Warsaw, Poland

1
BASEL CONVENTION REGIONAL CENTRE BRATISLAVA,
SLOVAK REPUBLIC

• Difficulties in ratifying the Basel Protocol in
  the CEE Region

2
Basel Protocol

• The main objective of the Basel Protocol
• Provide a framework regime for liability and for
  adequate and prompt compensation for damage
  resulting from transboundary movement of HW and
  their disposal, incl. Illegal traffic
• The Parties shall adopt legislative and
  administrative measures to implement BC,
  including the financial limits of liability.

3
Necessary Measures

• To became the Party to the Basel Protocol the
  following measures have to be adopted
• Extend the existing obligations to compensate for
  damage to life, health and property by new
  obligations to compensate the damage in relation
  to
• Loss of income directly deriving from an economic
  interest in any use of the environment
• The cost of the measures of reinstatement of the
  impaired environment
• The costs of preventive measures taken in
  response to an incident to prevent, minimise or
  mitigate loss or damage

4
EU - Environmental Liability

• Directive 2004/35/CE of the European Parliament
  and of the Council on environmental liability
  with regard to the prevention and remedying of
  environmental damage has been effective.
• Pursuant to Article 19
• Member States shall bring into force the laws,
  regulations and administrative provisions
  necessary to comply with this Directive by April
  2007. They shall forthwith inform the Commission
  thereof.
• Less demanding than the Basel Protocol

5
Protocol Ratification - Current Status

• 1. Steps taken to ratify the Protocol
• some countries have not started necessary
  activities
• some countries have taken the first step -
  established a working group

6
Protocol Ratification - Current Status

• 2. Ratification process of international
  agreements
• The first step is to be initiated by the Ministry
  of Environment
• Next step Negotiation among other relevant
  institutions
• Ministries of Foreign Affairs, Finance and
  Justice
• Final Step Ratification by the National
  Parliament

7
Protocol Ratification - Current Status

• 3. Other requirements for ratification - not done
  yet
• national legal system should require it
• cost benefit analysis should be completed
• assessment of the institutional capacities for
  the implementation should be made

8
Protocol Ratification - Current Status

• 4. Difficulties with ratification
• lack of personal capacities
• lack of financial sources of producers, exporters
  and stakeholders
• lack of financial sources of insurance companies

9
Protocol Ratification - Current Status

• 5. How to remove obstacles
• strengthen competent institutions
• improve co-operation and co-ordination among
  relevant institutions
• re-evaluate the limits of liability specified by
  the Protocol in relation to the requirements of
  the Directive 2004/35/EC on environmental
  liability with regard to the prevention and
  remedy of environmental damage

10
Protocol Ratification - Current Status

• 6. How can SBC facilitate the ratification
• assist in removing obstacles

11
Positives

• Financial responsibility for damages caused by TM
  is clearly defined
• Obligation to compensate for environmental
  damages
• Funds available in case of environmental damage
• Decrease of TM of HW

12
Negatives

• Necessity to change legislation
• Negative impact on recovery of wastes
• Transport cost increase
• Insurance companies not ready to compensate for
  environmental damages