Introductory provisions
section 1 of this Act,
nuclear fuel: fissile material, consisting of uranium or plutonium in the form
of metal or alloy or chemical compound, and other fissile
material that the Government sets;
product: other radioactive material other than nuclear fuel, as well as
radioactive waste, if the material or waste formed during
the production or use of nuclear fuel or radioactive
by irradiation in connection with such production or use;
nuclear matter: nuclear fuel, other than natural uranium and
depleted uranium, second product with the exception of radio isotopes, which
used or made ready for use for industrial,
commercial, agricultural, technical, medical or scientific purposes
or for educational purposes;
nuclear reactor: a device containing nuclear fuel in such
conditions that the splitting of atomic nuclei in a self-sustaining
chain reaction can occur in the device without injection of neutrons
from another source;
Atomic Plant: Atomic reactor with the exception of Atomic reactor that was inserted in the
ships or other means of transport, and which were used or intended to
be used as a power source; factory for the manufacture or treatment of
nuclear substance; plant for the separation of isotopes of nuclear fuel; factory
for the processing of irradiated nuclear fuel; facility for the storage of
nuclear substance, if the plant is not intended only for temporary
structure during transport of the substance; other plant, as
the Government, which offered nuclear fuel or radioactive
product;
fixed state: for each nuclear facility the State party within whose
area facility is located or, if the plant is not located within any
State, the Contracting State who operates or has approved
the plant;
holders of nuclear plant: in case of installation in Sweden the
licensed under the Atomic Energy Act (1956:306) or otherwise operates
or possession of the property and in the case of plant except the Kingdom the
According to the law in the fixed State is considered to be the plant's
holders;
nuclear damage: the damage caused by the radioactive properties of
nuclear fuel or radioactive products or radioactive characteristics in
Association with toxic, explosive or other dangerous properties of
the fuel or the product, on the one hand, damage caused by ionising
radiation from other sources of radiation in a nuclear plant than Atomic fuel
or product;
Atomic accident: such occurrence or series of occurrences having the same origin which
causes nuclear damage;
Paris Convention: 29 July 1960 in Paris closed the Convention
on third party liability in the field of nuclear energy, as amended by the
Paris on 28 January 1964 concluded the additional protocol or the mentioned
Convention as amended by this Protocol and that in Paris 16
November 1982 completed the amending Protocol;
Additional Convention: in Brussels on 31 January 1963
Additional Convention to the Paris Convention in the version that
the complementary Convention have received through it in Paris on 28 January 1964
concluded the additional protocol and that, similarly, in Paris, on 16
November 1982 completed the amending Protocol;
Contracting State means a State that is party to the Paris Convention.
The Government may appoint, shall be exempt from the application of the law to
Atomic plant, nuclear fuel or radioactive products, if the risk is
connected with the plant, the fuel or the product is made. Team
(1982:1275).
section 2 Is two or more atomic facilities that have the same holder in
near each other, the installations constructed first
and the person or within a radius of 1 000 m from the
first built the plant for the purposes of this Act, together
be treated as an atomic plant. If in such a case a plant,
without the atomic plant, contains radioactive material is located
within that RADIUS, the plant and Atomic plants
together considered as a facility, if they have the same owner. What
that has now been said applies only in respect of establishments in Sweden. Team
(1982:1275).
section 3, Except in so far as it concerns paragraph 14, third subparagraph, and paragraph 14 (a) owns this law not
application of nuclear damage in consequence of the nuclear accident which occurred in other
State to State party.
In respect of civil liability for holders of nuclear plant in Sweden owns
the law applicable to nuclear damage suffered in the State other than
Contracting State only if the nuclear incident occurred in Sweden. In the case of
accountability for holders of nuclear plant but the Kingdom comes
with respect to accountability in the room what prescribed in
-current state law.
The Government, with regard to the State which is not Contracting State shall order that
compensation for nuclear damage which arise in the State in non-payable
Sweden in further Mo than compensation in the same State would be paid for the
nuclear damage arising from this. Such appointment may, however, not apply in
so far as the application would be incompatible with Sweden's obligations
According to the international treaty.
