Decreto n.º 17/2011 — Aprova o Protocolo para Emendar a Convenção sobre a Responsabilidade Civil no Domínio da Energia Nuclear de 29 de Julho…

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 21, c), 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.

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.

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

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

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.

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.

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

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.

The right of compensation under this Convention shall be subject to prescription or extinction if an action is not brought:

With respect to loss of life and personal injury, within thirty years from the date of the nuclear incident;

National legislation may, however, establish a period longer than that set out in subparagraph i) or ii) of paragraph a) of this article, if measures have been taken by the Contracting Party within whose territory the nuclear installation of the operator liable is situated to cover the liability of that operator in respect of any actions for compensation begun after the expiry of the period set out in subparagraph i) or ii) of paragraph a) of this article and during such longer period.

If, however, a longer period is established in accordance with paragraph b) of this article, an action for compensation brought within such period shall in no case affect the right of compensation under this Convention of any person who has brought an action against the operator:

Within a thirty year period in respect of personal injury or loss of life;

National legislation may establish a period of not less than three years for the prescription or extinction of rights of compensation under the Convention, determined from the date at which the person suffering nuclear damage had knowledge, or from the date at which that person ought reasonably to have known of both the nuclear damage and the operator liable, provided that the periods established pursuant to paragraphs a) and b) of this article shall not be exceeded.

Where the provisions of article 13, f), ii), are applicable, the right of compensation shall not, however, be subject to prescription or extinction if, within the time provided for in paragraphs a), b) and d) of this article:

Prior to the determination by the Tribunal referred to in article 17, an action has been brought before any of the courts from which the Tribunal can choose; if the Tribunal determines that the competent court is a court other than that before which such action has already been brought, it may fix a date by which such action has to be brought before the competent court so determined; or

Unless national law provides to the contrary, any person suffering nuclear damage caused by a nuclear incident who has brought an action for compensation within the period provided for in this article may amend his claim in respect of any aggravation of the nuclear damage after the expiry of such period, provided that final judgment has not been entered by the competent court.

To cover the liability under this Convention, the operator shall be required to have and maintain insurance or other financial security of the amount established pursuant to article 7, a), or 7, b), or article 21, c), and of such type and terms as the competent public authority shall specify.

Where the liability of the operator is not limited in amount, the Contracting Party within whose territory the nuclear installation of the liable operator is situated shall establish a limit upon the financial security of the operator liable, provided that any limit so established shall not be less than the amount referred to in article 7, a), or 7, b).

The Contracting Party within whose territory the nuclear installation of the liable operator is situated shall ensure the payment of claims for compensation for nuclear damage which have been established against the operator by providing the necessary funds to the extent that the insurance or other financial security is not available or sufficient to satisfy such claims, up to an amount not less than the amount referred to in article 7, a), or article 21, c).

No insurer or other financial guarantor shall suspend or cancel the insurance or other financial security provided for in paragraph a) or b) of this article without giving notice in writing of at least two months to the competent public authority or, in so far as such insurance or other financial security relates to the carriage of nuclear substances, during the period of the carriage in question.

The sums provided as insurance, reinsurance, or other financial security may be drawn upon only for compensation for nuclear damage caused by a nuclear incident.

Except as otherwise provided in this article, jurisdiction over actions under articles 3, 4 and 6, a), shall lie only with the courts of the Contracting Party in whose territory the nuclear incident occurred.

Where a nuclear incident occurs within the area of the exclusive economic zone of a Contracting Party or, if such a zone has not been established, in an area not exceeding the limits of an exclusive economic zone were one to be established, jurisdiction over actions concerning nuclear damage from that nuclear incident shall, for the purposes of this Convention, lie only with the courts of that Party, provided that the Contracting Party concerned has notified the Secretary-General of the Organisation of such area prior to the nuclear incident. Nothing in this paragraph shall be interpreted as permitting the exercise of jurisdiction or the delimitation of a maritime zone in a manner which is contrary to the international law of the sea.

Where a nuclear incident occurs outside the territory of the Contracting Parties, or where it occurs within an area in respect of which no notification has been given pursuant to paragraph b) of this article, or where the place of the nuclear incident cannot be determined with certainty, jurisdiction over such actions shall lie with the courts of the Contracting Party in whose territory the nuclear installation of the operator liable is situated.

Where a nuclear incident occurs in an area in respect of which the circumstances of article 17, d), apply, jurisdiction shall lie with the courts determined, at the request of a Contracting Party concerned, by the Tribunal referred to in article 17 as being the courts of that Contracting Party which is most closely related to and affected by the consequences of the incident.

The exercise of jurisdiction under this article as well as the notification of an area made pursuant to paragraph b) of this article shall not create any right or obligation or set a precedent with respect to the delimitation of maritime areas between States with opposite or adjacent coasts.

Where jurisdiction would lie with the courts of more than one Contracting Party by virtue of paragraph a), b) or c) of this article, jurisdiction shall lie:

If the nuclear incident occurred partly outside the territory of any Contracting Party and partly in the territory of a single Contracting Party, with the courts of that Contracting Party; and

The Contracting Party whose courts have jurisdiction shall ensure that in relation to actions for compensation of nuclear damage:

Any State may bring an action on behalf of persons who have suffered nuclear damage, who are nationals of that State or have their domicile or residence in its territory, and who have consented thereto; and

The Contracting Party whose courts have jurisdiction under this Convention shall ensure that only one of its courts shall be competent to rule on compensation for nuclear damage arising from any one nuclear incident, the criteria for such selection being determined by the national legislation of such Contracting Party.

