Basel Protocol on Liability and Compensation Civil Liability Magda Gosk Chief Inspectorate for...

Basel Protocol on Liability and Basel Protocol on Liability and CompensationCompensation

Civil LiabilityCivil Liability

Magda GoskMagda Gosk

Chief Inspectorate for Environmental ProtectionChief Inspectorate for Environmental Protection

Division of Transboundary Movement of WasteDivision of Transboundary Movement of Waste

Magda Gosk, Chief Inspectorate forMagda Gosk, Chief Inspectorate for Environmental Protection, Poland Environmental Protection, Poland

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1. Liability for damage caused according to 1. Liability for damage caused according to domestic legislationdomestic legislation

In case of accident In case of accident occurred occurred during during transboundary movement of wastetransboundary movement of waste,, the recognized perpetrator of the recognized perpetrator of accidentaccident bears all liability for damage bears all liability for damage caused by the accident e.g in case of road caused by the accident e.g in case of road transport it may be the carrier who caused transport it may be the carrier who caused the accident.the accident.


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2. Types of damage covered by domestic 2. Types of damage covered by domestic legislation on civil liabilitylegislation on civil liability

As regards civil liabilityAs regards civil liability,, Polish domestic Polish domestic legislation covers the following damages:legislation covers the following damages:

- - personal injury, personal injury, - - loss of life, loss of life, - - damage to propertydamage to property,,- damage to the environment (the treasury or - damage to the environment (the treasury or regional authorities).regional authorities).


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3. Agency relevant for enforcement of civil 3. Agency relevant for enforcement of civil liability.liability.

In Poland national courts are considered to In Poland national courts are considered to be the relevant institution for the be the relevant institution for the enforcement of liability.enforcement of liability.


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4. The nature of liability 1/2.4. The nature of liability 1/2.

Council Regulation No 259/93 Council Regulation No 259/93 on supervision and on supervision and control of shipments of waste within, into and out control of shipments of waste within, into and out of the European Communityof the European Community. .

Council Regulation No 259/93 stipulates Council Regulation No 259/93 stipulates the the scope of liability with regard to transport of waste scope of liability with regard to transport of waste as well as introduces provisions on financial as well as introduces provisions on financial guarantee or equivalent insurance.guarantee or equivalent insurance.


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4. The nature of liability 2/24. The nature of liability 2/2

Financial guarantee or equivalent insurance Financial guarantee or equivalent insurance should be established for all shipments covered should be established for all shipments covered by the Regulation in order to cover costs for by the Regulation in order to cover costs for transport and recovery/disposal of waste in case transport and recovery/disposal of waste in case the shipment cannot be completed as intended the shipment cannot be completed as intended or the shipment is considered illegal.or the shipment is considered illegal.

The system of financial guarantees introduced in The system of financial guarantees introduced in Council Council RRegulation No 259/93 is strict based. egulation No 259/93 is strict based.


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5. Time limits to the liability 1/2.5. Time limits to the liability 1/2.

As regards financial guarantee established As regards financial guarantee established on the basis of Council Regulation No on the basis of Council Regulation No 259/93 it should be valid for the period on 259/93 it should be valid for the period on which notification has been done (max. 1 which notification has been done (max. 1 calendar year) plus 180 days foreseen in calendar year) plus 180 days foreseen in Regulation for recovery/disposal of waste. Regulation for recovery/disposal of waste.


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5. Time limits to the liability 2/2.5. Time limits to the liability 2/2.

As regards As regards general provisions on civil liability any general provisions on civil liability any demand for compensation may be issued within 3 demand for compensation may be issued within 3 years from the date the injured party acquired years from the date the injured party acquired the knowledge about the damagethe knowledge about the damage. .

In every case the claim becomes outdated after 10 In every case the claim becomes outdated after 10 years from the day the accident occured.years from the day the accident occured.


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6. Financial limits to the liability.6. Financial limits to the liability.

There are no minimum or maximum There are no minimum or maximum financial limits to the liability.financial limits to the liability.

To calculate the amount of financial To calculate the amount of financial guarantee as referred to in guarantee as referred to in Council Council Regulation No 259/93 the following Regulation No 259/93 the following method has been adopted:method has been adopted:Amount of financial guarantee = cost of Amount of financial guarantee = cost of transport + cost of recovery/disposal of transport + cost of recovery/disposal of notified waste.notified waste.


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7. Existing insurance coverage.7. Existing insurance coverage.

The existing commercial insurances The existing commercial insurances may cover certain damages may cover certain damages contemplated by the Protocolcontemplated by the Protocol e.g. e.g. personal injury, damage to property.personal injury, damage to property.


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8. Gaps in liability legislation.8. Gaps in liability legislation.

No gaps in our liability legislation No gaps in our liability legislation which could lead to cases where which could lead to cases where damage caused by accident remains damage caused by accident remains uncovered have been identified so uncovered have been identified so far.far.


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9. Regional or bilateral agreements.9. Regional or bilateral agreements.

Poland did not conclude any regional or bilateral Poland did not conclude any regional or bilateral agreements focusing specifically on liability for accidents agreements focusing specifically on liability for accidents during transboundary movement of waste.during transboundary movement of waste.

Poland is a party to tPoland is a party to the European Agreement concerning he European Agreement concerning the International Carriage of Dangerous Goods by Road the International Carriage of Dangerous Goods by Road (ADR)(ADR)

AAs the consequence of Poland’s accession to the EU, s the consequence of Poland’s accession to the EU, Council Regulation No 259/93 on waste shipments became Council Regulation No 259/93 on waste shipments became legally binding and provisions on financial guarantees came legally binding and provisions on financial guarantees came into force.into force.

Thank you very Thank you very much for your much for your

attention.attention.

Basel Protocol on Liability and Compensation Civil Liability Magda Gosk Chief Inspectorate for...

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