On the right, in certain cases, the one that gave compensation for nuclear damage
that, notwithstanding the provisions of this section require compensation
back from holders of nuclear plant announced provisions of section 15. Team
(1982:1275).
section 4 of the Government may, in accordance with Sweden's obligations under
Paris Convention, shall order that the State which is not Contracting State shall at the
law enforcement equated with the State party. Act (1982:1275).
Damages
5 § nuclear damage in consequence of nuclear accident in nuclear plant replaced by
the plant's owners. This is however not without explicit commitment
by written agreement, responsible in respect of nuclear accident to the
the harmful effects of non involved other atomic fuel or other radioactive
product than such Atomic substance up temporarily in the plant
during transport to or from the Atomic facility in the State party.
section 6 of the Atom by atom accident during transport of radioactive substance
from nuclear plant in Sweden or in another Contracting State replaced by
the plant's owner, if other non follows from second or third
paragraph.
Place the transport to the atomic plant in Sweden or other
State party, the liability for nuclear damage in consequence of
Atomic accident in transit of the receiving plant holder
at the time that have been determined by written agreement between the latter
and the sender. Has such an agreement is not reached, the accountability when
Atomic substance övertages of the host plant holder.
Place the transport to the Atomic Reactor, which incorporated in ships or other
means of transport and is intended to be used as a power source,
fixed holder's liability when the Atomic substance övertages by the
as with proper authorization operates or controls the means of transport
reactor.
section 7 of the nuclear substance was sent from the State other than Contracting State to
Atomic plant in Sweden or in another Contracting State in writing
consent of the owner, responsible for nuclear damage in consequence
by Atomic accident during shipment, except where non other paragraph.
In the transport of Atomic matter from Atomic Reactor, inserted in the vessel
or other means of transport, and is intended to be used as
power source, to the atomic plant in Sweden or in another Contracting State,
accountability rests with the plant's owners from the Atomic substance
övertages by him.
Nuclear damage in consequence of Atomic accident in Sweden during the different
transport of radioactive substance than those done from or to
Atomic plant in Sweden or in another Contracting State is replaced by the
permitted to transport under the Atomic Energy Act. The
provisions of this Act relating to holders of Atomic facility in
Sweden applies in such a case the holder of the authorization.
§ 8 the provisions of §§ 6 and 7 on civil liability for nuclear damage in consequence of
Atomic accident during transport of radioactive substance shall apply also with regard
Atomic accident which occurs during the temporary placing of nuclear substance
during transport except in cases where the Organization has been in nuclear plant
and its holder is responsible on the basis of the agreement referred to in section 5.
section 9 Has nuclear damage in other cases than those referred to in §§ 5-8 caused by
nuclear substance, which came from the atomic plant in Sweden or in another
Contracting State or which before Atomic accident during transport
referred to in section 7, is on the accountability for the damage the plant holders
at the time of the accident had the substance in his possession.
Was substance when not in possession of any fixed holder, rests with the
accountability the fixed holders who last had the substance in his
possession. Have a fixed holder by written agreement
assumed responsibility for such nuclear damage, rests with the responsibility to him.
If Atomic substance before the accident during transport and non after
the transport remained in the possession of a fixed holder, rests with the
accountability the fixed holders when the transport was
responsible according to § 6 or 7 for nuclear damage in consequence of nuclear accident during
the transport. Act (1982:1275).
section 10 Of the application by the carrier, which carries out such transport by
nuclear substance referred to in section 6 or 7, Government or authority
the Government determines the order that the carrier instead of the holders
of the nuclear plant in Sweden shall be liable for nuclear damage in consequence of
Atomic accident in the course of or in connection with the shipment. Such appointment
get notified only about the plant's owner consented thereto and
the carrier proved that the insurance was taken out according to §§ 22-26 or to
Security is provided under section 27. Has writ granted, applies to the
provisions of this Act relating to holders of Atomic facility in
instead of the carrier in case of nuclear accident under or in connection
to the transport.
