Key Benefits:
1 This Law regulates civil liability in the event of nuclear damage caused by nuclear installations or the transport of nuclear substances, as well as their coverage.
2 It shall not apply to damage caused by radioisotopes which are used or intended to be used outside a nuclear facility for industrial, craft, agricultural, medical or scientific purposes.
3 The Federal Council may exclude from the scope of this Law low-radioactive nuclear substances.
1 Damage of nuclear origin means:
2 Nuclear substances are nuclear fuels, as well as radioactive products and waste.
3 Nuclear fuel refers to fissile material comprising, in the form of metal, alloy or chemical compound, uranium or plutonium, and any other fissile material designated by the Federal Council.
4 Radioactive material and waste means radioactive material produced or materials that have become radioactive by exposure to radiation resulting from the production, use, storage, reprocessing or transport of radioactive material. Nuclear fuel.
5 Nuclear facilities include those used to produce nuclear energy or to produce, use, store or reprocess nuclear substances.
6 Nuclear energy refers to any form of energy released during nuclear processes.
7 By the operator of a nuclear facility, the person who construcrelates such a facility or possesses it or who, without the consent of the competent authorities, has waived the right to hold it.
1 The operator of a nuclear facility shall respond in an unlimited manner to nuclear damage caused by nuclear substances in its facility.
2 It also responds to nuclear damage caused by nuclear substances from its facility, which, at the time the damage occurred, had not yet been taken up by the operator of another nuclear facility. Nuclear substances shall be deemed to have taken place when they cross the grounds of the other nuclear facility or on an agreed line outside Switzerland.
3 When the operator of a nuclear facility receives nuclear substances from abroad, it responds to nuclear-related damage occurring in Switzerland, which is caused by these substances during transport to the facility. The action against the foreign consignor is reserved.
4 If the facility does not belong to the operator, the owner shall respond to damages solidarily with him.
5 Where nuclear damage is caused by nuclear substances in transit through Switzerland, the responsibility lies with the holder of the transport authorization. If he does not have a domicile in Switzerland, he must submit a written declaration to the Swiss court and elect domicile in Switzerland for actions based on this Law.
6 No person other than those listed in paras. 1 to 5 does not respond to nuclear damage to the injured party. The person who responds under international conventions has an appeal against the person who is responsible under this Act.
The cost of measures taken by the competent authority to remove or reduce an imminent nuclear danger may be borne by the operator of the nuclear facility or the holder of the transport authorization.
1 The operator of a nuclear facility or the holder of a transport authorization shall be released from liability if it proves that the injured party has caused the damage intentionally.
2 It may be relieved of its responsibility in whole or in part if it proves that the injured person has caused the damage by gross negligence.
The person responsible under s. 3 has recourse only against those of persons:
1 The manner and extent of the reparation and the award of compensation as a moral remedy shall be governed by the principles of the Code of Obligations 1 Concerning unlawful acts. Art. 44, para. 2, the code of obligations is not applicable.
2 Where the victim of the injury has exceptionally high income, the judge may, taking into account all the circumstances, reduce the compensation fairly.
1 Agreements that exclude or restrict civil liability resulting from this Act shall be null and void.
2 Agreements which establish manifestly inadequate compensation shall be cancelled within three years of their conclusion.
1 The rights deriving from this Law shall be guaranteed to the injured persons who are insured under the Federal Act of 20 March 1981 on accident insurance 1 Insurers are subrogated to the rights of policyholders in accordance with ss. 72 to 75 of the Federal Act of 6 October 2000 on the general part of the right to social insurance 2 . 3
2 The benefits that the injured party withdraws from non-compulsory accident insurance, the premiums of which have been paid in whole or in part by the operator or the holder of a transport authorisation, will be deducted from the amount of the repairs due by this Or the holder on a pro-rata basis from the share of the premiums he has taken in charge, unless otherwise provided for in the insurance contract.
1 The claims resulting from this Law shall be governed by three years from the day on which the injured party has become aware of the damage and the person who bears the responsibility or the cover thereof. They perish, with the exception of those dealing with deferred damages (art. 13) if no action is brought within thirty years after the harmful event; where the damage is due to prolonged influence, this period shall run from the point at which it ceases.
2 As regards the right of appeal, the three-year period begins to run on the day on which the person for the benefit of that right is aware of the amount of the benefits to be provided.
