Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency:artikel 10

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

Article 10 Claims and compensation

Geldend

Documentgegevens:

Geldend vanaf 26-02-1987

Bronpublicatie:: 26-09-1986, Trb. 1986, 126 (uitgifte: 21-10-1986, kamerstukken/regelingnummer: -)
Inwerkingtreding: 26-02-1987
Bronpublicatie inwerkingtreding:: 16-10-1991, Trb. 1991, 141 (uitgifte: 01-01-1991, kamerstukken/regelingnummer: -)
Vakgebied(en): Milieurecht / Bijzondere onderwerpen
Openbare orde en veiligheid / Rampenbestrijding
Internationaal publiekrecht / Bijzondere onderwerpen

1.

The States Parties shall closely cooperate in order to facilitate the settlement of legal proceedings and claims under this article.

2.

Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons, damage to or loss of property, or damage to the environment caused within its territory or other area under its jurisdiction or control in the course of providing the assistance requested:

(a)

not bring any legal proceedings against the assisting party or persons or other legal entities acting on its behalf;

(b)

assume responsibility for dealing with legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on its behalf;

(c)

hold the assisting party or persons or other legal entities acting on its behalf harmless in respect of legal proceedings referred to in sub-paragraph (b); and

(d)

compensate the assisting party or persons or other legal entities acting on its behalf for:

(i): death of or injury to personnel of the assisting party or persons acting on its behalf;
(ii): loss of or damage to non-consumable equipment or materials related to the assistance;

except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.

3.

This article shall not prevent compensation or indemnity available under any applicable international agreement or national law of any State.

4.

Nothing in this article shall require the requesting State to apply paragraph 2 in whole or in part to its nationals or permanent residents.

5.

When signing, ratifying, accepting or acceding to this Convention, a State may declare:

(a): that it does not consider itself bound in whole or in part by paragraph 2;
(b): that it will not apply paragraph 2 in whole or in part in cases of gross negligence by the individuals who caused the death, injury, loss or damage.

6.

A State Party which has made a declaration in accordance with paragraph 5 may at any time withdraw it by notification to the depositary.