1. Civil liability system in the Republic of Latvia

2. Most important legal acts concerning liability Civil law Civil law Law on railway Law on railway Law on aviation Law on aviation Law on road transport Law on road transport Maritime code Maritime code Law on environmental protection Law on environmental protection Law on waste management Law on waste management

3. Liable persons (I) In the case of an accident during transboundary movement of hazardous waste, liable are In the case of an accident during transboundary movement of hazardous waste, liable are 1) carrier 2) consignor (generator or owner of waste) 3) consignee (receiver of waste) from the moment when he has received waste

4. Liable persons (II) The main liability is focused on the carrier. No liability shall attach to carrier if it proves that the damage was the result of: The main liability is focused on the carrier. No liability shall attach to carrier if it proves that the damage was the result of: Act of God; Act of God; Consignor fault, if he had not fulfilled the duties determined by the legal acts; Consignor fault, if he had not fulfilled the duties determined by the legal acts; Consignor gave the incorrect information about hazardous waste. Consignor gave the incorrect information about hazardous waste. There are the differences depending from the mean of transport. There are the differences depending from the mean of transport.

5. Shipment by plane The carrier is liable for all damage caused by the transportation of hazardous waste. The carrier is liable for all damage caused by the transportation of hazardous waste. Exceptions, if carrier proves that: Exceptions, if carrier proves that: - he has taken all necessary measures to exclude damage or there was no possibility to take such measures. - damage was the result of the wrongful intentional conduct of the person who suffered the damage.

6. Shipment by railway The carrier is liable for damage caused by the transportation of hazardous waste. The carrier is liable for damage caused by the transportation of hazardous waste. Exception: Exception: - carrier prove that the fault of consignor has caused the damages. - carrier prove that the fault of consignee has caused the damages.

7. Shipment by car Carrier is liable for damages caused, if he doesnt fulfil the requirements of legal acts or contract. Carrier is liable for damages caused, if he doesnt fulfil the requirements of legal acts or contract. Consigner is liable for damages caused, if he doesnt fulfil the requirements of legal acts or contract, and if hasnt gave the correct information about hazardous waste. Consigner is liable for damages caused, if he doesnt fulfil the requirements of legal acts or contract, and if hasnt gave the correct information about hazardous waste.

8. Shipment by ship The carrier is liable for damage caused by the transportation of hazardous waste. The carrier is liable for damage caused by the transportation of hazardous waste. The consignor is liable, if he has gave incomplete or incorrect data about waste or in other way has not fulfilled the requirements of legal acts. The consignor is liable, if he has gave incomplete or incorrect data about waste or in other way has not fulfilled the requirements of legal acts.

9. Type of damage Loss of life Loss of life Personal injury Personal injury Loss of or damage to property Loss of or damage to property Loss of income Loss of income Damage to the environment (costs of preventive measures, measures of reinstatement of the impaired environment, costs of monitoring) Damage to the environment (costs of preventive measures, measures of reinstatement of the impaired environment, costs of monitoring)

10. Enforcement of liability Persons, who have right to bring an action before court: Persons, who have right to bring an action before court: - person, who suffer from personal injury or damage to property; - State environmental service, prosecutor and non-governmental organizations in the case of environmental damage.

11. Nature of liability Carrier, consignor (owner, possessor) and consignee of hazardous waste has strict liable: Carrier, consignor (owner, possessor) and consignee of hazardous waste has strict liable: - but only concerning personal injury and loss of life. - there are the draft law on environmental protection, where the strict liability concerning environmental damages is planned. Others persons have fault based liability. Others persons have fault based liability.

12. Time limits to the liability Time limit to bring action: Time limit to bring action: - concerning personal injury, damage to property, loss of income – 10 years after the incident occurred. - concerning environmental damage – no time limit (draft law – 5 years).

13. Financial limits to the liability National legislation doesnt determine the financial limits to the liability on damage caused by waste transboundary movement. National legislation doesnt determine the financial limits to the liability on damage caused by waste transboundary movement. There are norms which gave the possibility to owner of ship to limit the liability concerning all kind of movements by vessel. There are norms which gave the possibility to owner of ship to limit the liability concerning all kind of movements by vessel. The international treaties on movement of hazardous cargo could be used. The international treaties on movement of hazardous cargo could be used.

14. Insurance Voluntary insurance Voluntary insurance Mandatory insurance: Mandatory insurance: - Civil liability of carrier for the damages caused by incident on road; - Civil liability of owner of hazardous cargo, if he initiates the transportation by road in the territory of Latvia; - Civil liability of owner or user of plane.