1.—The operator (explotador) of a nuclear installation (instalación nuclear) shall be liable for nuclear damage (daños nucleares) upon proof that such damage has been caused by a nuclear incident (accidente nuclear):
- a)in his nuclear installation (instalación nuclear); b) involving nuclear material (sustancias nucleares) coming from or originating in his nuclear installation (instalación nuclear), and occurring:
- i)before the operator (explotador) of another nuclear installation (instalación nuclear) has expressly assumed liability in writing by contract for nuclear incidents (accidentes nucleares) involving such nuclear material (sustancias nucleares); ii) in the absence of such express assumption, before the operator (explotador) of another nuclear installation (instalación nuclear) has taken charge of such nuclear material (sustancias nucleares); iii) before the person duly authorized to operate a nuclear reactor (reactor nuclear) with which a means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose, has taken charge of such nuclear material (sustancias nucleares) intended to be used in that reactor; iv) where such nuclear material (sustancias nucleares) has been sent to a person within the territory of a non-Contracting State, before such nuclear material (sustancias nucleares) has been unloaded from the means of transport by which it arrived in the territory of that non-Contracting State; c) involving nuclear material (sustancias nucleares) sent to his nuclear installation (instalación nuclear), and occurring:
- i)after the operator (explotador) has expressly assumed liability in writing by contract for nuclear incidents (accidentes nucleares) involving such nuclear material (sustancias nucleares) from the operator (explotador) of another nuclear installation (instalación nuclear); ii) in the absence of such express assumption, after he has taken charge of such nuclear material (sustancias nucleares); iii) after he has taken charge of such nuclear material (sustancias nucleares) from a person operating a nuclear reactor (reactor nuclear) with which a means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; iv) where such nuclear material (sustancias nucleares) has been sent, with the written consent of the operator (explotador), by a person within the territory of a non-Contracting State, after it has been loaded on the means of transport by which it is to be carried from the territory of that State; provided that, if nuclear damage (daños nucleares) is caused by a nuclear incident (accidente nuclear) occurring in a nuclear installation (instalación nuclear) and involving nuclear material (sustancias nucleares) stored therein incidentally to the carriage of such material, the provisions of sub-paragraph (a) of this paragraph shall not apply where another operator (explotador) or person is solely liable pursuant to the provisions of sub-paragraphs (b) or (c) of this paragraph.
2.—The Installation State (Estado de la instalación) may provide by legislation that, in accordance with such terms as may be specified therein, a carrier of nuclear material (sustancias nucleares) or a person handling radioactive waste (desechos radiactivos) may, at his request and with the consent of the operator (explotador) concerned, be designated or recognized as operator (explotador) in the place of that operator (explotador) in respect of such nuclear material (sustancias nucleares) or radioactive waste (desechos radiactivos) respectively. In this case such carrier or such person shall be considered, for all the purposes of this Convention, as an operator (explotador) of a nuclear installation (instalación nuclear) situated within the territory of that State.
3.— a) Where liability for nuclear damage (daños nucleares) is incurred by more than one operator (explotador), the operators (explotadores) involved shall, in so far as the damage attributable to each operator (explotador) is not reasonably separable, be jointly and severally liable.
- b)Where a nuclear incident (accidente nuclear) occurs in the course of carriage of nuclear material (sustancias nucleares), either in one and the same means of transport, or, in the case of storage incidental to the carriage, in one and the same nuclear installation (instalación nuclear), and causes nuclear damage (daños nucleares) for which liability is incurred by more than one operator (explotador), the total liability shall not exceed the highest amount applicable with respect to any one of them pursuant to Article V.
- c)In neither of the cases referred to in sub-paragraphs (a) and (b) of this paragraph shall the liability of an operator (explotador) exceed the amount applicable with respect to him pursuant to Article V.
4.—Subject to the provisions of paragraph 3 of this Article, where several nuclear installations (instalaciones nucleares) of one and the same operator (explotador) are involved in one nuclear incident (accidente nuclear), such operator (explotador) shall be liable in respect of each such nuclear installation (instalación nuclear) up to the amount applicable with respect to him pursuant to Article V.
5.—Subject to the provisions of this Convention, no person other than the operator (explotador) shall be liable for nuclear damage (daños nucleares). This, however, shall not affect the application of any international agreement in the field of transport in force or open for signature, ratification or accession at the date on which this Convention is opened for signature.
6.—No person shall be liable for any loss or damage which is not nuclear damage (daños nucleares) pursuant to sub-paragraph (k) of paragraph 1 of Article I but which could have been determined as nuclear damage (daños nucleares) pursuant to sub-paragraph (k)(ii) thereof.
7.—Direct action shall lie against the person furnishing financial security pursuant to Article VII only if the law of the competent court (legislación del tribunal competente) so provides.