3 If the health of the injured party becomes worse after the judgment or conclusion of the Convention, or if new facts appear or new evidence are produced, the review of the judgment or the amendment of the Convention may be requested in Three years from the day on which the injured party became aware of such facts or evidence, but no later than thirty years after the injurious event.
4 The limitation period against one of the parties concerned (responsible person, insurer or confederation) is also against the others.
1 The person who is liable under this Law shall, in order to cover the insurable risks, contract with an insurer authorized to operate in Switzerland, an insurance of at least 300 million francs per nuclear facility, plus 30 million francs at least for interest and procedural costs. For the transit of nuclear substances by Switzerland, the amount insured for each transport must be at least 50 million francs, plus 5 million francs at least for interest and procedural costs.
2 When the insurance market offers a higher level of coverage under acceptable conditions, the Federal Council is obliged to increase these minimum amounts.
3 The Federal Council defines the risks that the private insurer may not cover in respect of the injured party.
The Confederation shall cover the person responsible for nuclear damage to a maximum of one billion francs per nuclear facility or by transport, plus 100 million francs for interest and procedural costs, to the extent that The damage is greater than the amount covered by the private insurer or if it has been excluded by that insurer (art. 11, para. 3).
The Confederation covers the amount provided for in Art. 12 nuclear damage whose compensation can no longer be claimed by the person in charge because the 30-year time limit (art. 10, para. 1) has passed.
1 In order to fulfil its obligations under s. 12 and 13, the Confederation collects operators of nuclear power plants and holders of contribution authorizations. Their amount is calculated in such a way as to ensure the best possible cost coverage.
2 The Federal Council fixes the amount of contributions.
3 The administrative unit designated by the Federal Council determines and collects contributions. ... 1
1 Phrase repealed by c. 71 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
The Confederation creates a fund to which contributions collected under s. 14 as well as interest.
1 The Confederation also covers, in competition with the amount provided for in Art. 12, but in charge of its general resources, the damage of nuclear origin that the injured party has not intentionally caused:
2 The Confederation may reduce its benefits or even refuse them where the injured party has caused the damage by gross negligence.
3 When the Confederation provides benefits under para. 1, it has recourse against the person in charge. In addition, it is subrogated to it in its right of appeal.
1 Introduced by c. II 3 of the annex to the Act of 21 March 2003 on nuclear energy, in force since 1 Er Feb 2005 ( RO 2004 4719 ; FF 2001 2529 ).
2 Formerly let. C.
3 Formerly let. D.
1 The Federal Council may exempt from the obligation to insure with a private insurer the person responsible who provides in another form security equivalent rights for the injured.
2 The Confederation is not subject to the obligation to ensure that it operates nuclear facilities.
1 If the private insurer or the Confederation provides benefits or supplies reserves as a result of a damaging event, coverage will be reduced. When the benefits or reserves reach the tenth of the cover, the insurer must inform the policyholder and the competent federal administrative unit.
2 In this case, the policyholder must conclude an additional insurance that will restore the entire initial coverage. However, supplementary insurance covers only harmful events occurring after its entry into force. In case of doubt, the competent authority shall rule on the obligation of the policyholder to increase his coverage, taking into account the amount of accumulated reserves.
3 Where an amount reserved for the liquidation of cases occurring prior to the entry into force of the supplementary insurance has not been used, it cannot be used to cover damage occurring after the supplementary insurance has entered into force.
1 The injured party may act directly against the private insurer or against the Confederation within the limits of the amount covered by the insurance.
2 Exceptions from the insurance contract or the Federal Act of 2 April 1908 on the insurance contract 1 Cannot be opposed to it.
1 The private insurer and the Confederation have recourse against the policyholder or against the insured to the extent that they are entitled to refuse or reduce their benefits under the insurance contract or the Federal Act of 2 April 1908 on The insurance contract 1 They shall be entitled to appeal only to the extent that they are not prejudicial to the injured.
2 The private insurer and the Confederation shall be subrogated to the person responsible in its application only in so far as this does not prejudice the injured.
The Insurer will announce the suspension and termination of the insurance to the competent administrative unit. Both will have effect only six months after receipt of the insurer's announcement, unless the insurance has previously been replaced by another.
1 After a damaging event of a certain gravity, the Federal Council orders an investigation. It shall, by publication, invite all persons who believe that they have been victims of nuclear damage to be announced within three months of the publication, indicating the date of the damage and the place where they would have been injured, at The authority it designates.
