Law (2010:950) On Liability And Compensation In Radiological Accidents

Original Language Title: Lag (2010:950) om ansvar och ersättning vid radiologiska olyckor

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:950

/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).