Has under the law of another Contracting State the corresponding appointment
in the case of damage for which the holder of a nuclear installation in the
the State would be responsible, have the mandate for the purposes of this
same effect as law decree referred to in the first subparagraph. Act (1982:1275).
section 11 of the Compensation under this Act are payable even if the atomic plant
holders are not causing injury.
Holders of nuclear plant in Sweden, however, is not liable under this
law in respect of nuclear accident, which is a direct result of the Act of war
or similar action during armed conflict, civil war or insurrection
or caused by severe natural disaster of an exceptional, inevitable and irresistible character. For
holders of nuclear facility in another Contracting State is in such a
cases, accountability only if fixed state law stipulates it.
On accountability, in cases referred to in the second paragraph, under other
tort law than contained in this Act is communicated to the provisions of
paragraph.
12 § holder of nuclear plant not responding under this Act for
1. damage to the atomic plant or other nuclear facility in its
immediate surroundings, including other atomic plant under
the construction,
2. damage to property which, at the time of the Atomic accident were within
the plant site and was used or was intended to be used in
connection with a nuclear facility in the area.
The holder of the nuclear facility in another Contracting State is responsible in
reason of nuclear accident that occurred during the transport of radioactive matter,
avgöres under fixed state law, compensation shall be paid for
damage to the means of transport.
Regarding liability for damage referred to in the first or second subparagraph
According to other indemnity regulations than included in this law are announced
provisions of paragraph. Act (1982:1275).
section 13 unless otherwise provided in this Act, shall be determined by compensation, which
is paid according to the law, with the application of tort law.
The adjustment of damages in respect of contributory negligence on the victim's
page may take place only on the contribution to the injury occurred intentionally or
by gross negligence.
section 14 of the claims for compensation for nuclear damage, which are covered by
the compensation provisions of this Act or similar legislation in
other Contracting State, may not be asserted against a person other than the holder of the
nuclear facility or the one who informed the insurance against his accountability,
If other non-permitted by section 14 or section 16 of the other point.
Claims for compensation for nuclear damage, for what fixed holder
under section 11 or 12, or the corresponding provision in the other
non-Contracting State is responsible, law may be enforced only against
natural person who caused the damage intentionally. For such damage to the
means of transport referred to in paragraph 12, however, is
fixed holder liable under tort law.
Civil liability for nuclear damage, as not covered by
the compensation provisions of this law or the corresponding provisions of the
other Contracting State law and incurred as a result of the nuclear accident during
transportation by sea of nuclear substance or otherwise in due
second hand vessels, may not be enforced here in the Kingdom, where the
holding or pushing the atomic plant is responsible for the damage in accordance with the law
in the State bound by it in Vienna, 21 May 1963
Convention on civil liability for nuclear damage or under such other
foreign State regarding legislation on civil liability for nuclear damage as in
all aspects are equally favourable for victims like Paris or
The Vienna Convention. Except as regards the liability of natural person
caused the damage intentionally, in specified cases, now the same shall apply in the case
If nuclear damage referred to in section 11 or section 12, first subparagraph, or
raised on the towing vessel, even if the holder or
power plant because of the special provisions thereof in
The Vienna Convention or conventions against these defendants
provisions of the applicable national law is not responsible for
the damage.
Regarding the replacement of State funds announced provisions of §§ 28-35. Team
(1974:249).
14 a of the provisions of section 14 is not applicable to the extent that such application
would be incompatible with Sweden's obligations under international
Treaty. Act (1974:249).
section 15 of The who have had to pay compensation for nuclear damage due
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 baggage, emergency assistance Act
(1986:1102), LNA (2010:500) or international
Treaty or the legislation of the foreign State shall arise in the
victim's right against the fixed holders who respond
for damage pursuant to this law. Relates to compensation injury
subject of a pursuant to section 3, third subparagraph announced
appointment, have the right to demand the compensation obligation
back the compensation of the fixed holders who would
have been responsible for the damage, if the appointment was not announced.
