40 SWITZERLAND Third party liability resulting from nuclear power plant operation is defined in the Ordinance of November 30, 1981. Pursuant to article 1 of this Ordinance, the amount of insurance for such a liability is limited to 300 million Swiss francs. Prepared by Miklos K. Radvanyi European Law Division Law Library, Library of Congress 7/1 Systematische Sammlung des Bundesrechts 732.44. 41 TURKEY Turkey is a party to the Convention on Third Party Liability in the Field of Nuclear Energy of 1960 which was ratified by Law No. 299 of May 8, 1961. 1/ According to the above-mentioned law and the Regulations for 2/ Licensing Procedure for Nuclear Institutions, required to be paid for damage caused by a nuclear incident can not exceed the amount equivalent to 15,000,000 European monetary agreement units of 3/ account. Prepared by Belma Bayar Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1984 1/ T.C. Resmi Gazete [Official Gazette of the Republic of Turkey, hereafter TUR OG), No. 10806 (May 13, 1961), p. 4081-4085. 2/ Article 7, id at 4082 and Article 7 of Decree 8/7405 of November 18, 1983 in TUR OG No. 18256 (December 18, 1983), p. 3. 3/ A European Monetary Agreement unit equivalent to approximately 8.85. SUBJECT: Industry-Protective Limitations on Liability in Federal This memorandum responds to your request for a listing of liability parallel to that in the Price-Anderson Act, namely, limitations on the dollar ceilings on fines/penalties limits on available government insurance/loan guarantees limits on government liability per agreement with private party limits on liability of credit card holders for unauthorized use 33 U.S.C. § 901 et seq. The Longshoremen's and Harbor Workers' Compensation Act governs the 33 U.S.C. § 1321 Liability Section 311 of the Clean Water Act bans the discharge of oil and - CRS-2 the greater of $125 per gross ton or $125,000, for the greater of $150 per gross ton or $250,000, for any other vessels $50 million for onshore and offshore facilities Similar liability limits are established for third parties. The President is permitted to set liability limits of less than $50 million for onshore and offshore facilities. Liability limits do not apply where the United States shows that the discharge was the result of "willful negligence or willful misconduct within the privity and knowledge of the owner. 33 U.S.C. § 1517 Section 18 of the Deepwater Port Act governs liability for oilspills in the vicinity of deepwater ports licensed under the Act. Liability of the discharger for oilspill damage and cleanup costs may not exceed the lesser of $150 per gross ton or $20 million, $50 million for deepwater port licensees - Liability limits do not apply if it can be shown that the discharge was the result of "gross negligence or willful misconduct within the privity and knowledge" of the vessel owner/operator or port licensee. 42 U.S.C. § 247b(k) To protect manufacturers of swine flu vaccine from liability for personal injury or death arising from administering the vaccine, other than that arising from the manufacturer's negligence or departure from contract terms, the United States agrees to stand in the shoes of the manufacturer for litigation purposes. The United States is thus to be liable under any applicable theory of state law negligence, strict liability, etc. 42 U.S.C. § 9607(c) - Section 107 (c) of the Comprehensive Environmental Response, Compensation and Liability Act is concerned with the liability of generators, transporters, and disposers of hazardous substances for cleanup costs and injury to certain natural resources. Such liability may not exceed the greater of $300 per gross ton or $5 million, for the greater of $300 per gross ton or $500,000, for any vessel other than those specified immediately above $50 million (or a lesser amount established by the President), for any motor vehicle, aircraft, pipeline, or rolling stock all costs of response plus $50 million for any natural resources Liability limits do not apply if the hazardous substance was released as the result of "willful misconduct or willful negligence," or a safety standard violation, "within the privity or knowledge" of the responsible person. The limits also do not apply where such person fails to cooperate with certain governmental cleanup activities. CRS-3 43 U.S.C. § 1653 Section 204 of the Trans-Alaska Pipeline (TAP) Authorization Act stipulates that the liability of the pipeline right-of-way holder to injured parties is limited to $50 million of strict liability, further liability to be established under ordinary rules of negligence. Similarly, the liability of a vessel carrying TAP oil for injuries and cleanup costs is capped at $14 million of strict liability. (The TAP Fund covers the next $86 million of damage awards, also with strict liability. Beyond this amount, claims are to be litigated under other federal or state law.) 43 U.S.C. § 1814(b) Section 304(b) of the Outer Continental Shelf Lands Act Amendments of 1978 addresses liability for oilspill-related injury in connection with offshore facilities and vessels transporting oil from those facilities. may not exceed Such liability the greater of $300 per gross ton or $250,000, for a vessel to $35 million for all damages" Liability limits do not apply when the incident "is caused primarily by willful misconduct or gross negligence," or a safety standard violation, "within the privity or knowledge or the owner or operator." The liability limit for vessels also does not apply when the owner/operator fails to cooperate with federal cleanup efforts. 46 U.S.C. §§ 181-196 The Limitation of Liability Act of 1851 provides that a vessel owner's liability for any loss of cargo on board, damage by collision, or any other loss or damage shall not exceed "the amount or value of the interest of such owner in such vessel, and her freight then pending." The liability limit does not apply where the acts or omissions causing the loss or damage are within "the privity or knowledge" of the vessel owner. Warsaw Convention This treaty, as supplemented by the "Montreal Agreement" (CAB Agreement 18900, approved by Order E-23680, May 13, 1966), limits the liability of air carriers on international flights to $75,000 per passenger in cases of passenger injury or death. It also sets forth liability limits for baggage and cargo. The liability limit does not apply where the carrier fails to post notice of it, or where there is willful misconduct. The key distinction between the liability limitation in the PriceAnderson Act and those in the listed statutes is the absence of any exception to the limitation in Price-Anderson. Most other federal statutes strip a defendant of the liability-limitation shield under certain conditions, typically where there is willful misconduct, gross negligence, or the like. By contrast, |