SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 African Group 1

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Principle 16 of the Rio Declaration on Environment and Development stipulates that national authorities should endeavour to promote the internalisation of environmental costs and the use of economic instruments, taking into account the approach that the polluter should in principle bear the costs of pollution. According to this principle activities dangerous to the environment should only be permitted by the authorities when appropriate regulations 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 national law regarding liability and compensation for the victim of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.[ 2

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Domestic law on Liability 3

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 International law on Liability B A 4

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Convention Art. 12 Protocol 5

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 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 6

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Convention Protocol 7

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Cooperation 8

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 Cooperation 9

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 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; 10

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 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 guarantee A 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. 11

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 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 12

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional 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 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. 13 Article 14 para 1 of the Protocol The persons liable under Article 4 shall establish and maintain during the period of the time limit of liability, insurance bonds or other financial guarantees covering their liability under Article 4 of the Protocol for amounts not less than the minimum limits specified in paragraph 2 of Annex B.