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Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.

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Presentation on theme: "Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation."— Presentation transcript:

1 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation Albanian delegation prepared : Civil Liability Civil Liabilityby Diana XHYHERI Ministry of Environment, Forests and Water Administration January 2006 Warsaw POLAND

2 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The answers to the questionnaire # 1 were based on the draft law On Environmental Administration of the Hazardous Waste, which is drafted by EU consultants in cooperation with Ministry of Environment, Forest and Water Administration. The answers to the questionnaire # 1 were based on the draft law On Environmental Administration of the Hazardous Waste, which is drafted by EU consultants in cooperation with Ministry of Environment, Forest and Water Administration. This draft-law is the first effort made by this Ministry in the area of Hazardous Waste management. This draft-law is the first effort made by this Ministry in the area of Hazardous Waste management. Actually, the draft-law is under the discussion process by CM. Actually, the draft-law is under the discussion process by CM.

3 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The draft law is compile in the implementation of the National Plan for the Approximation Legislation. The draft law is compile in the implementation of the National Plan for the Approximation Legislation. The preparation of this draft law is based on the Directive 91/689/EEC on hazardous waste and some others important EU directives as follows, and the obligations under the Basel Convention. The preparation of this draft law is based on the Directive 91/689/EEC on hazardous waste and some others important EU directives as follows, and the obligations under the Basel Convention. Directive 75/442/EEC(Frame directive on waste), Directive 75/442/EEC(Frame directive on waste), Directive 1999/31/EC (Directive on waste landfill), Directive 1999/31/EC (Directive on waste landfill), Directive 2000/76/EC (Directive on waste incineration), Directive 2000/76/EC (Directive on waste incineration), Decision 2000/532/EC which give a list of wastes. Decision 2000/532/EC which give a list of wastes.

4 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The aim of this law is to arrange the hazardous waste management, reflecting the main requests of the EU legislation, including definition on dangerous waste, base principle, management plan, the obligations and including peoples in their management process, the obligations of the producers and holders of the hazardous waste, the obligations for the people who are engage in the collection/transportation of the hazardous waste, squares of the hazardous waste, their import/ export, observation/inspection, etc The aim of this law is to arrange the hazardous waste management, reflecting the main requests of the EU legislation, including definition on dangerous waste, base principle, management plan, the obligations and including peoples in their management process, the obligations of the producers and holders of the hazardous waste, the obligations for the people who are engage in the collection/transportation of the hazardous waste, squares of the hazardous waste, their import/ export, observation/inspection, etc In this respect we may state that the draft-law is closely approached. In this respect we may state that the draft-law is closely approached.

5 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The principles on which is drafted this draft-law include: Generality of the Hazardous waste management without impact/risk to the human health and environment. Generality of the Hazardous waste management without impact/risk to the human health and environment. The polluters pay. The polluters pay. The principal of the separation of the waste from the other waste (dangerous and non dangerous) The principal of the separation of the waste from the other waste (dangerous and non dangerous) The draft-law considers the National Plan for hazardous waste management as a base document of the national policy in this regard. The draft-law considers the National Plan for hazardous waste management as a base document of the national policy in this regard.

6 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The draft identifies the involved persons in the managing process of the hazardous waste; the producer and HW store keeper, physical & legal persons who deal with collection, transportation and other operations in the recycling or incineration field and, also their temporary storing. The draft identifies the involved persons in the managing process of the hazardous waste; the producer and HW store keeper, physical & legal persons who deal with collection, transportation and other operations in the recycling or incineration field and, also their temporary storing. In respect of afore said the law foresees a series of legal obligations in comply with the Acquis requirements for this kind of waste. In respect of afore said the law foresees a series of legal obligations in comply with the Acquis requirements for this kind of waste. The obligations of the producers and depositors of HW contains also responsibility to afford the costs for the operation of the HW administration, the responsibilities to transfer the management only to the authorized persons and to register all the respective data-s. The obligations of the producers and depositors of HW contains also responsibility to afford the costs for the operation of the HW administration, the responsibilities to transfer the management only to the authorized persons and to register all the respective data-s.

7 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The draft law regulates in a specified way the circumstances and methods how the official authorized peoples are permitted to carry out the collection/transportation and storage of the hazardous waste, accompanied documentations of the goods, as well as compulsory registration of the trade operators and of the intermediaries hazardous waste, as a regulatory instrument for the effectively management of the hazardous waste. The draft law regulates in a specified way the circumstances and methods how the official authorized peoples are permitted to carry out the collection/transportation and storage of the hazardous waste, accompanied documentations of the goods, as well as compulsory registration of the trade operators and of the intermediaries hazardous waste, as a regulatory instrument for the effectively management of the hazardous waste. The draft law foresees furthermore sanctions for the cases when the law is breached. The draft law foresees furthermore sanctions for the cases when the law is breached.

8 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The draft law foresees a number of the transitory provisions, which determine a period of time for a realistic application of the law, an issue which to a certain extend is been obstacled by the fact that Albania doesnt have the landfill for the hazardous waste incineration, which comply with the EU international standards. The draft law foresees a number of the transitory provisions, which determine a period of time for a realistic application of the law, an issue which to a certain extend is been obstacled by the fact that Albania doesnt have the landfill for the hazardous waste incineration, which comply with the EU international standards. The draft law is also accompanied by three annexes Annexe I, describes the categories, containing elements and characteristics of hazardous waste, while the Annexes II and III provides the recycling & incineration operations per the Frame Directive of Waste. The draft law is also accompanied by three annexes Annexe I, describes the categories, containing elements and characteristics of hazardous waste, while the Annexes II and III provides the recycling & incineration operations per the Frame Directive of Waste.

