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BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION

BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION. Warsaw, Poland, 18-20.January 2006. Nataša Kačić-Bartulović, B.L.Sc. natasa.kacic-bartulovic@mzopu.hr www.mzopu.hr. Ministry of Environmental Protection, Physical Planning and Consruction

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BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION

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  1. BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION Warsaw, Poland, 18-20.January 2006. Nataša Kačić-Bartulović, B.L.Sc. natasa.kacic-bartulovic@mzopu.hr www.mzopu.hr

  2. Ministry of Environmental Protection, Physical Planning and Consruction MINISTARSTVO ZAŠTITE OKOLIŠA, PROSTORNOG UREĐENJA I GRADITELJSTVA 1.RATIFICATION? Republic of Croatia has not signed The Protocol on Lability and Compensation

  3. 2.ENTITIES WHICH CAN INITIATE RATIFICATION : • Croatian legislation which regulate adoption of the international agreements is: • Constitution of Republic of Croatia, OG No 41/01 • Law on Concluding and Execution of the International Agreements, OG International Treaties No 28/96 • Standing Orders of the Croatian Parliament OG • No 06/02

  4. 2.ENTITIES WHICH CAN INITIATE RATIFICATION II : • The decision for initiation of the ratification makes: • President of Republic of Croatia or • Government of the Republic of Croatia • The decision is the legal bases for the negotiation • and ratification of international agreements

  5. 2.ENTITIES WHICH CAN INITIATE RATIFICATION III : • Ratification procedure initiate Government of Republic of Croatia on the proposal of the • Ministry of Foreign Affairs • Croatian Parlament ratifies international agreements: • which will cause adopting or amending laws • of military nature • which are financialy binding for RC

  6. 2.ENTITIES WHICH CAN INITIATE RATIFICATION IV : • Competent ministary retains the leading role in guiding the instruments during the ratification process

  7. 3.RATIFICATION FLOW CHART MEPPPC Ministry of Foreign Affairs 3 International Agreement Ratification Act Proposal Draft Government of the Republic of Croatia Ministry of Finance 1 Ministry of Justice Croatian Parliament 2 Ministry of Foreign Affairs Legislation Office of the Government International Agreement Ratification Act Other state bodies

  8. 4.ENTITIES THAT MUST BE CONSULTED before ratification take place: 1.Legislation office of the Government of the Republic of Croatia, 2.Ministry ofFinance, 3.Ministry of Justiceand of 4.other state bodies,due to the specificcase

  9. 5.FINAL DECISION MAKER: Croatian Parliament is taking the final decision for ratification

  10. 6.OTHER REQUIREMENTS for an international instrument to be entered into force and /or to be implemented Ratified international agreement enters into force as the Law on ratification on specific international agreement, eight days after publishing in the Official Gazette – International Treaties. Each Law on ratification has the provision which prescribes that the Government of the Republic of Croatia is authorised to adopt subsidiary legislation for the full implementation of specific international agreement.

  11. 7.DIFFICULTIES, CONCERNS AND OBSTACLES identified to ratification of the Protocol No difficulties and obstacles at practical and legal/technical level. Major concerns: Very high financial limits and insurance consequently

  12. THANK YOU FOR YOUR ATTENTION

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