Basel Protocol on Liability Civil Liability

József Kelemen

Ministry of Environment and Water

AGENDA

Addressing Aspects and Obstacles to the Process of Ratification on the basis of the

Questionnaire No. 1

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1. Who will be liable for the damage caused according to domestic law

• The question is not clear.• For the damage caused by the vehicle: third party

insurance of the carrier.• Act XLIII of y. 2000 on Waste Management, § 16. (1):

Waste shall be transported in such a way that environmental pollution be avoided. In case of pollution originated from shipment the carrier shall ensure the cleaning up of the waste, the decontamination of the area as well as the restoration of the original state of the environment, as provided for in Subsection (5) of § 13.

• WMA §13. (5) The carrier of waste shall be responsible for the safe shipment of the consignment to the place of destination.

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2.What types of damage are covered

• Relating to the damage to the environment: see the previous slide.

• The rest: third party vehicle insurance.

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3. Relevant agency for the enforcement of liability

• WMA § 46. (2) Any person carrying out illegal activities must

• a) stop endangering, polluting or damaging the environment;

• b) undertake responsibility for the damage caused;• e) restore the former state of the environment.• (3) If the measure referred to in Paragraph a) of

Subsection (2) fails to take place or remains unsuccessful, the environmental protection authority or the court shall restrict, suspend or prohibit any waste management activities harmful or seriously hazardous to the environment.

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4. The nature of the liability. I.

Mainly fault based:• WMA §. 16. (1) Waste shall be transported in such a way

that environmental pollution be avoided. In case of pollution originated from shipment the carrier shall ensure the cleaning up of the waste, the decontamination of the area as well as the restoration of the original state of the environment.

• WMA § 46. (1) Any person who - by action or negligence - neglects his duties provided for in waste management legislation or in a relevant ruling issued by an authority, and in this way endangers, pollutes or damages the environment, or carries out his activities in a manner that violates the provisions of environmental protection (hereinafter together: illegal activities) shall bear legal (criminal, civil, administrative etc.) liability as provided for in this Act and in the other legal rules.

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4. The nature of the liability. II.

But there are strict based legal rules as well…• 259/93/EC. Art. 27.

1. All shipments of waste covered within the scope of this Regulation shall be subject to the provision of a financial guarantee or equivalent insurance covering costs for shipment, including cases referred to in Articles 25 and 26, and for disposal or recovery. 2. Such guarantees shall be returned when proof has been furnished, by means of: - the certificate of disposal or recovery, that the waste has reached its destination and has been disposed of or recovered in an environmentally sound manner.

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5. Time limits.

• WMA § 49. (3): After a period of one year from obtaining knowledge of an act referred to in Subsection (1) the environmental protection authority shall not have the possibility to impose the fine. No fine shall be imposed after a period of five years from the time of the commission of the act unless it is effected by preservation of an illegal situation. In such cases the prescription shall not start as long as the illegal situation prevails.

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6. Minimum or maximum financial limits

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

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7. Existing insurance coverage

As far as we know there is no such kind of insurance coverage in Hungary.

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8. Gaps in liability legislation.

We have not identified any gaps in our liability legislation that could lead to cases where damage caused by accidents remain uncovered.

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9. Regional or bilateral agreements

Hungary has not entered into any regional or bilateral agreements regarding liability in connection with accidents during a transboundary movement of hazardous wastes.

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Thank you for your attention!