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 (18-20 January, Warsaw, Poland)
Civil Liability-BOSNIA AND HERZEGOVINA (Presentation: Ms. Azra Basic, Federal Ministry of Physical Planning and Environment)
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2. The legislative in connection to the Liability and Compensation
The Basel Convention is adopted in 2001(estabilished Focal Point,established three Competent Authority, export hazardous waste from country).
Law on waste management (‘’Official Gazette of Federation of Bosnia and Herzegovina’’, No. 33/03’’), entered into force on 19 July 2003.
Law on waste management (‘’Official Gazette of Republic Srpska’’, No.53/02), entered into force on 2002.
Decree on financial guarantee for transboundary movement of hazardous waste (‘’Official Gazette of Federation of Bosnia and Herzegovina’’, No. 41 /05).
Framework Law on environmental protection-chapter XIV-Civil liability for Environmental Damage
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3. The framework Law on waste management, Article 5
The framework Law on waste management, Article 5. In the case of accident,who is responsible? Who should pay?
The holder of the waste pays (i.e. Polluter pays principle)
Producer responsibility
Polluter pays principle means that the producer or holder of waste shall cover the costs of prevention, of the recovery and disposal of waste, including aftercare, monitoring and also that the producer is financially responsible for preventive and restorative measures, in case he is causing or being likely to cause damage to the environment;
-"holder" means the producer of the waste or the natural or legal person who is in possession of it (waste management act, Art.4)
The producer and holder of wastes shall collect, take care of recovery and/or disposal of wastes produced by his activity or possessed by him (waste management act, Art.24)
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4. What types of damage are covered in accordance with the Laws?
In accordance to framework Law on waste management, article 54 covered damage to the environment (it is responsibility to the entity level to undertake direct waste management tasks-first of all emergency actions or cleaning up actions-in case the responsible person may not be identified and the interest of the protect human health, flora and fauna and the environment require direct and quick action.
the transport of waste mast be covered with financial guarantee in accordance with the Decree on financial guarantee for transboundary movement of hazardous waste
In accordance to the framework Law on environmental protection, Article 104. the operator of an activity dangerous to the environment is liable for the damage caused through this activity to persons, property or the environment, irrespective of fault.
If a dangerous activity causes damage to the environment, then the operator who is liable also has to compensate for the costs of the assessment of the damage and the costs for reasonable measures of reinstatement. The compensation requirement also encompasses the costs of reasonable measures to prevent or mitigate damage to the environment as well as the costs of damage to persons and property that were caused by such measures (framework Law on Environmental Protection, Article 109.)
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5. Which is the relevant agency for the enforcement of liability?
The institutions of environmental matters
The national courts
The nature of the liability (strict/fault based)?
Current legislation (Decree on Financial Guarantees for Transboundary Movement of Hazardous Waste, ‘’Official Gazette of Federation of Bosnia and Herzegovina’’, No. 41 /05).
If damage to the environment cannot be restored through reasonable measures, then the responsible person is liable for the compensation of the value of the destroyed environmental assets, Article 109.-Law on environmental protection.
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6. -The time limits to the liability -The minimum or maximum financial limits to the liability
The time limits is 12 mounts in accordance with the Decree on financial guarantee for transbounary movement of hazardous waste (‘’Official Gazette of Federation of Bosnia and Herzegovina’’, No.41/05).
The minimum financial limit always corresponds to the minimum cost of waste treatment in an environmentally friendly way, including the associated transport, or return of waste to the original owner.
The compensation amount orientates itself upon the economic and ecological value of the environmental assets. If the value cannot be determined or cannot be determined with reasonable economic effort, then the court should determine the amount of damages according to the principle of equity, applying this principle the necessary costs for the restoration, the risk of the activity to the environment, the extent of individual fault, and the benefits gained from the harmful activity are to be considered (framework Low on environmental protection, Article 110. )
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7. The there any existing insurance coverage in respect of any or all incidents and/or damage contemplated by the Protocol?
The federal and cantonal environmental protection funds shall be established by the Law on environmental fund (‘’Official Gazette of Federation of Bosnia and Herzegovina’’, No. 33 /03).
The Federation environmental protection fund is established for: - the promotion of the development of an environmentally safe economic structure; the prevention of environmental damage; the remediation of environmental damage which has occurred; the conservation of nature protection areas; the motivation and promotion of the most efficient techniques and alternatives; the improvement of public environmental awareness, and environmental research.
Loss of life, loss or damage to property,cost of measures of reinstatement, the cost of preventive measures, loss of income directly deriving from an economic interest in any use of environment-in accordance with Protocol.
Damage to property, cost of measures of reinstatement, financial security for operator of an dangerous activities- in accordance with BiH Laws.
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8. Have you identified any gaps in your liability legislation that could lead to cases where damage caused by accidents remain uncovered?
The current legislation primarily specifies that after damage has occurred, appropriate compensation must be provided, but does not focus on preventive approach.
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9. Thank you for your attention!
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