Basel Protocol on Liability and Compensation Civil Liability

Basel Protocol on Liability and Compensation Civil Liability Magda Gosk Chief Inspectorate for Environmental Protection Division of Transboundary Movement of Waste Magda Gosk, Chief Inspectorate for Environmental Protection, Poland

1. Liability for damage caused according to domestic legislation u 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. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 2

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). u Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 3

3. Agency relevant for enforcement of civil liability. u In Poland national courts are considered to be the relevant institution for the enforcement of liability. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 4

4. The nature of liability 1/2. u Council Regulation No 259/93 on supervision and control of shipments of waste within, into and out of the European Community. u 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. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 5

4. The nature of liability 2/2 u 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. u The system of financial guarantees introduced in Council Regulation No 259/93 is strict based. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 6

5. Time limits to the liability 1/2. u 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. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 7

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. u Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 8

6. Financial limits to the liability. There are no minimum or maximum financial limits to the liability. u 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. u Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 9

7. Existing insurance coverage. u The existing commercial insurances may cover certain damages contemplated by the Protocol e. g. personal injury, damage to property. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 10

8. Gaps in liability legislation. u No gaps in our liability legislation which could lead to cases where damage caused by accident remains uncovered have been identified so far. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 11

9. Regional or bilateral agreements. u Poland did not conclude any regional or bilateral agreements focusing specifically on liability for accidents during transboundary movement of waste. u Poland is a party to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) u As the consequence of Poland’s accession to the EU, Council Regulation No 259/93 on waste shipments became legally binding and provisions on financial guarantees came into force. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland 12

Thank you very much for your attention. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland