carried out in order to comply with the provisions of paragraphs 2 and 3 of article 28 of the Act 25/1964, 29 April, on Nuclear energy, applies them regime provided for contributions and divisions of branches of activity in Chapter VIII of title VII of the revised text of the law of corporation tax approved by Royal Legislative Decree 4/2004, of 5 March.

5. the failure of adaptation in the form and time limits laid down in this provision constitutes serious infringement for the purposes of the provisions of article 86 b) of the Act 25/1964 of 29 April, on Nuclear energy.

6. it authorizes the Government to adopt the provisions necessary for the implementation of the provisions of article 28 of the Act 25/1964 of 29 April, on Nuclear energy.»

Sole repeal provision. Repeal legislation.

1 repealed Chapter VII, except the article 45, the chapters VIII, IX and X of the Act 25/1964 of 29 April, on Nuclear power and the second additional provision of law 17/2007 of 4 July, amending the Law 54/1997, of 27 November, the Electricity Sector, to adapt it to the provisions in Directive 2003/54/EC the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal electricity market.

2 also repealed article 9(2) of the regulation on nuclear and radioactive facilities, approved by Royal Decree 1836 / 1999, of December 3, and what opposes provisions of this law, the regulation on nuclear risks, approved by Decree 2177 / 1967, July 22.

First final provision. Amendment of article 45 of the Act 25/1964 of 29 April, on Nuclear energy.

Amending section 45 of the Act 25/1964 of 29 April, on Nuclear power, which is drawn up in the following way: «the operator of a nuclear installation or a radioactive installation shall establish a financial guarantee to cover the civil liability for nuclear accidents involving nuclear substances, as well as accidents that result in the emission of ionizing radiation involving radioactive materials that are not nuclear substances «, in conditions to be determined by the specific legislation in the field of civil liability for nuclear damage.»

Second final provision. Amendment of article 9 of the revised text of the Legal Statute of the consortium of insurance compensation, approved by Royal Legislative Decree 7/2004 of 29 October.

Amending article 9 of the revised text of the Legal Statute of the consortium of insurance compensation, approved by Royal Legislative Decree 7/2004 of 29 October, which is drawn up in the following way: «1. the Consortium will assume the coverage of risks that are insurable by the insurance entities of the civil liability for nuclear accidents caused by nuclear substances» (, or by accidents in which occurs the release of ionizing radiation involving radioactive materials that are not nuclear substances, in the following way: a) in the case that is not reached by the insurance companies set the minimum limit of liability laid down in the Act on civil liability for damage caused by radioactive materials or nuclear the Consortium will participate in coverage assuming the remaining difference to this limit.

(b) it will act as a reinsurer in the form and amount to be determined by the Ministry of economy and finance.

(2. A los efectos de este estatuto legal, se entiende por accidente nuclear el definido como tal en el artículo 3.1.a) of the law on civil liability for damage caused by radioactive materials or nuclear. "

Third final provision. Skill-related title.
This law is issued on the basis of article 149.1.8. ª of the Constitution, which attributes to the State the exclusive competence to dictate the civil legislation, with the exception of chapter III of title I and article 22.1, which are issued on the basis of article 149.1.6. ª of the Constitution, which attributes to the State the exclusive competence to enact procedural legislation.

Fourth final provision. Regulatory development.

It empowers the Government to dictate the precise provisions for the development of this law and, in particular, to incorporate into the right internal decisions that take the Committee of direction of the Agency of Nuclear energy of the Organisation for cooperation and economic development (OECD) pursuant to items 1.a) .ii, 1.a) .iii and 1.b). of the Paris Convention.

Fifth final provision. Franchise.

The Ministry of industry, tourism and trade in order to facilitate the contract between the parties may establish, by order, a franchise to the insured in relation to risks for nuclear damages covered by insurance entities and depending on market circumstances which at all times fulfilled.

Sixth final provision. Modification of law 34/1998, of October 7, the hydrocarbons Sector.

One. Added a new thirty additional provision to law 34/1998, of October 7, first of the hydrocarbons Sector. «Constitution of subsidiaries of ENAGAS, S.A.»: «1. ENAGAS, S.A. will form two subsidiaries in which holds all of the share capital and which correspond respectively, technical manager of carrier and the system functions to be carried out with the contribution of all the material and personal assets that are currently devoted to the exercise of each of the above activities.» ENAGÁS, S.A. will transmit its name to the subsidiary carrier.

2. to the subsidiary company of ENAGAS, S.A., was established pursuant to the preceding paragraph who exercises the functions of the technical system manager shall you apply all the provisions of law 34/1998, of October 7, the hydrocarbons Sector to the same.

The subsidiary company that performs the activity of carrier shall you apply all the provisions of law 34/1998, of October 7, the hydrocarbons Sector to the aforementioned activity. Pipelines of primary transportation which form part of the backbone network you will be authorised directly to the subsidiary of transport for the purposes of the Act.

