Who pays for damage from nuclear and radioactive accidents

Automatic summary, not yet reviewed

1. The law establishes that the operator of a nuclear installation is liable for nuclear damage even without intent or fault, with a liability limit of 1.2 billion euros for damage in States party to the Paris and Brussels Conventions, and 700 million euros in the other cases covered.
2. If the operator's liability is not enough to cover compensation, the State must arrange systems to pay up to 700 or 1.2 billion euros, and amounts above 1.2 billion, up to 1.5 billion, are paid from public funds of the States party to the Brussels Convention.
3. Every operator of a nuclear installation must set up financial security equal to its liability: through an insurance policy, another authorized financial guarantee, a combination of both, or by freezing its own funds. The electricity system can cover uninsurable damage in exchange for a premium.
4. Compensation payments follow an order: first personal injury claims filed within the first three years, then restoration of the damaged environment and preventive measures, then damage to property and economic losses, and finally claims filed after three years. If funds are not enough for personal injuries in Spain, the State steps in.
5. Claims for personal injury expire 30 years after the accident and other damage claims after 10 years; the action to demand compensation expires 3 years after the injured person learns of the damage and the liable operator.
6. The law also creates a regime for damage caused by radioactive materials that are not nuclear substances: operators are liable within Spanish territory, with minimum security amounts that vary with the material's activity (from exemption up to 2,400,000 euros), and environmental damage is governed by environmental liability law.

Who it affects

• Operators of nuclear and radioactive installations: They must answer for the damage and set up financial security in the amounts set by the law.
• Victims of nuclear or radioactive accidents: They have 30 years to claim for personal injuries and 10 for other damage, with a payment order that prioritizes personal injuries.
• Companies transporting nuclear or radioactive materials: They can take over the operator's liability if the Administration authorizes it and they hold sufficient security.
• Public-sector bodies: They are exempt from setting up financial security, but must pay any compensation due.
• The State: It must contribute public funds when compensation exceeds the operator's liability.

Words worth knowing

Explotador (operator)

The person or company holding the license that allows it to run the installation.

Responsabilidad objetiva (strict liability)

The duty to pay for damage even when there was no fault or intent to cause it.

Garantía financiera (financial security)

Money or insurance set aside to pay compensation if an accident happens.

Derecho de repetición (right of recourse)

The right to claim back from another person money you paid for damage they caused.

Prelación (order of priority)

The ranking that decides which claims get paid before others.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries