Act No. 18 / 1997 Coll.
Law on the peaceful use of nuclear energy and ionising radiation (Atomic Law) and on the amendment and addition of certain laws
Valid
Law
Effective from 01.07.1997
18
THE LAW
of 24 January 1997
on the peaceful use of nuclear energy and ionising radiation (atomic law) and amending and supplementing certain laws
Parliament has decided on this law of the Czech Republic:
CIVIL LIABILITY FOR NUCLEAR TRADE
(1) For the purposes of civil liability for nuclear damage, the provisions of the international treaty, 26), which the Czech Republic is bound by, shall apply.
(2) The provisions of the Civil Code shall apply only if they do not provide for an international treaty (26) or otherwise.
(1) The holder of a permit for the operation of a nuclear installation (29) or of any activity linked to the use of a nuclear installation (30) is the operator (31) responsible for the nuclear installation (32) under an international agreement, 26) bound by the Czech Republic.
(2) Where one person holds a permit for multiple nuclear installations located in the territory for which a common internal emergency plan has been approved, those facilities shall be deemed to be one nuclear installation for the purposes of liability for nuclear damage. However, several nuclear installations to which different persons are authorised cannot be regarded as one nuclear installation in relation to liability for nuclear damage, even if they are directly linked.
(1) The provisions of the Civil Code shall apply when determining the extent and manner of compensation for nuclear damage. In order to determine the amount of damage, the provisions in force at the time of the occurrence of the nuclear event, 33) which caused the nuclear damage shall apply.
(2) The nuclear damage is also caused by the cost of the necessary measures to avert or reduce exposure or to restore the original or similar state of the environment, where such measures have been caused by a nuclear event and the nature of the damage makes this possible.
(3) The State Nuclear Safety Authority (hereinafter "the Authority") by decree sets limits on the concentration and quantity of nuclear material not covered by the provisions on nuclear damage in accordance with the International Treaty (34).
The liability of the authorisation holder for nuclear damage caused by each individual nuclear event shall be limited to:
(a) nuclear installations for energy purposes, 35) spent nuclear fuel storage and storage sites intended for such installations, or nuclear materials resulting from the processing of such fuel, for an amount of CZK 8 billion;
b) other nuclear installations and shipments for the amount of CZK 2 billion.
(1) The holder of an authorisation pursuant to Paragraph 33 is obliged to negotiate insurance of his or her obligation to compensate for nuclear damage with an insurer authorised under a special law, 36) unless another financial security is provided for in the event of a nuclear liability.
(2) The Ministry of Finance, in an agreement with the Office and the Ministry of Industry and Trade, provides, in the form of an exemption decision from paragraph 1, for the economic use of State resources for which the holder of the authorisation is required, instead of insurance, to provide for other financial collateral in the event of an obligation to compensate for nuclear damage.
(3) The insurance performance limit in cases under § 35 (a) must not be less than CZK 2 billion, in cases under § 35 (b) less than CZK 300 million.
(4) Insurance is concluded or other financial collateral is established separately for each nuclear installation or transport of nuclear materials within the meaning of Section 33 (2).
(5) The Ministry of Finance provides for closer conditions for other financial collateral.
(1) The State provides a guarantee for the satisfaction of the declared claims for compensation for nuclear damage if they are not covered by compulsory insurance or other fixed financial collateral, up to the amount of:
a) 8 billion CZK after the filling of the insurer in the range of 2 billion CZK in the case of equipment according to § 35 (a),
(b) CZK 2 billion after the insurer has exhausted the filling in the range of CZK 300 million in the case of equipment according to § 35 (b).
(2) The right of the State, as a guarantor, to penalty for the satisfaction of the declared claims for damages against the authorisation holder shall not be affected.
(1) The right to compensation for nuclear damage shall be barred if the right to reimbursement has not been exercised within three years of the date on which the injured party became aware of the event which led to the nuclear damage and of the person responsible for it or who may have been aware of it, but no later than 10 years from the date of the occurrence of the event; in the case of insurance, those periods begin to run one year from the date of the occurrence of the insurance claim.
(2) The holder of the authorisation shall, where a nuclear event occurs, be required to notify in writing, in an area affected by that event, according to the findings of the Authority, on the basis of the activities of the national radiation monitoring network, that he is obliged to make good the nuclear damage caused by that event. This written notification must be made publicly available to the authorisation holder and to the competent regional authority and to all municipal offices in this area.
ADAPTATION OF THE CZECH NATIONAL COUNCIL LAW No 586 / 1992 Sb., ON TAXES FROM REVENUE, IN RESPECT OF LATER RULES
Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., Act No. 96 / 1993 Coll., Act No. 157 / 1993 Coll., Act No. 196 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 85 / 1994 Coll., Act No. 114 / 1994 Coll., Act No. 259 / 1994 Coll., Act No. 32 / 1995 Coll., Act No. 87 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 248 / 1995 Coll., Act No. 316 / 1996 Coll., is added as follows:
In Paragraph 18 (2) (b), the dot is replaced by a comma and the following point (c) is inserted, including footnote 19e:
"(c) revenue from the own activity of the Radioactive Waste Storage Management (19e), with the exception of revenue subject to a special tax rate levied by withholding pursuant to § 36 of this Act.
