Basel Protocol on Liability and Compensation Civil Liability

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Basel Protocol on Liability and
CompensationCivil Liability

• Magda Gosk
• Chief Inspectorate for Environmental Protection
• Division of Transboundary Movement of Waste

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1. Liability for damage caused according to
domestic legislation

• In case of accident occurred during transboundary
  movement of waste,
• the recognized perpetrator of accident bears all
  liability for damage caused by the accident e.g
  in case of road transport it may be the carrier
  who caused the accident.

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2. Types of damage covered by domestic
legislation on civil liability

• As regards civil liability, Polish domestic
  legislation covers the following damages
• - personal injury,
• - loss of life,
• - damage to property,
• - damage to the environment (the treasury or
  regional authorities).

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3. Agency relevant for enforcement of civil
liability.

• In Poland national courts are considered to be
  the relevant institution for the enforcement of
  liability.

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4. The nature of liability 1/2.

• Council Regulation No 259/93 on supervision and
  control of shipments of waste within, into and
  out of the European Community.
• Council Regulation No 259/93 stipulates the scope
  of liability with regard to transport of waste as
  well as introduces provisions on financial
  guarantee or equivalent insurance.

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4. The nature of liability 2/2

• Financial guarantee or equivalent insurance
  should be established for all shipments covered
  by the Regulation in order to cover costs for
  transport and recovery/disposal of waste in case
  the shipment cannot be completed as intended or
  the shipment is considered illegal.
• The system of financial guarantees introduced in
  Council Regulation No 259/93 is strict based.

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5. Time limits to the liability 1/2.

• As regards financial guarantee established on the
  basis of Council Regulation No 259/93 it should
  be valid for the period on which notification has
  been done (max. 1 calendar year) plus 180 days
  foreseen in Regulation for recovery/disposal of
  waste.

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5. Time limits to the liability 2/2.

• As regards general provisions on civil liability
  any demand for compensation may be issued within
  3 years from the date the injured party acquired
  the knowledge about the damage.
• In every case the claim becomes outdated after 10
  years from the day the accident occured.

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6. Financial limits to the liability.

• There are no minimum or maximum financial limits
  to the liability.
• To calculate the amount of financial guarantee as
  referred to in Council Regulation No 259/93 the
  following method has been adopted
• Amount of financial guarantee cost of
  transport cost of recovery/disposal of
  notified waste.

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7. Existing insurance coverage.

• The existing commercial insurances may cover
  certain damages contemplated by the Protocol e.g.
  personal injury, damage to property.

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8. Gaps in liability legislation.

• No gaps in our liability legislation which could
  lead to cases where damage caused by accident
  remains uncovered have been identified so far.

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9. Regional or bilateral agreements.

• Poland did not conclude any regional or bilateral
  agreements focusing specifically on liability for
  accidents during transboundary movement of waste.
• Poland is a party to the European Agreement
  concerning the International Carriage of
  Dangerous Goods by Road (ADR)
• As the consequence of Polands accession to the
  EU, Council Regulation No 259/93 on waste
  shipments became legally binding and provisions
  on financial guarantees came into force.

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• Thank you very much for your attention.