/Enter into force I:den day Government/
section 1 of this Act contains provisions on civil liability
in radiological accidents, if the obligation to insure or on
otherwise financially ensure responsibility and compensation
of State funds in some cases.
Definitions
section 2 of the nuclear substance referred to in this law
1. uranium, plutonium or other substance used or can
be used for the production of nuclear energy (nuclear fuel),
2. a compound containing such a substance referred to in paragraph 1,
and
3. spent fuel that has not been placed in the repository.
In nuclear materials means not natural uranium or depleted uranium when
It is being transported or stored temporarily.
section 3 of the nuclear waste referred to in this law
1. spent fuel that has been placed in the repository,
2. a radioactive substance that is formed in a nuclear
facility and have not been made or taken from the
the plant to be used in teaching or
research purposes or for medical, agricultural,
industrial or commercial purposes,
3. materials or anything that has been radioactively contaminated
in a nuclear facility and should not be used in a
such a facility, and
4. radioactive parts of a nuclear facility
closed out.
4 section With nuclear reactor referred to in this law means a device
contains nuclear fuel under such conditions that the cleavage
of nuclei in a self-sustaining chain reaction can
occur in the device without injection of neutrons from a
other source.
section 5 With nuclear facility referred to in this law
1. a nuclear reactor that has not been included in a vessel or
other means of transport to be used as a power source for
the means of transport,
2. a facility for the extraction, production, management
or processing of nuclear material,
3. a facility for handling or processing of the
nuclear waste,
4. a facility for the disposal of nuclear materials or
nuclear waste,
5. a facility for the storage or storage of nuclear material
or nuclear waste, if the plant is not intended only for
temporary storage during carriage, and
6. a nuclear reactor or other nuclear Assembly that
closed out.
6 § With radiological accident referred to in this law, an event
or series of occurrences having the same origin that causes a
damage as a result of
1. ionizing radiation from a radiation source in a
nuclear installation,
2. radioactive properties of nuclear material or nuclear waste;
or
3. radioactive properties in association with toxic, explosive
or other hazardous properties of nuclear material or nuclear waste.
7 § With radiological damage referred to in this law, an injury that has
caused by or the result of a radiological
accident and is
1. personal injury or property damage,
2. a financial loss that is a direct result of a
personal injury or property damage,
3. a loss of income not covered by 1 or 2 but to
due to a significant deterioration of the environment caused by a
damage to a financial interest directly linked to
the environment, and
4. a charge to restore the environment or compensate for
loss of environmental values, if there is environmental damage that is not
insignificant and the measures that cost concerns have
accepted as reasonable by the agency that the Government
determines.
With radiological damage means also a cost to that, after
a radiological accident or in the event of a serious and imminent
the danger of such an accident, take reasonable steps to
prevent an injury referred to in the first subparagraph 1, 2, 3, or 4
and an injury resulting from such preventive measures.
section 8 for the purposes of this law
Paris Convention: 29 July 1960 in Paris finished
Convention on third party liability in the field of nuclear energy in
amended by it in Paris on 28 January 1964 ended
the additional protocol or that Convention as amended
According to this Protocol and those in Paris on 16 november 1982
and on 12 February 2004 completed the amending protocols,
Additional Convention: in Brussels on 31 January 1963
closed tillläggskonventionen to the Paris Convention for the
the wording of the additional Convention have received through it in Paris
on 28 January 1964 ended the additional protocol and the
Paris, 16 november 1982 and ended on 12 February 2004
amending protocols,
The Vienna Convention: the in Vienna, 21 May 1963
Convention on civil liability for nuclear damage, or
that Convention as amended by the in Vienna on 29
September 1997-completed the amending Protocol,
the Joint Protocol: in Vienna on 21 september 1988
signed the Protocol relating to the application of the
The Vienna Convention and the Paris Convention;
Contracting State means any State which has acceded to the Paris Convention,
additional Contracting State means any State which is a party
the Supplementary Convention,
fixed State "means the Contracting State in whose territory a
nuclear facility is located or, if the plant is not
located within the area of any State, the Contracting State in which
operates or has approved the facility,
holders of a Swedish plant: the operator or
possession of a nuclear plant in Sweden,
holders of a foreign facility: as in the case of a
nuclear plant outside Sweden are considered to be
the plant's owners under the Act in fixed State,
fixed holder: a holder of a nuclear installation;
Security: a liability insurance or other financial security
for the discharge of liability in radiological
accidents, and
the who has set security: the one without being responsible
construction executives have issued a liability insurance or
set other financial security for the fulfilment of
fixed holder's liability under this Act.