2 The publication must indicate that failure to comply with the obligation to advertise does not result in the loss of the right to reparation, but may subsequently make it more difficult to establish that there is a connection between the Damage and the event.
1 Repealed by c. II 19 of Annex 1 to the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).
1 Repealed by c. 16 of the annex to the Law of 24 March 2000 on fors ( RO 2000 2355 ; FF 1999 2591 ).
1 Repealed by c. II 19 of Annex 1 to the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).
1 The court shall establish the facts of its own motion. It is not bound by the parties' conclusions. 1
2 If an action is directed against the responsible person, the private insurer or the confederation, the court gives the other two parties the opportunity to defend their interests in the proceedings.
1 New content according to the c. II 19 of Annex 1 to the Civil Procedure Code of 19 Dec. 2008, effective from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).
In fixing legal costs and costs, the judge may take into account the financial situation of the party that must bear them.
If it is necessary to provide that the judicial procedure will last for a certain period of time, the court may grant advances which in no way prejudice the final decision.
1 If it is necessary to provide that the financial means available to the responsible person, the private insurer and the Confederation are not sufficient to satisfy all the claims for compensation (grand claims), the Federal Assembly establishes a plan Compensation by a federal order of general scope, which is not subject to the referendum. This decree may remove the right of appeal of all public and private insurance institutions, as well as sickness insurance institutions, against the responsible person, s. 20 being reserved. If necessary, the Confederation may make additional contributions for damages not covered.
2 The decree sets out the general principles for the compensation of the injured, so as to ensure the fair distribution of all available means. It may derogate from the provisions of this Act.
3 The Federal Assembly may appoint an independent, special authority to enforce the compensation order. The decisions of that authority must be subject to appeal to the Federal Court.
4 The Federal Council is taking the necessary preparatory measures.
1 Where a major disaster results in a state of distress, the Federal Council shall have the power to make requirements in the field of private insurance:
2 This jurisdiction does not extend to civil liability insurance that must be contracted under s. 11, 12 and 18. The Federal Council is authorized to take similar measures in the field of social insurance and public insurance.
1 A person who wilfully has violated the obligation to secure or establish reserves shall be liable to imprisonment and a fine of up to 100 000 francs.
2 If the guilty person has acted negligently, he shall be punished by imprisonment for up to one year or a fine of up to 20,000 francs.
The person who, intentionally or negligently, has contravened this Act, its implementing provisions or a decision of the authority on the basis of those provisions, shall be punished by judgments or the fine up to 20 000 francs.
For nuclear-related damage occurring abroad, which affect persons domiciled abroad and the operator of a nuclear facility located in Switzerland or the holder of a transport authorization granted by the Switzerland, reparations are due under this Law to the extent that the foreign State provides for at least equivalent treatment with regard to Switzerland. The maximum coverage must then not be less than 50 million francs, even if the foreign state foresees a lower limit on civil liability.
The Federal Council shall be responsible for the implementation of this Law.
1 Where nuclear damage has occurred prior to the entry into force of this Law but has been known only after its entry into force, the Confederation shall reply, in accordance with the provisions of the new law and in place of the The person responsible, to the extent that the person is not required to repair them under the previous legislation.
2 The wealth of the fund for deferred atomic damage (art. 19 of the LF of 23 Dec. 1959 1 On the peaceful use of atomic energy and the protection against radiation) is transferred to the fund for nuclear damage created under Art. 15 of this Act.
1 [RO 1960 585, 1983 1886 art. 36 hp. 2, 1987 544, 1993 901 Annex c. 9, 1994 1933 art. 48 hp. 1, 1995 4954, 2002 3673 Art. 17 hp. 3, 2004 3503 Annex, c. 4. RO 2004 4719 Annex, c. I 1].
1 This Act is subject to an optional referendum.
2 The Federal Council shall determine the entry into force.
Date of entry into force: 1 Er January 1984 5
1 [RS 1 3; RO 1957 1041). At the same time, the provision referred to corresponds to s. 90 and 118, para. 2, let. C, of the Constitution of 18 April 1999 (RS 101 ).
2 New content according to the c. 3 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
3 FF 1980 I 172
4 From 1 Er Jan 2007, the penalties and limitation periods must be adjusted according to the art conversion key. 333 al. 2-6 of the Penal Code (RS 311.0 ), in the contents of the PMQ of Dec 13. 2002 ( RO 2006 3459 ).
5 ACF of Dec 5. 1983
