Article 1

(a)

(i)

‘A nuclear incident’ means any occurrence or series of occurrences having the same origin which causes nuclear damage.

(ii)

‘Nuclear installation’ means reactors other than those comprised in any means of transport; factories for the manufacture or processing of nuclear substances; factories for the separation of isotopes of nuclear fuel; factories for the reprocessing of irradiated nuclear fuel; facilities for the storage of nuclear substances other than storage incidental to the carriage of such substances; installations for the disposal of nuclear substances; any such reactor, factory, facility or installation that is in the course of being decommissioned; and such other installations in which there are nuclear fuel or radioactive products or waste as the Steering Committee for Nuclear Energy of the Organisation (hereinafter referred to as the ‘Steering Committee’) shall from time to time determine; any Contracting Party may determine that two or more nuclear installations of one operator which are located on the same site shall, together with any other premises on that site where nuclear fuel or radioactive products or waste are held, be treated as a single nuclear installation.

(iii)

‘Nuclear fuel’ means fissionable material in the form of uranium metal, alloy, or chemical compound (including natural uranium), plutonium metal, alloy, or chemical compound, and such other fissionable material as the Steering Committee shall from time to time determine.

(iv)

‘Radioactive products or waste’ means any radioactive material produced in or made radioactive by exposure to the radiation incidental to the process of producing or utilizing nuclear fuel, but does not include (1) nuclear fuel, or (2) radioisotopes outside a nuclear installation which have reached the final stage of fabrication so as to be usable for any industrial, commercial, agricultural, medical, scientific or educational purpose.

(v)

‘Nuclear substances’ means nuclear fuel (other than natural uranium and other than depleted uranium) and radioactive products or waste.

(vi)

‘Operator’ in relation to a nuclear installation means the person designated or recognised by the competent public authority as the operator of that installation.

(vii)

‘Nuclear damage’ means,

1.

loss of life or personal injury;

2.

loss of or damage to property;

and each of the following to the extent determined by the law of the competent court,

3.

economic loss arising from loss or damage referred to in sub-paragraph 1 or 2 above insofar as not included in those sub-paragraphs, if incurred by a person entitled to claim in respect of such loss or damage;

4.

the costs of measures of reinstatement of impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken, and insofar as not included in sub-paragraph 2 above;

5.

loss of income deriving from a direct economic interest in any use or enjoyment of the environment, incurred as a result of a significant impairment of that environment, and insofar as not included in sub-paragraph 2 above;

6.

the costs of preventive measures, and further loss or damage caused by such measures,

in the case of sub-paragraphs 1 to 5 above, to the extent that the loss or damage arises out of or results from ionising radiation emitted by any source of radiation inside a nuclear installation, or emitted from nuclear fuel or radioactive products or waste in, or of nuclear substances coming from, originating in, or sent to, a nuclear installation, whether so arising from the radioactive properties of such matter, or from a combination of radioactive properties with toxic, explosive or other hazardous properties of such matter.

(viii)

‘Measures of reinstatement’ means any reasonable measures which have been approved by the competent authorities of the State where the measures were taken, and which aim to reinstate or restore damaged or destroyed components of the environment, or to introduce, where reasonable, the equivalent of these components into the environment. The legislation of the State where the nuclear damage is suffered shall determine who is entitled to take such measures;

(ix)

‘Preventive measures’ means any reasonable measures taken by any person after a nuclear incident or an event creating a grave and imminent threat of nuclear damage has occurred, to prevent or minimise nuclear damage referred to in sub-paragraphs a)(vii) 1 to 5, subject to any approval of the competent authorities required by the law of the State where the measures were taken.

(x)

‘Reasonable measures’ means measures which are found under the law of the competent court to be appropriate and proportionate, having regard to all the circumstances, for example:

1.

the nature and extent of the nuclear damage incurred or, in the case of preventive measures, the nature and extent of the risk of such damage;

2.

the extent to which, at the time they are taken, such measures are likely to be effective; an[lees: and];

3.

relevant scientific and technical expertise.

(b)