Application
section 9 unless otherwise provided for by this law, the law applicable to
radiological injuries incurred in
1. Sweden or in Sweden's economic zone,
2. in another Contracting State, its economic zone or a
other maritime zone, which the State has set up according to
international law, or
3. another country, its economic zone or another maritim
zone that the country has established under international law, if
country
(a)) has entered the Vienna Convention and the joint
the Protocol and the responsible plant holder's facility
is located in a Contracting State which has acceded to the
common protocol,
(b)) at the time of the radiological accident has no
nuclear installation on their territory, in their economic
zone or in another maritime zone that the country has established
under international law, or
c) at the time of the radiological accident has a
legislation providing equivalent benefits and compensation
based on the same principles as those of the
The Paris Convention and the Supplementary Convention.
The law should be applied whether the radiological damage has
raised on a ship or an aircraft that is
registered in Sweden, in another Contracting State or in a
country referred to in the first paragraph 3, unless the ship
or the aircraft were within an area that belongs to the
any State other than those referred to in the first subparagraph.
section 10 If it simultaneously with a radiological accident which has
brought a radiological damage has occured another event
that resulted in an injury, this law shall apply to the damage in
the extent of the damage cannot be distinguished from the
radiological damage. However, this does not apply in the case of liability
as someone other than fixed holder can have according to specific
provisions concerning damage caused by ionising radiation.
section 11 of this Act do not apply to damage caused by a radiological
accident is a direct result of an act of war or an
similar action during armed conflict, civil war, or
rebellion.
section 12 for the purposes of this Act, two or more
Swedish nuclear plants is considered as a facility, if
the plants have the same owners and are located close to each other.
This facility shall also be deemed to include plants
contains nuclear material or nuclear waste, but which are not
nuclear installations, if the plants have the same
holders that nuclear installations and is close
them.
paragraph 13 of the Government or the authority, as the Government determines
may provide for or in the case
decide that this law does not apply in respect of
nuclear installations, nuclear materials and nuclear waste, where the
risk associated with the plants, substances or waste
is small.
section 14 of the Government may provide for a country
or part of a country shall be treated as a
Contracting State for the purposes of this Act.
The main rule of responsibility in radiological accidents
section 15 in the event of a radiological accident in a nuclear
facility or with nuclear material or nuclear waste from any such
plant, plant holder replace the radiological
damage caused by the accident.
The first subparagraph shall not apply to
1. damage to the nuclear plant, a nearby
nuclear installation or a nuclear facility that
constructed nearby,
2. damage to other property within the plant site
for a facility referred to in paragraph 1 and which is used or intended
to be used in connection with the facility, or
3. subject to sections 16 and 25.
Responsibility on transport
section 16 in the event of a radiological accident during a
transport or temporary storage in connection with a
the transport of nuclear material or nuclear waste between nuclear
plants, plant executives are shippers
replace the radiological damage caused by the accident. This
does not apply if otherwise provided in paragraphs 17 to 25.
section 17 at the transport between facilities in Sweden or other
Contracting States applies sender's liability under
16-not in the case of accidents which occur after the date
then the liability under a written agreement between the sender and the
the receiver turns on the receiver or, if it does not exist
any such agreement, then the receiver assumes the nuclear material or
nuclear waste.
Responsible for a shipment may be released to another
construction management under an agreement referred to in the first subparagraph
only if they have a direct financial interest in the
nuclear materials or nuclear waste that is transported.
section 18 during transport from Sweden or another Contracting State
to a country which is not a Contracting State applies
sender's liability according to section 16 for
accidents that occur after the time at which the nuclear material or
nuclear waste have been unloaded from the means of transport topic
or the waste arrived in the recipient country.