9 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation The complexity of the hazardous waste management, make the technical instructions to be a regulator instrument very effectual. (after the approval of the law). The complexity of the hazardous waste management, make the technical instructions to be a regulator instrument very effectual. (after the approval of the law).

10 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation Questionnaire no. 1 1.In the case of an accident in your country during a trans boundary movement of hazardous wastes, who will be liable for the damage caused according to domestic law: the generator (even if the generator is outside the country) / the owner / the carrier / the disposer / any other party to the transaction? Because Albania doesnt have the necessary capacity for recovery, incineration, and removal of the hazardous waste, the draft low foresees to stop the importing of the whole hazardous waste or their trans boundary transitor through the territory of Albania. So, this point is not applicable in the Albania conditions. Because Albania doesnt have the necessary capacity for recovery, incineration, and removal of the hazardous waste, the draft low foresees to stop the importing of the whole hazardous waste or their trans boundary transitor through the territory of Albania. So, this point is not applicable in the Albania conditions.

11 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 2.What types of damage are covered in your domestic law: personal injury / loss of life / damage to property / damage to the environment / any other? The article 4 of the draft law on The rule of hazardous waste administration foreseen that the undertaken of the hazardous waste administration to be without impact/risk to the human health and environment especially without impact/risk to water, air, land, vegetables and animals. The article 4 of the draft law on The rule of hazardous waste administration foreseen that the undertaken of the hazardous waste administration to be without impact/risk to the human health and environment especially without impact/risk to water, air, land, vegetables and animals.

12 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 3.Which is the relevant agency for the enforcement of liability in your country: national courts / regulatory agencies regulating health and safety and/or environmental matters / any other? Regarding the environmental matters, the responsible Agency that will deal with the enforcement of liability in Albania is Ministry of Environment and Inspectoriate of Environment through the Regional Environmental Agency in every district. Regarding the environmental matters, the responsible Agency that will deal with the enforcement of liability in Albania is Ministry of Environment and Inspectoriate of Environment through the Regional Environmental Agency in every district.

13 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation In accordance with the mentioned draft-law, is foreseen a inspection system for whole actors which are involved in managing process of Hazardous Waste. In accordance with it, the environmental permits can change, block or cancel ate in accordance with the disposition of this draft-low.

14 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 4.What would be the nature of the liability in your country: strict / fault based? Not applicable. There is no law on environmental liability yet. Not applicable. There is no law on environmental liability yet. 5.Are there any time limits to the liability? Not applicable. There is no law on environmental liability yet. Not applicable. There is no law on environmental liability yet. 6.Are there any minimum or maximum financial limits to the liability? Not applicable. There is no law on environmental liability yet. Not applicable. There is no law on environmental liability yet.

15 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation But have sanctions provide for fines between $ to $. But have sanctions provide for fines between $ to $. Further, the Environmental Inspectorate proposes the sequestration of the equipments and materials which caused the pollution and damaged the environment. According as the pollution and damage caused, the activity can blocked for three months or forever, as well the environment permit can be cancelled for the temporary or finally time. Further, the Environmental Inspectorate proposes the sequestration of the equipments and materials which caused the pollution and damaged the environment. According as the pollution and damage caused, the activity can blocked for three months or forever, as well the environment permit can be cancelled for the temporary or finally time.

16 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 7.Is there any existing insurance coverage in respect of any or all of the incidents and/or damage contemplated by the Protocol? The insurance coverage is foreseen in the Article 14 on Financial bond to the draft-law, where the person which is responsible to administrate the hazardous waste, after has provided the environmental permit for this place, give a guarantee payment for the closing, further intervention and/or environmental rehabilitation after the closure of the hazardous waste site. The insurance coverage is foreseen in the Article 14 on Financial bond to the draft-law, where the person which is responsible to administrate the hazardous waste, after has provided the environmental permit for this place, give a guarantee payment for the closing, further intervention and/or environmental rehabilitation after the closure of the hazardous waste site. If the applicants doesnt introduce the appropriate financial bond in accordance with Article 14 above mentioned, then the environmental permit for the square doesnt allowed. If the applicants doesnt introduce the appropriate financial bond in accordance with Article 14 above mentioned, then the environmental permit for the square doesnt allowed.

17 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 8.Have you identified any gaps in your liability legislation that could lead to cases where damage caused by accidents remains uncovered? Not applicable. There is no law on environmental liability yet. Not applicable. There is no law on environmental liability yet.

18 Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation 9.Has your country entered into any regional or bilateral agreements regarding liability in connection with of hazardous wastes? If so, please provide information. Due to the lack of a low on hazardous waste and the draft- low is under the improvement process by CM, which stops the importing of hazardous waste, Albania doesnt have any regional or bilateral agreements regarding liability in connection with accidents during a trans boundary movement. Due to the lack of a low on hazardous waste and the draft- low is under the improvement process by CM, which stops the importing of hazardous waste, Albania doesnt have any regional or bilateral agreements regarding liability in connection with accidents during a trans boundary movement.

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