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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 B A 1 Transboundary movement under the Protocol

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Page 1: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

Page 2: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

Page 3: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

Page 4: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

Page 5: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

Page 6: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

+

+

-

-

+

Page 7: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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

+

+

-

-

+

Page 8: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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%

Page 9: FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European

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