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Article 1

Article 1

 

1. The definitions contained in Article 2 of the Agreement shall apply to this Protocol as fully and effectively as if they were set forth in full herein.

2. For the purposes of this Protocol, the following terms shall have the following meanings:

 

nuclear incident:     Any occurrence or series of occurrences having
                        the same origin which causes nuclear damage.
nuclear damage:       (i) loss  of  life, any personal injury or any
                        loss  of,  or damage to, property which arises
                        out  of  or  results  from   the   radioactive
                        properties  or  a  combination  of radioactive
                        properties  with  toxic,  explosive  or  other
                        hazardous  properties  of   nuclear   fuel  or
                        radioactive  products  or  waste  in,   or  of
                        nuclear  material coming from, originating in,
                        or sent to, a nuclear installation;
                        (ii) any  other  loss  or damage so arising or
                        resulting if and to the extent that the law of
                        the competent court so provides; and
                        (iii) if  the  law  of  the State in which the
                        nuclear installation of the liable operator is
                        situated  so  provides,  loss  of   life,  any
                        personal  injury or any loss of, or damage to,
                        property  which  arises out of or results from
                        other  ionising radiation emitted by any other
                        source   of   radiation   inside   a   nuclear
                        installation.

3. For the purposes of this Protocol, whenever both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident, or jointly by a nuclear incident and one or more other occurrences, such other damage shall, to the extent that it is not reasonably separable from the nuclear damage, be deemed, for the purposes of this Protocol, to be nuclear damage caused by that nuclear incident.