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Switzerland
SBC
Countries of the Central And Eastern
European Region
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Principle 16 of the Rio Declaration on
Environment and Development stipulates
thatnational authorities should endeavour to
promote the internalisation of environmental
costs and the use of economic instruments, taking
into account the approach that the
pollutershould in principle bear the costs of
pollution. According to this principle
activities dangerous to the environment should
only be permitted by the authorities when
appropriate regulations on liability in
conjunction with a sufficient compulsory
insurance scheme are in place. Principle 13of
the Rio Declaration stipulates therefore that
States shall develop nationallaw regarding
liability and compensation for the victim of
pollution and otherenvironmental damage. States
shall also cooperate in an expeditious and more
determined manner to develop further
international law regarding liability
andcompensation for adverse effects of
environmental damage caused by activities
withintheir jurisdiction or control to areas
beyond their jurisdiction.
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Domestic law on Liability
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B
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International law on liability
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Convention Art. 12
Protocol
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Objectives of the Convention- Reduction of the
geneneration of hazardous wastes and other wastes
to a minimum in terms of quality and or
hazardous potential (minimisation)- Hazardous
wastes and other wastes should, as far as is
compatible with environmentally sound
management be disposed of in the state where
generated (avoidance)- Transboundary movements
of wastes from the states of their generation to
any other state should be permitted only when
conducted under conditions which do not endanger
human health and the environment, and under
conditions in conformity with provisions of the
Convention (environmentally sound movement).
Objectives of the Protocol Prevention and
Compensation in case of an incident or accident
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Protocol
Convention
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Cooperation
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Cooperation
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Article 12 of the Convention Consultations
on liabilityThe Parties shall co-operate with
a view to adopting, as soon as practicable, a
protocol setting out appropriate rules and
procedures in the field of liability and
compensation for damage resulting from the
transboundary movement and disposal of hazardous
wastes and other wastes
Article 15/5/b of the Convention Conference of
the Parties The COP shall consider and adopt
protocols as required
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Article 6/1 of the Convention Transboundary
Movements between Parties The state of export
shall notify, or shall require the generator or
exporter to notify in writing through the
channel of the competent authority of the State
of export, the competent authority of the States
concerned of any proposed transboundary movement
of hazardous wastes or other wastes.
Article 14/3 of the Protocol Insurance and
other financial guarantee A document reflecting
the coverage of the liability of the notifier
shall accompany the notification referred to in
Article 6 of the Convention. Proof of coverage of
the liability of the disposer shall be delivered
to the competent authorities of the State of
import.
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Article 2/1 of the Protocol The definition of
terms in the Convention will also apply to the
Protocol unless expressivly provided otherwise
in the Protocol
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Article 6 para 11 of the Convention Any
transboundary movement of hazardous wastes or
other wastes shall be covered by insurance, bond
or other guarantee as may be required by the
State of import or any State of transit which is
a Party.
Article 14 para 1 of the Protocol 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 for amounts not less than
the minimum limits specified in paragraph 2 of
Annex B.
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