Convention on Third Party Liability in the field of Nuclear Energy:Article 6

Convention on Third Party Liability in the field of Nuclear Energy

Article 6

Geldend

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(a)

The right to compensation for nuclear damage caused by a nuclear incident may be exercised only against an operator liable for the nuclear damage in accordance with this Convention, or, if a direct right of action against the insurer or other financial guarantor furnishing the security required pursuant to Article 10 is given by national law, against the insurer or other financial guarantor.

(b)

Except as otherwise provided in this Article, no other person shall be liable for nuclear damage caused by a nuclear incident, but this provision shall not affect the application of any international agreement in the field of transport in force or open for signature, ratification or accession at the date of this Convention.

c)

(i)

Nothing in this Convention shall affect the liability:

1.

of any individual for nuclear damage caused by a nuclear incident for which the operator, by virtue of Article 3 a) or Article 9, is not liable under this Convention and which results from an act or omission of that individual done with intent to cause damage;

2.

of a person duly authorised to operate a reactor comprised in a means of transport for nuclear damage caused by a nuclear incident when an operator is not liable for such damage pursuant to Article 4a)(iii) or b)(iii).

(ii)

The operator shall incur no liability outside this Convention for nuclear damage caused by a nuclear incident.

(d)

Any person who has paid compensation in respect of nuclear damage caused by a nuclear incident under any international agreement referred to in paragraph (b) of this Article or under any legislation of a non-Contracting State shall, up to the amount which he has paid, acquire by subrogation the rights under this Convention of the person suffering nuclear damage whom he has so compensated.

e)

If the operator proves that the nuclear damage resulted wholly or partly either from the gross negligence of the person suffering the damage or from an act or omission of such person done with intent to cause damage, the competent court may, if national law so provides, relieve the operator wholly or partly from his obligation to pay compensation in respect of the damage suffered by such person.

(f)

The operator shall have a right of recourse only:

(i)

if the nuclear damage caused by a nuclear incident results from an act or omission done with intent to cause nuclear damage, against the individual acting or omitting to act with such intent;

(ii)

if and to the extent that it is so provided expressly by contract.

g)

If the operator has a right of recourse to any extent pursuant to paragraph f) of this Article against any person, that person shall not, to that extent, have a right against the operator under paragraph d) of this Article.

(h)

Where provisions of national or public health insurance, social security, workers compensation or occupational disease compensation systems include compensation for nuclear damage caused by a nuclear incident, rights of beneficiaries of such systems and rights of recourse by virtue of such systems shall be determined by the law of the Contracting Party or by the regulations of the inter-Governmental organisation which has established such systems.

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