foen swiss federal office for the environment regional workshop aimed at identifying the problems...
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FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
BA
1Transboundary movement under the Protocol
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Action caused under the scope ofthe protocol
Must have caused the damage
Limited liability
2
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
The limits of the liability The limits of the insurance
3
flexible fixed
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Determined by domestic law
Up to 5 tonnes : 1 million SDRUp to 25 tonnes : 2 million SDR
Up to 50 tonnes : 4 million SDR Up to 1000 tonnes : 6 million SDR
Up to 10’000 tonnes : 10 million SDR+additional 1000 SDR for each
additional tonne up to a maximum of30 million tonnes
2 Million SDR
4
For notifier……. For disposer
1 SDR = 1.2 EUR = 1.45 US$ = 4.5 Zloty
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Loss of life or personal injury
6
Damage to property
Loss of income directly deriving from a use of the
environment
Costs of reinstatement of theenvironment
Cost of preventive measures
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Loss of life or personal injury
7
Damage to property
Loss of income directly deriving from a use of the
environment
Costs of reinstatement of theenvironment
Cost of preventive measures
+
+
-
-
+
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Loss of life or personal injury
8
Damage to property
Loss of income directly deriving from a use of the
environment
Costs of reinstatement of theenvironment
Cost of preventive measures
+
+
-
-
+
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
Loss of life or personal injury
9
Damage to property
Loss of income directly deriving from a use of the
environment
Costs of reinstatement of theenvironment
Cost of preventive measures
+
+
-
-
+
1.5 Mill $
150‘000$
10%
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol
Warsaw, Poland , 18-20 January 2006
Financial Limits
10
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……Article 14/1 Protocol
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