Judgments entered by the competent court under this article after trial, or by default, shall, when they have become enforceable under the law applied by that court, become enforceable in the territory of any of the other Contracting Parties as soon as the formalities required by the Contracting Party concerned have been complied with. The merits of the case shall not be the subject of further proceedings. The foregoing provisions shall not apply to interim judgments.

If an action is brought against a Contracting Party under this Convention, such Contracting Party may not, except in respect of measures of execution, invoke any jurisdictional immunities before the court competent in accordance with this article.

This Convention shall be applied without any discrimination based upon nationality, domicile, or residence.

«National law» and «national legislation» mean the law or the national legislation of the court having jurisdiction under this Convention over claims arising out of a nuclear incident, excluding the rules on conflict of laws relating to such claims. That law or legislation shall apply to all matters both substantive and procedural not specifically governed by this Convention.

That law and legislation shall be applied without any discrimination based upon nationality, domicile, or residence.

Any Contracting Party may take such measures as it deems necessary to provide for an increase in the amount of compensation specified in this Convention.

In so far as compensation for nuclear damage is in excess of the 700 million euro referred to in article 7, a), any such measure in whatever form may be applied under conditions which may derogate from the provisions of this Convention.

In the event of a dispute arising between two or more Contracting Parties concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to settling the dispute by negotiation or other amicable means.

Where a dispute referred to in paragraph a) is not settled within six months from the date upon which such dispute is acknowledged to exist by any party thereto, the Contracting Parties shall meet in order to assist the parties to the dispute to reach a friendly settlement.

Where no resolution to the dispute has been reached within three months of the meeting referred to in paragraph b), the dispute shall, upon the request of any party thereto, be submitted to the European Nuclear Energy Tribunal established by the Convention of 20 December 1957 on the Establishment of a Security Control in the Field of Nuclear Energy.

Disputes concerning the delimitation of maritime boundaries are outside the scope of this Convention.

Reservations to one or more of the provisions of this Convention may be made at any time prior to ratification, acceptance or approval of, or accession to, this Convention or prior to the time of notification under article 23 in respect of any territory or territories mentioned in the notification, and shall be admissible only if the terms of these reservations have been expressly accepted by the Signatories.

Such acceptance shall not be required from a Signatory which has not itself ratified, accepted or approved this Convention within a period of twelve months after the date of notification to it of such reservation by the Secretary-General of the Organisation in accordance with article 24.

Any reservation admitted in accordance with this article may be withdrawn at any time by notification addressed to the Secretary-General of the Organisation.

This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Organisation.

This Convention shall come into force upon the deposit of instruments of ratification, acceptance or approval by not less than five of the Signatories. For each Signatory ratifying, accepting or approving thereafter, this Convention shall come into force upon the deposit of its instrument of ratification, acceptance or approval.

The Government of any Member or Associate country of the Organisation which is not a Signatory to this Convention may accede thereto by notification addressed to the Secretary-General of the Organisation.

The Government of any other country which is not a Signatory to this Convention may accede thereto by notification addressed to the Secretary-General of the Organisation and with the unanimous assent of the Contracting Parties. Such accession shall take effect from the date of such assent.

Notwithstanding article 7, a), where a Government which is not a Signatory to this Convention accedes to this Convention after 1 January 1999, it may provide under its legislation that the liability of an operator in respect of nuclear damage caused by any one nuclear incident may be limited, for a maximum period of five years from the date of the adoption of the Protocol of 12 February 2004 to amend this Convention, to a transitional amount of not less than 350 million euro in respect of a nuclear incident occurring within that period.

This Convention shall remain in effect for a period of ten years as from the date of its coming into force. Any Contracting Party may, by giving twelve months' notice to the Secretary-General of the Organisation, terminate the application of this Convention to itself at the end of the period of ten years.

This Convention shall, after the period of ten years, remain in force for a period of five years for such Contracting Parties as have not terminated its application in accordance with paragraph a) of this article, and thereafter for successive periods of five years for such Contracting Parties as have not terminated its application at the end of one of such periods of five years by giving twelve months' notice to that effect to the Secretary-General of the Organisation.

The Contracting Parties shall consult each other at the expiry of each five year period following the date upon which this Convention comes into force, upon all problems of common interest raised by the application of this Convention, and in particular, to consider whether increases in the liability and financial security amounts under this Convention are desirable.

A conference shall be convened by the Secretary-General of the Organisation in order to consider revisions to this Convention after a period of five years as from the date of its coming into force or, at any other time, at the request of a Contracting Party, within six months from the date of such request.

This Convention shall apply to the metropolitan territories of the Contracting Parties.

Any Signatory or Contracting Party may, at the time of signature, ratification, acceptance or approval of, or accession to, this Convention or at any later time, notify the Secretary-General of the Organisation that this Convention shall apply to those of its territories, including the territories for whose international relations it is responsible, to which this Convention is not applicable in accordance with paragraph a) of this article and which are mentioned in the notification. Any such notification may, in respect of any territory or territories mentioned therein, be withdrawn by giving twelve months' notice to that effect to the Secretary-General of the Organisation.

Any territories of a Contracting Party, including the territories for whose international relations it is responsible, to which this Convention does not apply shall be regarded for the purposes of this Convention as being a territory of a non-Contracting State.