Basel Protocol Civil Liability

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Basel ProtocolCivil Liability

• Mgr. Olga Trcková
• Ministry of Environment
• Slovak Republic
• Warsaw, 18 20 January 2006

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Civil law

• Civil Code
• Labour Code

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Civil Code (1)

• General liability is defined as follows
• Everyone is responsible for the damage caused by
  their law breaking
• The one who proves that they did not cause the
  damage, will be restrained from responsibility
• Everyone is responsible for the damage caused by
  their operations

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Civil Code (2)

• Responsibility for damage caused by the transport
  operation
• Personal and legal entities carrying out
  transportation are responsible for the damage
  caused by this operation

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Labour Code

• Legal relations between employee and employer
  focused on employee responsibility for the damage
  and indemnity

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Environmental law

• Law on Environment
• Law on the nature and landscape protection
• Law on integrated prevention and pollution
  control (IPPC)
• Regulation No. 259/1993

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Law on Environment

• - general obligations for environment protection
  and the liability for violation of these
  obligations
• Everyone is obliged to prevent pollution or
  damages on environment and minimize adverse
  consequences of their activities on the
  environment
• Everyone, who damages the environment, is obliged
  to restore of natural status of ecosystem or its
  part.

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Law on the nature and landscape protection

• General rights and obligations in the field of
  general nature and landscape protection
• Everyone is obliged to protect nature and
  landscape against endangerment and destroying
• Obligation for entrepreneurs
• Obligation to propose measurements to sustain
  system of ecological stability, if this system is
  endangered by the bussiness activity
• Obligation to apply measurements focused on
  prevention and reduction of endangerment and
  destroying at their own charge

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Law on integrated prevention and pollution
control (IPPC)

• Operator obligations
• obligation to apply measurements for damage
  prevention
• to apply corrective measurements in the case of
  damage
• to apply measurements for pollution reduction
• after the termination of the activities

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Regulation No. 259/1993 on the control and
supervision of shipment of waste

• obligation of notifier to take off the financial
  guarantee
• strict liability of persons involved (a notifier,
  an operator of disposal/recovery facility,)
• carrier is responsible for the safe transport,
  she/he has to fulfil international requirements
  for road or railway transport of dangerous goods
  (ADR, COTIF, RID)

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Enforcement of liability in Slovakia

• Slovak Environmental Inspection
• Ministry of Environment
• National Court of Justice

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Thank you for your attentiontrckova.olga_at_enviro.
gov.sk