Any natural or legal person may participate directly or indirectly in the shareholders of the parent company, in a proportion greater than 5 per 100 of social capital, or exercise political rights in this society above the 3 by 100. These actions may not organize to no effect. Those subjects who carry out activities in the sector gas and those natural or legal persons who, directly or indirectly involved in the capital in more than 5 per 100, may not exercise political rights in that parent company above 1 per 100. Such limitations shall not apply to direct or indirect participation corresponding to public business. Shares in the share capital may not organize to no effect.

In addition, the sum of direct and indirect participations, of subjects that carry out activities in the natural gas sector, shall not exceed 40 per 100.

For the purposes of computing the participation in the shareholders, will be attributed to the same natural or legal person as well as shares and other securities owned or acquired by entities belonging to the same group, as this is defined in article 4 of law 24/1988, of 28 July, the stock market, those whose ownership corresponds (: a) A person acting in his own name but on behalf of that of concerted or forming with it a unit of decision. It is understood, unless there is evidence to the contrary, the members of its Board of Directors acting on behalf of a legal person or in concert with her.

b) together partners that that exercise control over an entity dominated as provided for in article 4 of law 24/1988, of July 28, of securities markets.

In any case, be taken into account both the Sunday ownership of shares and other securities as the voting rights they enjoy under any title.

Failure to comply with the limitation on the participation in the capital referred to in this provision shall be considered very serious infringement to the effects specified in article 109 of this Act, being responsible for natural or legal persons who are holders of the values or who is attributable excess participation in the capital or the voting rights , in accordance with the provisions of the preceding paragraphs. In any case, the penalties provided for in this law shall apply.

ENAGAS, S.A. may not transfer to third parties the actions of subsidiaries engaged in regulated activities.

3. the limitations of the percentages of participation and non-transferability of the shares referred to in this provision not will be applicable to other subsidiaries that ENAGAS, S.A. could be the development of business activities other than the regulated transport in article 66 of the law 34/1998, of October 7, of the hydrocarbons Sector transport network management and technical management of the national gas system.

«4. the special tax regime provided for in Chapter VIII of title VII of the text revised from corporation tax law, approved by Royal Legislative Decree 4/2004, of 5 March, shall apply to the operations referred to in paragraph 1 of this additional provision.»

Two. Add a new transitional provision twenty third to law 34/1998, of October 7, in the hydrocarbons Sector. «Time to constitute the subsidiary.»

Until it expires one year from the entry into force of this law, ENAGAS, S.A. shall constitute the subsidiary companies concerning the additional provision thirty first of this law. Tariffs commercial registrars, notaries and property corresponding to the acts necessary for the Constitution of subsidiaries shall be reduced to 10%.

3. Modification of the additional provision of law 34/1998, of October 7, twenty of the hydrocarbons Sector: the CEO of the subsidiary company ENAGAS, S.A., which exercises the functions of the technical System Manager will be appointed and ceased by the Board of Directors of the company, with the approval of the Minister of industry, tourism and trade.

Staff branch which exercise functions as a technical System Manager will sign the code of conduct referred to in article 63 of this law guaranteeing its independence from the rest of activities carried out by the corporate group.

Seventh final disposition. Entry into force.

This law shall enter into force on the date on which the Protocol of 12 February 2004 amending the Convention on liability for Civil damages nuclear (Paris Convention) and the Protocol of 12 February 2004 amending the complementary of the former (the Brussels Convention) Convention enters into force in Spain except the provisions of additional provision second, concerning the "modification of the tax of companies', the third additional provision, that amending Act 25/1964 of 29 April, on Nuclear energy and the sixth final provision, which modifies Law 34/1998, of October 7, of the hydrocarbon Sector, which shall enter into force the day after its publication in the «Official Gazette».

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 27 May 2011.

JUAN CARLOS R.

The Prime Minister, JOSÉ LUIS RODRÍGUEZ ZAPATERO annex amount of the minimum guarantee required for coverage of civil liability for accidents caused by radioactive materials that are not substances nuclear UF6 activity (TBq) natural uranium hexafluoride < ≥ 0.4 0.4 and < 10 ≥ 10 and < 100 ≥ 100 minimum guarantee () 300,000 600,000 1,200,000 2,400,000 concentrated natural uranium U3O8 activity (TBq) < 0.4 ≥ 0.4 and < 10 ≥ 10 and < 100 ≥ 100 minimum guarantee () 150,000 600,000 300,000





1,200,000 other radioactive materials activity (TBq) < 0,1 ≥ 0.1 and < 10 ≥ 10 and < 100 ≥ 100 and < 1000 ≥ 1000 minimum guarantee free 150,000 300,000 1,200,000 600,000 (€)

Related Laws