19e) Paragraph 26 (8) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the amendment and addition of certain laws. "
PROVISIONS COMMON, TRANSITIONAL AND FINAL
Final provisions
They shall be deleted:
1. Act No. 287 / 1993 Coll., on the Jurisdiction of the State Office for Nuclear Safety, as amended by Act No. 85 / 1995 Coll.
2. Act No. 28 / 1984 Coll., on State supervision of nuclear safety of nuclear installations.
3. Decree of the Ministry of Health of the Czech Socialist Republic No. 59 / 1972 Coll., on the protection of health against ionizing radiation.
4. Decree of the Czechoslovak Atomic Energy Commission No. 28 / 1977 Coll., on the Registration and Control of Nuclear Materials, as amended by Decree No. 100 / 1989 Coll.
5. Decree of the Czechoslovak Atomic Energy Commission No. 67 / 1987 Coll., on Nuclear Safety in the Treatment of Radioactive Waste.
6. Decree of the Czechoslovak Atomic Energy Commission No. 100 / 1989 Coll., on the security protection of nuclear installations and nuclear materials.
7. Decree of the Czechoslovak Atomic Energy Commission No. 191 / 1989 Coll., laying down the method, time and conditions for verifying the specific professional competence of selected nuclear personnel.
8. Decree of the Czechoslovak Atomic Energy Commission No. 436 / 1990 Coll., on ensuring the quality of selected equipment in terms of nuclear safety of nuclear installations.
9. Decree of the Ministry of Health of the Czech Republic No. 76 / 1991 Coll., on requirements to limit radiation from radon and other natural radionuclides.
10. The proceeds of the Czechoslovak Atomic Energy Commission No. 2 / 1978 on Nuclear Safety in the Design, Authorisation and Implementation of Construction with Nuclear Energy Equipment (registered in the amount of 28 / 1978 Coll.).
11. The proceeds of the Czechoslovak Atomic Energy Commission No. 4 / 1979 on the general criteria for ensuring nuclear safety in the installation of buildings with nuclear power equipment (registered in the amount of 9 / 1979 Coll.).
12. The proceeds of the Czechoslovak Atomic Energy Commission No 6 / 1980 on the security of nuclear safety in the launch and operation of nuclear power equipment (registered in the amount of 13 / 1980 Coll.).
13. Proceeds of the Czechoslovak Atomic Energy Commission No 8 / 1981 on testing equipment for transporting and storing radioactive materials (registered in the amount of 20 / 1981 Coll.).
14. The proceeds of the Czechoslovak Atomic Energy Commission No 9 / 1985 on the nuclear safety of research nuclear installations (registered in the amount of 11 / 1985 Coll.).
This Law shall take effect on 1 July 1997, with the exception of Titles 4 and 5 and Section 48, which shall take effect on the date of its publication.
Zeman v. r.
Havel v. r.
Klaus v. r.
2b) § 11 of Act No. 22 / 1997 Coll., as amended.
3b) Act No. 164 / 2001 Coll., on Natural Medical Resources, Natural Mineral Water Resources, Natural Medical Spa and Spa Places and on the Change of Certain Related Laws (Spa Act).
26) The Vienna Convention on Civil Liability for Nuclear Damage and the Joint Protocol on Application of the Vienna Convention and the Paris Convention, published under No 133 / 1994 Coll.
27) Act No. 40 / 1964 Coll., as amended.
28) Paragraph 5 (2) of the ČNR Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and on certain other measures related thereto, as amended by Act No. 254 / 1994 Coll.
29) Article I (1) (j) of the Vienna Convention on Civil Liability for Nuclear Damage.
30) Article I (1) (h) of the Vienna Convention on Civil Liability for Nuclear Damage.
31) Article I (1) (c) of the Vienna Convention on Civil Liability for Nuclear Damage.
32) Article I (1) (k) of the Vienna Convention on Civil Liability for Nuclear Damage.
33) Article I (1) (l) of the Vienna Convention on Civil Liability for Nuclear Damage.
34) Article I (2) of the Vienna Convention on Civil Liability for Nuclear Damage.
35) Act No 222 / 1994 Coll.
36) Act No. 185 / 1991 Coll., on Insurance, as amended.
38a) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
38b) § 1 of Act No. 133 / 2000 Coll., as amended by Act No. 53 / 2004 Coll.
38c) Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended.
42) Article 81 of the Treaty establishing the European Atomic Energy Community.
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Regulation Information
| Citation | Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the Amendment and Addition of Certain Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.1997 |
|---|---|
| Effective from | 01.07.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Health and safety at work
Taxes
European law
European Community
Finance
International law
International public law
Civil law
Civil law substantive
Commercial law
Labour law
Industrial rights
Governance of the national economic sectors
Administrative law
State (official) control
Constitutional (state) law
Territorial Authority
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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