Convention on Third Party Liability in the field of Nuclear Energy:Article 7

Convention on Third Party Liability in the field of Nuclear Energy

Article 7

Geldend

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a)

Each Contracting Party shall provide under its legislation that the liability of the operator in respect of nuclear damage caused by any one nuclear incident shall not be less than 700 million euro.

b)

Notwithstanding paragraph a) of this Article and Article 21c), any Contracting Party may,

(i)

having regard to the nature of the nuclear installation involved and to the likely consequences of a nuclear incident originating therefrom, establish a lower amount of liability for that installation, provided that in no event shall any amount so established be less than 70 million euro; and

(ii)

having regard to the nature of the nuclear substances involved and to the likely consequences of a nuclear incident originating therefrom, establish a lower amount of liability for the carriage of nuclear substances, provided that in no event shall any amount so established be less than 80 million euro.

provided that in no event shall any amounts so established be less than 5,000,000 Special Drawing Rights. The sums mentioned above may be converted into national currency in round figures.

c)

Compensation for nuclear damage caused to the means of transport on which the nuclear substances involved were at the time of the nuclear incident shall not have the effect of reducing the liability of the operator in respect of other nuclear damage to an amount less than either 80 million euro, or any higher amount established by the legislation of a Contracting Party.

d)

The amount of liability of operators of nuclear installations in the territory of a Contracting Party established in accordance with paragraph a) or b) of this Article or with Article 21c), as well as the provisions of any legislation of a Contracting Party pursuant to paragraph c) of this Article shall apply to the liability of such operators wherever the nuclear incident occurs.

e)

A Contracting Party may subject the transit of nuclear substances through its territory to the condition that the maximum amount of liability of the foreign operator concerned be increased, if it considers that such amount does not adequately cover the risks of a nuclear incident in the course of the transit, provided that the maximum amount thus increased shall not exceed the maximum amount of liability of operators of nuclear installations situated in its territory.

f)

The provisions of paragraph e) of this Article shall not apply:

(i)

to carriage by sea where, under international law, there is a right of entry in cases of urgent distress into the ports of such Contracting Party or a right of innocent passage through its territory; or

(ii)

to carriage by air where, by agreement or under international law, there is a right to fly over or land on the territory of such Contracting Party.

g)

In cases where the Convention is applicable to a non-Contracting State in accordance with Article 2 a) (iv), any Contracting Party may establish in respect of nuclear damage amounts of liability lower than the minimum amounts established under this Article or under Article 21 c) to the extent that such State does not afford reciprocal benefits of an equivalent amount.

h)

Any interest and costs awarded by a court in actions for compensation under this Convention shall not be considered to be compensation for the purposes of this Convention and shall be payable by the operator in addition to any sum for which he is liable in accordance with this Article.

i)

The sums mentioned in this Article may be converted into national currency in round figures.

j)

Each Contracting Party shall ensure that persons suffering damage may enforce their rights to compensation without having to bring separate proceedings according to the origin of the funds provided for such compensation.

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