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Regional Workshop aimed at Addressing and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation MINISTRY OF ENVIRONMENT AND PHYSICAL PLANNING. PRESENTATION CIVIL Liability Republic of MACEDONIA Presentation: Sokol Klincarov.
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Regional Workshop aimed at Addressing and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and CompensationMINISTRY OF ENVIRONMENT AND PHYSICAL PLANNING PRESENTATION CIVIL Liability Republic of MACEDONIA Presentation: Sokol Klincarov
CIVIL LIABILITY • Liable subjects for the damage caused according to domestic law: • The new Low on waste does not cover Liability issues in case of accident. • Does not exist Low on hazardous wastes • The Law on environment generally defined and specified the obligations of the entities responsible for the accident. • According the Low on transport of hazardous goods, liable subjects for the damage caused is: transporter
CIVIL LIABILITY • Covered types of damage • Personal injury • Damage to property • Damage to the environment
CIVIL LIABILITY • Relevant institutions for the enforcement of liability (Low on transport of hazardous goods): • Ministry of interior affairs, • Ministry of transport and communication, • Ministry of health and • Ministry of environment and physical planning
CIVIL LIABILITY • Nature of the liability • Regarding the existing current legal base, fault based liability could be applicable
CIVIL LIABILITY • Financial limits to the liability • (Law on transport of hazardous goods) • Minimum financial limit is 2.5 average salaries on national level • Maximum financial limit is 100 average salaries on national level • (Law on environment) • Minimum financial limit is 8 average salaries on national level • Maximum financial limit is 40 average salaries on national level
CIVIL LIABILITY • Gaps in the liability legislation • No any aspects from the Basel Convention and the Annexes incorporated in the existing Laws, even approximated to the European Legislation.
RATIFICATION • In the last two years almost all activates in the Ministry of environment have been focused on the preparing stage in EU application. • Initiative entity regarding ratification processes is Ministry of Environment and physical planning as a competent authority
RATIFICATION • Ratification process • Ministry of foreign affairs has a leading role during the entirety of the ratification process • The Government of the Republic of Macedonia has to be consulted and the issue of the ratification will be discused and addopted • Final decision will be taken on the Parliament of the Republic of Macedonia, as a constitutional body.
RATIFICATION • Requirements following ratification • Cost benefit analyses should be made as well as assesment of the institutional capacities for the implementation
RATIFICATION • Difficulties, concerns and obstacles to ratification of the Protocol • Usually those are on a practical level • Other priorities
RATIFICATION • Removing difficulties, concerns and obstacles • Streinghtening the public administration capacities • Improving the competent institutions
RATIFICATION • Support of the Secretariat of the Basel Convention for the ratification of the Protocol • Support the development and streightening of the capacitates in the practice
FINANCIAL LIMITS and INSURANCE • Difficulties with the minimum limits of liability specified in paragraph 2 of Annex B of the Protocol • Up to now the limits of liability specified in paragraph 2 have not considered
FINANCIAL LIMITS and INSURANCE • Need to establish financial limits on a higher level tan the ones specified in paragraph 2 of Annex B of the Protocol • No, even established financial limits may should be reduced
FINANCIAL LIMITS and INSURANCE • Insurance solutions available to cover the liability specified in paragraph 2 of Annex B of the Protocol • Yes, trough an a arrangements with the local insurance companies • No private insurence sectors have been consulted in this regards