SECTION I.
Introductory provisions


Heading I.
Definitions


Article 15.1.1. Translation not available

Heading II.
Scope


Article 15.1.2.

This title applies to environmental damage caused by any business activity of the type stated in appendix IV, or to the immediate threat that such damage will occur as the result of one of these business activities.

This title also applies to damage to protected species and natural habitats caused by any business activities other than those stated in appendix IV, as well as to the immediate threat that such damage will occur as the result of one of those other business activities, provided it can be demonstrated that the operator is at fault or was negligent.


Heading III.
Relationship to other law


Article 15.1.3. This title applies, without prejudice to more stringent provisions on a business activity that falls within the scope of this title.

Article 15.1.4. This title applies regardless of the prevailing legislation on liability, the laws governing access to the courts, and laws governing conflicts of jurisdiction.

Article 15.1.5. This title does not apply in cases of physical injury, damage to private property or economic loss, and therefore, does not entitle people to compensation for environmental damage or an immediate threat of such damage.

Heading IV.
Exceptions


Article 15.1.6.

1.

This title does not apply to environmental damage, or to the immediate threat that such damage will occur, as the result of:

  1. an act of war, hostilities, civil war or rebellion;
  2. a natural phenomenon that is exceptional, inescapable and unavoidable

2.

This title does not apply to activities designed chiefly to defend the country or ensure international security.

3.

This title does not apply to activities designed solely to offer protection against natural disasters.

4.

This title does not apply to:

  1. damage, caused by an emission, an event or an incident that took place before 30 April 2007;
  2. damage, caused by an emission, an event or an incident that took place on or after 30 April 2007, if the damage is the result of a specific activity that took place and ended before that date;
  3. damage, if it has been more than thirty years since the occurrence of the emission, event or incident that caused the damage.

5.

This title does not apply to nuclear risks or environmental damage, or to the immediate threat that such damage will occur, resulting from activities subject to the Treaty establishing the European Atomic Energy Community, or as the result of an incident or activity for which liability or compensation falls within the operating sphere of one of the following international conventions, including future amendments thereof:

  1. the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy, as well as the Brussels Convention of 31 January 1963 supplementary to the Paris Convention;
  2. the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage;
  3. the Convention on Supplementary Compensation for Nuclear Damage of 12 September 1997;
  4. the Joint Protocol of 21st September 1988 relating to the Application of the Vienna Convention and the Paris Convention;
  5. the Convention relating to Civil Liability in the field of maritime carriage of nuclear material (Brussels, 17 December 1971).

6.

This title does not apply to environmental damage, or to the immediate threat that such damage will occur, resulting from an incident in which liability and compensation falls within the operating sphere of one of the following international conventions, including future amendments thereof:

  1. the International Convention of 27 November 1992 on Civil Liability for oil pollution damage;
  2. the International Convention of 27th November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage.

7.

This title only applies to environmental damage, or to the immediate threat that such damage will occur, if it is the result of diffuse contamination, provided a causal link can be established between the damage and the activities of individual operators.