Has anyone that has its head office in Sweden or in another
Contracting State or someone who is an employee of such a person
have had to pay compensation for nuclear damage, for which the
injured due to provisions of paragraph 3 are not
entitled to compensation under this Act, he or
She is entitled to recover the damages of the
plant holders that disregards the said
provisions would have been responsible for the damage. In doing so, the owner of first
the first point of the corresponding application. Has the damage
incurred during transportation of radioactive substance to recipients in
State other than the State party, does the sending
fixed holder's liability no longer than until
substance is unloaded from the means of transportation by which it arrived
to the State. Has the damage caused during the transport of
Atomic substance from the sender in such a State, the
host plant holder's liability not until
substance loaded on the means of transportation by which it was sent
from the foreign State.
Chargeback right pursuant to the first or second paragraph, there is
not the one who himself is liable for the damage under section 20.
Law (2010:507).
16 § has someone at one time suffered nuclear damage, which entails the right to
compensation under this Act, and other damage, apply the law
provisions on civil liability for nuclear damage on all injuries, and in
to the extent that there is such a connection between them that they cannot
tillförlitligen be distinguished. This causes but not restriction in the
accountability as in other tort law is imposed on other than the
According to this law the maintainer fixed holder for damage in consequence of
such ionizing radiation as non covered by this law.
section 17 of the holders of an atomic plant in Sweden is the responsibility
According to this law, limited to an amount equivalent to 300
million special drawing rights for each accident. As far as
applies to a facility for the manufacture, treatment or
storage of unirradiated uranium is responsible, however, limited to
an amount equivalent to 10 million special drawing rights
for each accident. The same applies in case of nuclear accidents
occur during the carriage of such uranium. For the holder of a
Atomic plant outside Sweden determined assessed liability under
-current state law. In the case of a nuclear accident
during transport of radioactive substance refers to the fixed holder
responsibility under this law for damage other than damage to the
the means of transport is in no case a lower total amount
than 10 million special drawing rights.
The expression "special drawing rights" refers to those of
The International Monetary Fund, use special
drawing right. The conversion of special drawing rights
to Swedish kronor are made after the date of the nuclear incident
occurred. When converting to dollars, the krona's value
calculated in accordance with the calculation method International
Monetary Fund the day applying for its activities and
transactions.
The amounts referred to in the first subparagraph does not include interest
or reimbursement of costs. Law (2001:93).
section 18 Is two or more fixed holders liable for the same damage,
they answer jointly and severally liable for the damages with the limitation for each of
them to the amount applicable to him under section 17 of the first paragraph. Has
the damage occurred during transport by multiple parties Atomic substance on a
and the same means of transport, or under temporary structure in a
the same atomic plant by several parties Atomic substance during transport,
However, plant holders ' aggregate liability will be limited to the
maximum amount that applies to any of them.
Between fixed mind holders mutually divided accountability for what
is reasonable in view of any fixed percentage in the injury
the origin and circumstances of the case.
Article 19 if the liability amount applicable under section 17 of the first subparagraph, or
section 18, first paragraph, not sufficient to remedy for those who are
entitled to reimbursement, nedsättes their allowances and subsequently
While authorizing the rate by the same fraction.
It can be taken after the loss occurred is to be feared that under the first
the paragraph requires, can the Government or authority that Government determines
order, that compensation until further notice shall be only certain
fraction. Act (1982:1275).
section 20 of the Compensation as a holder of the Atomic establishment issued under this
Act or similar legislation of another Contracting State, he owns
require the return of the natural person who caused the damage intentionally or as a result of the
as fixed by written agreement with the holder explicitly
committed to responsible for the damage. Otherwise owns the holders of
Atomic plant non of other recover what he issued under this Act
or equivalent legislation in another Contracting State in further Mo than
conferred by section 16 of the other point or the second subparagraph of section 18.
section 21 of The who, with the support of 5, 6, 7, 8, 9 or 15 § would draw
compensation claims against the owners of nuclear facility or against it
announced insurance against his accountability, on pain of the action
loss reporting its claim of the holder within three years from the date of
He received or in accordance with reasonable diligence away to ascertain the
He suffered the injury giving rise to the right to compensation under this Act, and
If the person responsible for the damage or, in the cases referred to in section 15 of the first or
second paragraph, from the date on which the claims were filed against him.
Action for compensation shall be brought against the plant's owners or
his insurer within ten years from the date of the nuclear incident
occurred. Have the damage caused by the Atomic substance unlawfully
appropriated, lost or abandoned without again having been found,
However, an action may be brought shall not after twenty years from the date
for the theft, loss or abandonment. In cases where it is
necessary to comply with the provisions of the Paris Convention, provides for
Government to the injured parties shall be preserved at its right to
compensation, despite the fact that the action is not brought by a Swedish court in this
the prescribed time limit. The Government indicates in that regard what the victim has to
observe for that the right shall be continued.
Regarding the compensation from the State in certain cases, when the fixed holder
accountability ceased, communicated to the provisions in section 32. Act (1982:1275).
Insurance
section 22 holders of nuclear plant in Sweden shall receive and maintain
insurance to cover their liability for nuclear damage under this Act
the corresponding legislation of the other Contracting State next to it
liability amounts applicable to him under section 17 of the first paragraph.
The insurance policy shall be approved by the Government or authority
the Government determines.
Insurance may be taken either
a) so that the insurance covers liability for each occurrence
nuclear accident; or
b) so that the insurance policy at any time, apply to the plant with
the agreed insurance sum after deduction of compensation
the insurer has to pay because of the insurance.
Liability for damage during transport may be covered by special insurance.
Act (1982:1275).
section 23 in the cases referred to in paragraph 22 (a)), the sum insured
correspond to at least the liability amount applies to facility
holders under section 17 of the first paragraph. In the cases referred to in section 22 of the other
subparagraph (b)), the insurance amount shall be equal to at least one hundred and twenty
per cent of the liability amounts. Included in the sum insured
non interest or compensation for costs incurred.
Has the policy been taken as referred to in paragraph 22 (b))
and contingency which occurs can be taken alone or in conjunction
with former insurance cases result in impairment of the sum insured
under the liability amount applies for the resort's owner,
It is for this to take additional insurance which brings
insurance up to at least one hundred and twenty percent of that amount.
section 24 of the insurance, for those who are entitled to compensation
confer the right to get compensation directly by the insurer. If
the latter is not made other reservations, the insurance applies also for
the holder of the Atomic establishment against his liability under this Act
or equivalent legislation in the other Contracting State.
section 25 of the insurance contract termination or otherwise discontinued,
the insurer is nevertheless liable to the claimant for
compensation in respect of nuclear accident occurring within two months from
that day written notice of the time of termination was received at the
the Government authority determines. The insurance damage
occur during the transport of Atomic matter and have such transport
commenced before the end of that time, however, the insurer ceases
accountability towards the victim non until the shipment is completed.
The first subparagraph shall apply non respect of Atomic accident occurring after
the new insurance policy in force.
In further Mo than that resulting from the first or second subparagraph,
the insurer non to exemption from accountability to the
victims invoke the factor which depends of other than this. Team
(1982:1275).
section 26 of the provisions of §§ 24 and 25 apply in cases where an action for
compensation under this Act may be instituted in Sweden, even if the foreign law
is applicable to the relationship between the insurer and holder
of the atomic plant or this is beyond the Empire.
paragraph 27 of the obligation under section 22 is imposed on non-State.
Government or authority that the Government can from
insurance exempt holders of nuclear plant set
adequate security for its obligations under this Act, and
the corresponding law in force in the other Contracting State and indicate that he at
properly catered for regulation of upcoming damage.
What prescribed in this law concerning insurance holds the corresponding
application of security referred to in the second subparagraph, or
the corresponding provision in the law of another Contracting State. Act (1982:1275).
Replacement of State funds
section 28 of the Shows it as under this Act or similar legislation in
other Contracting State is entitled to remuneration of holders of
Atomic plant in Sweden, that he was able to get out the compensation of
plant owner's insurer, awarded compensation by the State.
