10 Brazil 4 In cases where operators have incurred liabilities, the federal government guarantees payment in compensation to victims of nuclear damage up to an amount of 1.5 million cruzeiros in readjustable bonds of the National Treasury. The government also will provide the needed supplementary funds when and if necessary. Compensation for damages caused to workers at a nuclear installation are governed by special statutes on labor accidents. The cited statute does not cover damages to the nuclear installations themselves, nor to goods or equipment used at the nuclear installations. There is a special chapter on the matter of criminal liability which provides penalties of imprisonment from two to ten years, depending on a variety of criminal circumstances. Statute of Limitations The right to claim compensation for nuclear damages under the statute of limitations exists for ten years counted from the date the nuclear accident took place. If the accident was caused by stolen, abandoned or lost materials, the statute of limitations will still run from the date of the accident but could not exceed twenty years from the date the material was reported stolen, lost or abandoned. Prepared by Rubens Medina 11 CANADA 1/ Under the Nuclear Liability Act, which was passed in 1970 but 2/ not brought into force until 1976, operators of nuclear installations are absolutely liable for injury or damage resulting from nuclear accidents and are required to carry $75 million of liability insurance issued by The Act provides for compensation by the approved private companies. government in the event of a major nuclear accident where the required accident occurring in Canada. Thus, the Nuclear Liability Act provides Rules relating to nuclear hazards are contained in the Atomic Energy Control Regulations. Updated by Stephen F. Clarke Legal Specialist American-British Law Division Law Library, Library of Congress : 1/ Can. Rev. Stat., ch. 29 (1st Supp. 1970) (See enclosed photocopy). 2, 1976 Stat. Inst., lo. 165. 3/ Cen. Cons. Regs., ch. 1240 (1978). Can. Cons. Regs., ch. 365 (1978) (See enclosed photocopy). 12 REPUBLIC OF CHINA (TAIWAN) The President of the Republic of China promulgated the Law on Compensation for Nuclear Damages on July 26, 1971.1 Chapter III of this law concerns the limitations on liability for damages due to nuclear accidents and required guarantees. For each nuclear accident, the amount of compensation is not to exceed 70,000,000 Taiwan dollars (approximately $1,750,000), exclusive of interest and litigation expenses (Article 23). Operators of nuclear enterprises must obtain enough insurance or have financial guarantees to cover possible liability. The amount of such insurance or guarantees required for each enterprise shall be determined by the agencies in charge (Article 24). ་ Compensation must be paid for nuclear accidents regardless of whether they were deliberately caused or the result of negligence. If, however, the accident is a direct result of international armed conflict or hostilities, civil disorder, mob riot, or natural calamity, then the enterprise involved is not liable (Article 17). The Court may reduce or waive compensation if the injured person's own actions caused the damages. Prepared by Dr. Tao-tai Hsia 1/ Tsui-hsin shih-yung chung-yang fa-kuei hui-pien [Most Recent Practical Compilation of Central Laws and Regulations] 6640-6642 (Yeh Ch'ien-chao, ed., Taipei, Yen Ming Publishers Ltd., 1973). 13 FRANCE French Law No. 68-943 of October 30, 1968, provides for civil liability in the field of nuclear energy. 1/ The maximum amount of damages which may result from an installation designed for peaceful usage for the same accident is fifty million francs, whatever the number of installations in the same site. 2/ Any owner of a nuclear plant must have insurance to cover this amount. If the liability is higher, the victims are indemnified by the government according to the conditions and limits determined by the Convention of Brussels of January 31, 1963. 3/ As to a liability for damages incurred through an accident at an installation created for military purposes, the amount awarded to the victims is granted by the government. The amount of indemnification cannot exceed 600 million francs per accident. 4/ The same amount, through insurance, must be available when nuclear substances are transported through the national territory. 5/ Prepared by Dr. M. Tahar Ahmedouamar European Law Division Law Library, Library of Congress 1/ Journal officiel, October 31, 1963, P. 10195. 2/ Id. 3/ Nuclear Energy Agency, Organisation for Economic Cooperation and Development, Nuclear Legislation; Analytical Study [of] Nuclear Third Party Liability 14 (Paris, 1977). 4/ Id. 5 Id. 14 FEDERAL REPUBLIC OF GERMANY In 1975, the Federal Republic of Germany ratified the Paris Conven- 1. No-fault liability of the operator of the nuclear installation 2. No exclusion of liability for force majeure or war (in con- 1/ For citations and descriptions of these conventions, see Organisation for Economic Cooperation and Development, Nuclear Third Party Liability 11-16 (Paris, 1977), included as Appendix I to the report on Sweden. (See Appendix 2/ Promulgation of February 5, 1976, Bundesgesetzblatt [BGB1., official law gazette of the Federal Republic of Germany] II, p. 317. 3/ Secs. 13, 14, and 25 through 40, Atomgesetz in der Fassung der Bekannt- |