19 § during transport to Sweden or another Contracting State
from a country which is not a Contracting State, it shall
construction executives who are the recipients of the shipment, replace
radiological damage caused by accident, if
1. the recipient has consented to the transport, and
2. the accident occurs after the time at which the nuclear material or
nuclear waste were loaded on the means of transport topic
or waste shall be transported with.
Transport to or from the reactor powered means of transport
20 § in the event of a radiological accident during a
transport between, on the one hand a nuclear installation in
Sweden or another Contracting State and, on the other hand, a
nuclear reactor that is used as a power source in a vessel or
other means of transport, to be the holder of the nuclear
installation replace the radiological injuries accident
causes.
Liability does not apply in the case of accidents
1. during transportation from the nuclear plant occurs
After the time at which the nuclear material or nuclear waste is taken by
the person who operates or controls the host the reactor, or
2. during transport to the nuclear plant occurs
prior to the time when the nuclear material or nuclear waste is taken by
the holder of the nuclear plant.
Transport between the countries which are not Contracting States
section 21 in the event of a radiological accident during a
transport or temporary storage in connection with a
the transport of nuclear material or nuclear waste from countries which do not
are States parties, for the person who has permission to
transport under the Act (1984:3) concerning nuclear activities
replace the radiological damage caused by the accident. What is in
This law applies in the case of a plant's liability shall
then apply to the licensee.
Other cases in which the accident occurs outside a facility
section 22 if in a case not covered by sections 16 to 21
event of a radiological accident involving nuclear material or nuclear waste
that is not in a nuclear facility, the
construction executives who, at the time of the accident or
last had possession of the substance or waste in replacing the
radiological damage caused by the accident. However, this does
only if nuclear material or nuclear waste has
1. come from a nuclear plant in Sweden or a
other Contracting State, or
2. been transported to Sweden from a country that is not a
Contracting State.
A fixed executives ' liability under the first subparagraph
does not apply if another plant executives through a
written agreement has taken over the responsibility.
Other cases in which the accident occurs in a plant
section 23 if in a case not covered by sections 16 to 22
event of a radiological accident involving nuclear material or nuclear waste
stored temporarily in a nuclear installation at
transport to or from another nuclear facility,
should the holder of the nuclear facility where nuclear material
or the nuclear waste store to replace the radiological injuries
as the accident involves only if liability flowing from
a written agreement which fixed holder is bound by.
Carriers ' liability
section 24 of the Government or the authority, as the Government determines
may decide that a carrier instead of the one or more
construction executives must be liable for the
radiological damage arising as a result of a
radiological accident in the course of or in connection with the shipment,
If
1. the carrier has applied for such a decision and shown
to it for transportation, there is a security that is required by
This law, and
2. fixed holders have consented to this.
In the case of the carriage covered by the decision, it is necessary that
in this law applies in the case of a fixed holder responsibilities
apply to the carrier.
section 25 if in another Contracting State has notified a
decisions that correspond to a decision under section 24,
the decision, to the same extent as if it had been announced
in accordance with section 24.
Fixed professional responsibility
section 26 about a fixed holder is liable under
This Act, claims for compensation according to the law or
the corresponding provisions in the other country is directed only against
fixed holder, unless otherwise provided by law or
Sweden's international obligations.
section 27 if a fixed holder is liable under
This law applies to liability even if fixed holder or
someone who he is responsible for not having caused the damage.
Liability is unlimited, subject to 28
or section 29.
section 28 If a holder of a foreign facility is
replacement charge and responsibility is limited according to the
provisions in force in the fixed State, the
restriction may apply for compensation under this Act.
section 29 of the damage in a country outside of Sweden,
liability under this Act shall be limited to
the compensation does not exceed the amount which, in the
its provisions apply in the case of compensation for damage
in Sweden.