Compensation in accordance with the first paragraph starts not with a higher amount than that
corresponds to the for the fixed holder under section 17, first subparagraph
current liability amount.
section 29 is on civil liability for nuclear damage marketing here in the Kingdom or in
other States that are party to the Supplementary Convention located atom plant,
What was used for peaceful purposes and, at the time of the nuclear incident, there were
busy on the article 13 of the said Supplementary Convention list, and
is a Swedish court under § 36 jurisdiction to hear claims against
fixed holder, shall, if the liability amount applicable
under section 17 of the first paragraph or section 18, first paragraph non sufficient to
full compensation or for compensation until further notice is paid only with certain
tariff quota by virtue of appointment under paragraph 19, remedy
of State funds be prepared for nuclear damage incurred
a) in Sweden or any other State which acceded to the Supplementary Convention;
(b)) on or over the high seas on board a ship or aircraft that is
registered in Sweden or in another State party to the
Additional Convention; or
(c)) on or over the high seas, in other cases, if the injury sustained by State
as party to the Supplementary Convention or nationals of such a State, in which case the
However, compensation for damage to the vessel or aircraft is paid only if the
This at the time of the nuclear accident was registered in the State party
the Supplementary Convention.
For the purposes of the first subparagraph similar establishment with citizens in State
party to the Supplementary Convention company, association or other associations,
Foundation or other such institution, which is domiciled or
otherwise established in such State. That nationals of other States which acceded
Additional Convention than Sweden also counts it as under the law of such
State is deemed a habitual offences in that State, and in the case of
the right to compensation under the additional Convention are assimilated with the
nationals of the same State.
section 30 of the Replacement of government funding, as determined pursuant to section 29 of the grounds
as indicated in paragraph 11, 12 and 13, sections and section 17, second subparagraph.
The provisions of section 15, first subparagraph, first and third paragraphs
If a right of recovery against the holders of the atomic plant holds the corresponding
application in respect of the right to recover the State of what is published in
reason of nuclear damage for which compensation of State funds by
section 29. Act (1982:1275).
section 31 of the total amount of the compensation shall
paid as a result of a nuclear accident, partly according to §§ 5-21 and
29 and 30 § § by holders of nuclear plant and the State
under such an agreement referred to in article 15 of
the Supplementary Convention, is limited to an amount corresponding
425 million special drawing rights. This amount includes the
no interest or costs.
The expression "special drawing rights" refers to those of
The International Monetary Fund, use special
drawing right. Brought actions for compensation, translation
from special drawing rights to the Swedish krona made after
the course on the day when the accident occurred, were it not for a certain
accident laid down another day by agreement between the
States which acceded to the Supplementary Convention. When translated into
SEK Swedish krona's value shall be calculated in accordance with the
calculation method applied by the International Monetary Fund
their activities and transactions.
If the amount in accordance with the first and second subparagraphs
available for the compensation of State funds under 29 and
30 § § are not sufficient to pay the damages,
payments and interest on payments down with the same
fraction. The provision in the second paragraph of section 19 apply also in
question about these benefits. Law (2001:93).
31A Is a holder of a nuclear plant in this country
liable for nuclear damage and hand the total amount
of the compensation payable under section 17, first subparagraph
and section 18, first paragraph and of the State resources within the meaning of §§ 29-31
or otherwise under the additional Convention not to full
compensation for damage shall be paid additional remuneration
for damage incurred
(a)) in this country,
(b)) in Denmark, Finland or Norway,
(c)) or on board a ship or an aircraft that is
registered in Sweden, Denmark, Finland or Norway, or
d) elsewhere, if the damage has been inflicted a Swedish citizen
or a Swedish legal entity.
Compensation in accordance with the first paragraph is also paid for damage in
any State which has acceded to the Supplementary Convention on the same subject
as compensation in this State would be paid for nuclear damage which
raised in Sweden.
