BASEL CONVENTION REGIONAL CENTRE BRATISLAVA, SLOVAK REPUBLIC

1. BASEL CONVENTION REGIONAL CENTRE BRATISLAVA, SLOVAK REPUBLIC Difficulties in ratifying the Basel Protocol in the CEE Region Dana Lapešová BCRC Bratislava, Slovakia

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. Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

10. Protocol Ratification - Current Status 6. How can SBC facilitate the ratification: • assist in removing obstacles Dana Lapešová BCRC Bratislava, Slovakia

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 Dana Lapešová BCRC Bratislava, Slovakia

12. Negatives • Necessity to change legislation • Negative impact on recovery of wastes • Transport cost increase • Insurance companies not ready to compensate for environmental damages Dana Lapešová BCRC Bratislava, Slovakia