The first subparagraph shall not apply to damage in countries that lack
nuclear installations, or if otherwise provided by law
(1974:268) on the grounds of environmental protection Convention 19
February 1974 between Denmark, Finland, Norway and Sweden.
Security liability
section 30 of the holder of a Swedish facility shall have a
liability insurance or other financial security to ensure that
as at any point in time cover liability
According to this law, up to an amount
1. equivalent to 700 million euros, or
2. If the facility is a nuclear reactor in operation to
extracting nuclear energy, equivalent to EUR 1 200 million.
section 31, in the particular case, the Government may decide that a
security referred to in section 30 need not cover
1. more than 70 million euros for each radiological accident, if
the decision does not apply, a nuclear reactor in operation to
production of nuclear power and the restriction is suitable with regard
to the type of facility and the likely extent of
a radiological accident, or
2. more than 80 million euros for each radiological accident, if
the decision applies to the transport of nuclear material or nuclear waste and
the restriction is appropriate with regard to the subjects ' or
the character and the risks that the transport means.
32 § liability for damages resulting from an
radiological accident during shipment must be covered by a
special insurance.
33 § anyone who is entitled to compensation under this Act has
the right to get compensation directly by the set
Security.
To release themselves from responsibility, have set
certainly not against the injured party to rely on circumstances
depends on anyone other than the victim.
34 § although a security lodged in accordance with this law,
terminated or otherwise ceased to have effect, the
has lodged the security required to fulfill his commitment, if
a radiological accident covered by the commitment occurs
1. within two months of the Government authority
determines has been informed that the security has been terminated
or otherwise expired, or
2. for a mode of transport that has commenced before the safety
was terminated or otherwise ceased to have effect.
section 35 Of the who raised security has not made any
other reservations, the security of fixed holder
liability under this Act or equivalent
law of another Contracting State.
36 § Government or authority the Government determines
should consider whether the securities provided for in §§ 30-32 is sufficient.
section 37 If a liability under this Act is ensured
with one or more liability insurance that other
financial collateral, are to the other collateral used for
to fulfil the liability only in so far as
liability insurance is not sufficient to pay the full
compensation.
38 § Government or authority the Government determines
may provide for what is required for a security
shall be accepted in accordance with this Act.
State reinsurance
section 39 the Government may, in the case of responsibility for radiological
accidents make financial commitments to the State. It should be done
by State guarantees in the form of
reinsurance undertakings are set out.
For the State's commitments to fixed executives pay a fee
for the financial risk that the State bears the costs that can
arise in the event of radiological accidents.
The Government may provide for the amount and
payment.
Transport certificate
40 of A fixed holder is liable under
15-23 sections, to the carrier to hand over a certificate of
the guarantees applicable to the shipment.
The certificate shall be issued by it, or those who have set
Securities and include information on
1. fixed holder's name and address,
2. the amount, type and duration of exposure, and
3. what kind of nuclear materials or nuclear waste and what
transport security concerns.
The certificate shall be provided with a certificate stating that
fixed holder is the holder of a nuclear installation
in the meaning of the Paris Convention. The certificate shall be issued by the
the Government authority determines.
Joint and several liability
41 § If two or more are liable for the same
damage, they shall jointly and severally be responsible for compensation. None of the
managers, however, are obliged to pay more than that resulting from the
that his liability is limited.
If the liability is based on any of the provisions of
transport or temporary storage in 16-25 sections and
transport or storage concerns several batches of nuclear materials
or nuclear waste in one and the same means of transport, or on a
and the same repository, is the total
liability is limited to the maximum amount
apply to any of the liable.
The remuneration shall be determined mutually responsible maintainers
based on the various issues surrounding the contribution to the damage
the origin and circumstances of the case.
State compensation
42 § State will pay compensation to an injured party as
is entitled to compensation under this Act, if the
injured party indicates that compensation cannot be obtained from the
Manager fixed holder's security.
The State's total liability under the first subparagraph
is for each radiological accident limited to 1 200 million
Euro plus interest. The responsibility comes up to this amount even
If the maintainer fixed holder's liability is limited
According to section 30 1 or section 31.
43 § whether a victim is entitled to compensation in accordance with
This law must not damage fully replaced from the maintainer
fixed holder's security under sections 30 to 32, or from
State in accordance with paragraph 42, should the State with contributions from other States
under the additional Convention to pay the additional compensation
needed to compensate for the damage.
The total liability that the State, together
with other States in accordance with the first paragraph is for the each
radiological accident limited to 300 million plus
interest rate.
44 section For reimbursement under section 43 is required to
1. the responsible plant holder's facility is in
Sweden or other additional Contracting State and used
only for peaceful purposes, and
2. a Swedish court under section 58 is competent to deal
This claim.
45 section For reimbursement under section 43 is also required that the damage has
raised
1. in Sweden or other additional Contracting State,
2. in or over marine areas outside of Sweden or a
other additional Contracting State and
a) on board a vessel flying a
additional Contracting State flag or an aircraft which is
registered in one additional State party,
(b)) on an artificial island, installation or construction that
covered by a supplementary jurisdiction of the Contracting State, or
c) suffered by a citizen of Sweden or other
additional Contracting State, or
3. in or above the exclusive economic zone or on the
continental shelf belonging to Sweden or other
additional Contracting State in connection with the extraction or
Research of natural resources within the exclusive economic zone or
on the continental shelf.
What is the meaning of the first subparagraph 2 (c) applies in respect of a
citizens shall also apply to a company, an association
or a different society, a foundation or other such
institution established in Sweden or other
tillläggskonventionsstat. The same applies to a person who is
habitually resident in another Contracting State and the additional
which, according to the State's legislation on the right to
remuneration is equal with a citizen.
Remuneration and payment
46 section Remuneration under this Act shall be determined by
application of tort, if not
otherwise provided by law.
§ 47 Compensation under this law may be adjusted according to what is
reasonable, if the injured party has contributed to the damage
intentionally or by gross negligence.
48 § if the funds will be used for the payment of compensation
under this Act is not sufficient to full compensation for all
the victim, the payment is prorated so that
the relationship between each victim's claim and the
compensation paid is the same for all victims.
49 section following a radiological accident can be expected that the
funds will be used to pay compensation under this
law will not be enough to full compensation for all
injured party, should the compensation paid out in instalments
distributed proportionally in the manner set out in section 48.
The compensation officer may by virtue of the first subparagraph is not
delay in payment beyond what is reasonable
into account the extent and circumstances of the accident
otherwise.
50 § translation into Swedish currency shall be made after the course
in force on the date when the radiological accident.
Statute of limitations
51 § right to reimbursement under this Act is lost if
the victims do not report their claims or raises
a person is liable within three years after
the victim became aware of or reasonably
should have known of the damage and who is responsible for
it. A claim for compensation must be filed not later than ten years after
the radiological accident, if the claim relates to a different damage
than personal injury, or within thirty years after the accident, if
the claim relates to a personal injury.
52 § Government may provide for or in the
individual case may decide that an injured despite section 51 shall have
retain the right to bring an action when there is a dispute about what
the State Court has jurisdiction to hear the claim.
Recoveries and regress
53 § Compensation under this Act that have been paid to a
the victim, cannot be claimed back from the injured party,
subject to the provisions of section 54.
§ 54 the one under this law has paid compensation or
contributed to a replacement for a radiological damage has the right
that in turn require remuneration only from
1. the responsible plant holder,
2. a natural person who has wilfully caused damage,
3. in a written agreement with the responsible
fixed holder has committed itself to pay compensation, or
4. another plant executives, to the extent that follows
the third paragraph of section 41.
55 § whoever has paid or contributed to a
compensation for a radiological damage in the injured party's
place the right to compensation by the liable
fixed holder or the State, if the payment meant a
injury giving entitlement to compensation under
1. Council Regulation (EC) No 2027/97 of 9 October 1997 on
the liability of air carriers in respect of air transport
of passengers and their luggage,
2. Act (2010:510) on air transport,
3. Act (2003:778) for protection against accidents,
4. an international treaty, or
5. the laws of a country other than Sweden.