The total amount of the compensation shall be paid
as a result of a nuclear accident, partly according to §§ 5-21 and 29-31 § §
by holders of nuclear plant and the State as a
such an agreement referred to in article 15 of the tillläggskonventionen,
part of the State in accordance with the first and second paragraphs, is limited
to six billion. This amount excludes interest or
compensation for legal costs.
In the case of payments under the first and second paragraphs have section 30
the corresponding application.
If the amount in accordance with the third subparagraph are to
available for redress of public funds non sufficient to
compensation for damage, reduced benefits and subsequently
While authorizing the rate by the same fraction. The provision in section 19 of the other
paragraph holds the corresponding application. Law (2001:353).
32 § has nuclear damage incurred in Sweden in consequence of nuclear accident
the harmful effects of holders of nuclear plant in Sweden is responsible,
disclosed only after the fixed holder's liability terminated
According to section 21, second paragraph, or the corresponding provision in the other
Contracting State law but within thirty years from the date of the accident, issued
obtaining compensation from the State. Also for harm disclosed before the accountability
Thus ended granted compensation from the State, if the injured party
Admittedly failed to bring an action within the prescribed period, or
carry out other limitation termination action but had acceptable excuse
for his failure.
Have the damages reduced in accordance with section 19 of the first subparagraph and, if
case, the third paragraph of section 31 and 31A, fifth paragraph, or according to
the corresponding provisions in the other Contracting State law, nedsättes
remuneration of State funds under this section in the same month.
The liability is determined as if the plant's
the holder was responsible for the damage. Claims for compensation, on pain of
which the loss is reported within the time set out in paragraph 21 of the
the Government authority determines.
The Government may order that compensation under this section shall be deleted,
also for damage except Sweden. Act (1982:1275).
section 33 If the liability amount applicable pursuant to section 17, first subparagraph
or section 18, first paragraph, or the corresponding provision in the other
Contracting State law and remuneration of State funds provided under
29-31 sections or otherwise under the Supplementary Convention as well as under 31A
non sufficient to full compensation for the damage, reconstitute
indemnification of State funds under the grounds that fixed establishment in a special law.
Such a remedy is provided in this intended cases, in addition to
compensation provided under section 32 of this empire damage, if
such compensation is reduced under paragraph 32 the first point.
Restitution is now mentioned also in case when due to appointment
According to § 19, second paragraph, the third subparagraph of section 31, second point or 31 (a)
the second paragraph point compensation until further notice starts only with the
certain fraction. Act (1982:1275).
34 § compensation under 28, 29, 31 (a) or section 33 is payable in respect of
Atomic accident referred to in the second subparagraph of section 11. Act (1982:1275).
35 § Amount issued pursuant to section 28 of the may state require the return only of
nuclear plant's owner, his insurer and the against
the resort's owners have chargeback rights under section 20.
For amounts issued under 29, 31 (a) or section 33 in response to
writ granted in accordance with paragraph 19 of the State arises
the right to compensation of fixed holder may apply the
injured. In addition, amounts, as the State issued under 29-31 and
31 a section or as otherwise published by complementary Convention
provisions in respect of nuclear accident, for whose ill effects
holders of nuclear plant in Sweden is responsible under other
Contracting State law, or State issued under section 33, be required again
only from the individual who caused the damage intentionally. The corresponding
apply in respect of remuneration paid by the State issued under section 32. Team
(1982:1275).
Place of jurisdiction, etc.
section 36 Actions with support of 5, 6, 7, 8, 9 or 15 § against holders of
Atomic plant or its insurer may be sued in Sweden, if
a) Atomic accident in whole or in part occurred in Sweden; or
b) Atomic facility is located here and Atomic accident in its entirety
occurred but States parties ' areas or the location of the accident
cannot be determined with certainty.
In cases where it is necessary in order to comply with the provisions of article
13 (c) (ii) of the Paris Convention appoints Government restriction of
the jurisdiction of Swedish courts referred to in the first subparagraph. Team
(1982:1275).
