SAEFLSwiss Agency for the Environment, Forests and Landscape Regional Workshop aimed at Promoting Ratification of the Basel Protocol on Liability Addis

SAEFL Swiss Agency for the Environment, Forests and LandscapeRegional Workshop aimed at Promoting Ratification of the Basel Protocol on Liability Addis Ababa, Ethiopia , 30 August to 2 September 2004

Relation between the Convention and the Protocol

SBC

Switzerland

AfricanGroup

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Principle 16 of the Rio Declaration on Environment and Development stipulates thatnational authorities should endeavour to promote the internalisation of environmental costsand the use of economic instruments, taking into account the approach that the pollutershould in principle bear the costs of pollution. According to this principle activitiesdangerous to the environment should only be permitted by the authorities when appropriateregulations on liability in conjunction with a sufficient compulsory insurance scheme are in place.

Principle 13[of the Rio Declaration stipulates therefore that States shall develop nationallaw regarding liability and compensation for the victim of pollution and otherenvironmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability andcompensation for adverse effects of environmental damage caused by activities withintheir jurisdiction or control to areas beyond their jurisdiction.

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Domestic law on Liability

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International law on Liability

BA

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Convention Art. 12

Protocol

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Objectives of the Convention:

- Reduction of the geneneration of hazardous wastes and other wastes to a minimum in terms of quality and or hazardous potential (minimisation);

- Hazardous wastes and other wastes should, as far as is compatible with environmentally sound management be disposed of in the state where generated (avoidance);

- Transboundary movements of wastes from the states of their generation to any other state should be permitted only when conducted under conditions which do not endanger human health and the environment, and under conditions in conformity with provisions of the Convention (environmentally sound movement).

Objectives of the Protocol:

Prevention and Compensation in case of an incident or accident

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Convention

Protocol

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Cooperation

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Cooperation

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Article 12 of the Convention: Consultations on Liability

„The Parties shall co-operate with a view to adopting, as soon as practicable, a protocol setting out appropriate rules and procedures in the field of liability and compensation for

damage resulting from the transboundary movement and disposal of hazardous wastes and other wastes“

Article 15/5/b of the Convention: Conference of the Parties

The COP shall consider and adopt protocols as required;

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Article 6/1 of the Convention: Transboundary Movements between Parties

The state of export shall notify, or shall require the generator or exporter to notify in writing through the channel of the competent authority of the State of export, the competent

authority of the States concerned of any proposed transboundary movement of hazardous wastes or other wastes.

Article 14/3 of the Protocol : Insurance and other financial guaranteeA document reflecting the coverage of the liability of the notifier shall accompany the notification

referred to in Article 6 of the Convention. Proof of coverage of the liability of the disposer shall be delivered to the competent authorities of the State of import.

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Article 2/1 of the Protocol

The definition of terms in the Convention will also apply to the Protocol unless expressivly provided otherwise in the Protocol

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Article 6 para 11 of the Convention

Any transboundary movement of hazardous wastes or other wastes shall be covered by insurance, bond or other guarantee as may be required by the State of import or any State of transit which is a Party.

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Article 14 para 1 of the Protocol

The persons liable under Article 4 shall establish and maintain during the periodof the time limit of liability, insurance bonds or other financial guaranteescovering their liability under Article 4 of the Protocol for amounts not less than theminimum limits specified in paragraph 2 of Annex B.

Documents

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional Workshop aimed at Promoting Ratification of the Basel Protocol on Liability Addis