The person who has caused the damage intentionally or in a written
Agreement have undertaken to compensate for the damage shall not have the right to
the remuneration referred to in the first subparagraph for that which he has
paid pursuant to § 54 2 or 3.
Supervision
56 § enforcement of this law and related regulations
shall be exercised by the Government authority determines.
56 a of the Government or the authority that the Government
determines may provide for fees for the examination
and supervision according to this law and related regulations.
Law (2012:33).
Penalty
57 § anyone who intentionally or negligently infringes their
obligation under this law to have a liability insurance or
other financial security up to the level resulting from the 30
or section 31, shall be liable to a fine or imprisonment of up to six
months.
Competent court
58 §/expires U:den day Government/
Actions for compensation under this Act may be brought in
Sweden, on the radiological accident has occurred
1. completely or partly in Sweden or in Sweden's economic
zone, or
2. in its entirety outside of a Contracting State or
a location that it is not possible to reliably determine
and the maintainer fixed holder's facility is located in
Sweden.
An action under the first paragraph shall be instituted by filing for
the mood at the Nacka District Court (environmental court).
A case for compensation under this Act to be dealt with under
the provisions applicable to the tuning target under the
the environmental code.
58 entry into force §/I:den day Government/
Actions for compensation under this Act may be brought in
Sweden, on the radiological accident has occurred
1. completely or partly in Sweden or in Sweden's economic
zone, or
2. in its entirety outside of a Contracting State or
a location that it is not possible to reliably determine
and the maintainer fixed holder's facility is located in
Sweden.
An action under the first paragraph shall be instituted by filing for
the mood at the Nacka District Court (land and Environment Court).
A case for compensation under this Act to be dealt with under
the provisions applicable to the tuning target under the
the environmental code. Law (2010:951).
Interest and legal costs
59 § interest and costs are as follows
by court judgement or decision in proceedings for compensation under this
law shall not be considered as remuneration in accordance with the law, but should
paid for by the culprit in addition to compensation under
the law.
Enforcement of judgment
60 § a judgment on compensation for radiological damage given by a Court of another Contracting State shall, when judgment has been given the force of law and may be enforced in the State where the order is made after an application is declared enforceable in Sweden without a re-examination of the matter decided by the judgment. Law (2014:932).
61 section A request for a judgment on compensation for radiological damage must be declared enforceable under section 60 is made to the District Court that the Government provides. The application shall contain
1. the original or a copy certified by a public authority, and
2. a declaration by the competent authority of the State in which the judgment was given to the judgment concerns the remuneration pursuant to the Paris Convention and to the judgment has a legal effect and may be enforced in the State.
The documents must be provided with evidence of the Authority's permission. The certificate shall be issued by a Swedish Embassy or Consul or by the head of the judicial in the State in which the judgment was given.
Documents in languages other than Swedish, Danish or Norwegian shall be submitted also in translation to Swedish. The translation shall be certified by a diplomatic or consular officer or of notary public. Law (2014:932).
section 62 If a judgment declared enforceable, executed the judgment in the same way as a Swedish verdict that has a legal effect.
Law (2014:932).
63 § when dealing in Court of a case for a declaration of enforceability shall apply in all other respects act (1996:242) about court cases. Law (2014:932).
Övergångsbestämmeler
2010:950
1. this law shall enter into force on the day the Government determines.
The Act repeals the nuclear liability Act (1968:45).
2. Older regulations apply in the case of radiological accidents
that occurred prior to the entry into force.
3. Notwithstanding the provided for in 2, an application for enforcement made to Svea Court of appeal before 10 January 2015 should continue to be dealt with there. In dealing with the Svea Court of Appeal applied the provisions of the code of judicial procedure on appeal of a District Court decision. An application may not be accepted without the other party has had the opportunity to make any submissions on the application. Leave to appeal is required for an appeal to the Supreme Court. In dealing with the Supreme Court applied the provisions of the code of judicial procedure of an appeal of a court decision.
Law (2014:932).