BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION

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Ministry of Environmental Protection, Physical Planning and ConsructionMinistry of Environmental Protection, Physical Planning and ConsructionMINISTARSTVO ZAŠTITE OKOLIŠA, PROSTORNOG UREĐENJA I GRADITELJSTVAMINISTARSTVO ZAŠTITE OKOLIŠA, PROSTORNOG UREĐENJA I GRADITELJSTVA

DIRECTORATE FOR ENVIRONMENTAL PROTECTION – WASTE MANAGEMENT DEPARTEMENT

BASEL PROTOCOL ON BASEL PROTOCOL ON LIABILITY AND LIABILITY AND

COMPENSATION COMPENSATION RATIFICATIONRATIFICATION

Warsaw, Poland, 18-20.January 2006.

Nataša Kačić-Bartulović, [email protected]

www.mzopu.hr

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1.RATIFICATION?

Republic of Croatia has not signed The Protocol on Lability and Compensation

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2.ENTITIES WHICH CAN INITIATE RATIFICATION :

Croatian legislation which regulate adoption of the international agreements is:

1. Constitution of Republic of Croatia, OG No 41/012. Law on Concluding and Execution of the

International Agreements, OG International Treaties No 28/96

3. Standing Orders of the Croatian Parliament OG No 06/02

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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

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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

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2.ENTITIES WHICH CAN INITIATE RATIFICATION IV :

Competent ministary retains the leading role in guiding the instruments during the ratification process

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3.RATIFICATION FLOW CHART

Ministry of FinanceMinistry of Finance

Ministry of Foreign AffairsMinistry of Foreign Affairs

Legislation Office of the Government

Legislation Office of the Government

Ministry of JusticeMinistry of Justice

Other state bodiesOther state bodies

Government of the Republic of Croatia

Government of the Republic of Croatia

Croatian ParliamentCroatian Parliament

International AgreementRatification Act Proposal

Draft

MEPPPCMEPPPC Ministry of Foreign AffairsMinistry of Foreign Affairs

International Agreement

Ratification Act

12

3

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4.ENTITIES THAT MUST BE CONSULTED before ratification take place:

1.Legislation office of the Government of the Republic of Croatia, 2.Ministry of Finance, 3.Ministry of Justice and of4.other state bodies,due to the specific case

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5.FINAL DECISION MAKER:

Croatian Parliament is taking the final decision for ratification

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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.

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7.DIFFICULTIES, CONCERNS ANDOBSTACLES 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

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THANK YOU FOR YOUR ATTENTION

BASEL PROTOCOL ON LIABILITY AND COMPENSATION RATIFICATION

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