Civil liability for nuclear damage will apply to radioactive sources

June 02 , 2023 // Legal Reforms and Debate : Environmental liability

Published in INESE

Another novelty that this legislative modification brings with it is the geographical scope of the operator's liability in the event of an accident that occurred during the transport of nuclear substances carried out between Spanish territory and the territory of a country that is not a contracting party to it.

Regarding the payment of compensation, the rule of the limit of liability required of the operator is applied to include the distribution of public, national and international funds, if necessary. In addition, the moment in which the State would have to arbitrate additional legal means to deal with compensation in the event that the liability of the operator was not sufficient to meet them has been corrected.

Right of repetition
Likewise, a provision relating to the role of the Nuclear Safety Council is introduced in the liability claim procedure for nuclear damage and an unlimited liability regime is established for damage caused by radioactive materials that are not nuclear substances, extending this regime to nuclear facilities that handle radioactive materials.

Finally, the right to recourse to compensation paid for damages caused by radioactive facilities is recognised, and Article 38 of the Regulations on Nuclear Risk Coverage is repealed, in such a way that several facilities may be considered as a single nuclear facility. nuclear plants that have the same operator and are located on the same site, which will favor certain facilities.