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Basel Protocol on Liability and Compensation Financial Limits And Insurance. Magda Gosk Chief Inspectorate for Environmental Protection Division of Transboundary Movement of Waste. 1. Minimum limits on liability 1/2.
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Basel Protocol on Liability and CompensationFinancial Limits And Insurance. Magda Gosk Chief Inspectorate for Environmental Protection Division of Transboundary Movement of Waste
1. Minimum limits on liability 1/2 • System of financial guarantees established under Council Regulation No 259/93 does not specify minimum or maximum limits of the amount of guarantee. • Decision on method of calculation of the guarantee has been left to each Member State. • Poland has adopted the following system: Amount of financial guarantee = cost of transport + cost of recovery/disposal of notified waste. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland
1. Minimum limits on liability 2/2 • In most cases the amount of guarantee calculated according to Polish method is lower than minimum limits specified in paragraph 2 of Annex B to the Protocol but is regarded as sufficient. • The scope of liability stipulated in Council Regulation No 259/93 is different from the Protocol. • Financial limits specified in paragraph 2 of Annex B of the Protocol could be considered too high for entrepreneurs in Poland. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland
2. Establishing financial limits on higher level. • Poland does not recognize the need to establish financial limits on higher level than it was specified in paragraph 2 of Annex B of the Protocol. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland
3. Insurance solutions to cover the liability as specified in Protocol. There are no insurance solutions available to cover liability specified in paragraph 2 of Annex B of the Protocol. • System of financial guarantees has been established under Council Regulation No 259/93. The financial guarantee is applied to all shipments which are covered by the Regulation. Amount of financial guarantee = cost of transport + cost of recovery/disposal of notified waste. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland
4. Consultation with insurance sector. • Private insurance sector in Poland has been preliminarilyconsulted with regard to liability issues specified in the Protocol on Liability and Compensation. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland
5. Suggestions, ideas, comments. • Poland applies system of financial guarantees in transboundary movement of waste established under Council Regulation No 259/93. • The scope of liability stipulated in Council Regulation No 259/93 isdifferent from the Protocol. Magda Gosk, Chief Inspectorate for Environmental Protection, Poland