37 § action in case, as according to section 36 can be collected in Sweden, and an action against
State 28, 29, 31, 32 or 33, section (a) is brought by the law of the place
where the Atomic accident occurred. Are two or more competent courts,
He raises an action before any of them.
There is no competent court pursuant to the first subparagraph, is brought an action before the
The Stockholm District Court. Act (1982:1275).
section 38/expires U:den day Government/
Have a case for compensation for nuclear damage in other
Contracting State and the courts of the State in accordance with the Paris Convention
jurisdiction to hear any dispute that judgment, judgment, when it won
legal effect and may be enforced in the State that granted, on application
enforced in Sweden without the new award is made by the thing decided
by judgment. This means no obligation to enforce the foreign judgment, if
the liability amount applies to the atomic plant holders
This would be exceeded.
An application for enforcement of the Svea Court of appeal. At the application shall
be annexed
1. the judgment in the main proceedings or in transcript certified by the authority;
2. Declaration by the competent authority of the State where the judgment was given, that the
the judgment concerns the remuneration pursuant to the Paris Convention and to the final
effect and may be enforced in that State.
Now these documents must be provided with evidence of the Authority's
permission. The certificate shall be issued by the Swedish diplomatic mission or
Consul or by the head of the judicial judgment in the State in which the
announced. Is action on the subject written in a foreign language other than
Danish or Norwegian, the document accompanied by a translation into
Swedish. The translation shall be certified by the diplomatic or
consular officer or by Swedish public notaries.
Application for enforcement must not be granted without the defendant had
opportunity to comment on the application.
The application is approved, the ruling establishment in the same way as Swedish
legal force of proprietary dom, if not the Supreme Court after an action against
the decision of the court orders otherwise.
the entry into force of § 38/I:den day Government/
If a judgment in an action for compensation for nuclear damage in another Contracting State and if the courts of the State in accordance with the Paris Convention are competent to rule on the dispute that judgment applies, judgment, when it has a legally valid and enforceable in the State in which it announced, after an application executed in Sweden without a re-examination of the matter decided by the judgment. However, there is no obligation to enforce a foreign judgment, if the liability amount applicable for nuclear plant's owners would be exceeded.
An application for enforcement is made to the District Court that the Government provides. The applicant shall submit with the application
1. the original or copy certified by a public authority, and
2. a declaration by the competent authority of the State where the judgment was given, that the judgment concerns the remuneration pursuant to the Paris Convention, and that it 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. If a document in the case is not written in Swedish, Danish or Norwegian, Swedish, a translation to be submitted along with the document. The translation shall be certified by a diplomatic or consular officer or of notary public.
If the application for enforcement is upheld, the judgement is enforced in the same manner as a Swedish verdict that has a legal effect.
In the Court of a case if the enforcement applied in other Act (1996:242) about court cases.
Law (2014:917).
Other provisions
section 39 When Atomic substance was sent from Atomic facility in Sweden to
receiver except the Kingdom or to such nuclear plant from the sender except
Empire and shipment is made under such circumstances, to
plant holders in accordance with § 6 or 7 accounts for upcoming
damage to the carrier, he shall submit a certificate, which is
issued by the insurer and contains an indication as to the name of
the plant's owner and his address, if the Atomic substance and
the transport insurance relates, and if the insurance amount, art
and duration. The certificate shall be provided with a certificate of authority
as the Government determines that it is in that mentioned fixed holder is
holders of the atomic plant in the meaning of the Paris Convention. The who
issued the certificate is responsible for ensuring that the information on the facility's
holder and his address, and if the insurance or security
amount, nature and duration.
Form of certificate referred to in the first subparagraph fixed establishment of
Government or authority that the Government determines. Act (1982:1275).
section 40 of The who neglect insurance obligation under this law or not
If such a condition on the provision of security prescribed by
under paragraph 27 agie to fines or imprisonment of up to six
months.
41 repealed by Act (1982:1275).
Transitional provisions
2014:917
1. this law shall enter into force on the day the Government determines.
2. Older rules applicable to the processing in the Svea Court of appeal and the Supreme Court cases that have commenced in the Court prior to the entry into force.