Basel Convention on the Control of Transboundary Movements

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ARTICLE 9 Contributory fault Compensation may be reduced or disallowed if the person who suffered the damage, or a person for whom he is responsible under the domestic law, by his own fault, has caused or contributed to the damage having regard to all circumstances. ARTICLE 10 Implementation 1. The Contracting Parties shall adopt the legislative, regulatory and administrative measures necessary to implement the Protocol. 2. In order to promote transparency, Contracting Parties shall inform the Secretariat of measures to implement the Protocol, including any limits of liability established pursuant to paragraph 1 of Annex B. 3. The provisions of the Protocol shall be applied without discrimination based on nationality, domicile or residence. ARTICLE 11 Conflicts with other liability and compensation agreements Whenever the provisions of the Protocol and the provisions of a bila- teral, multilateral or regional agreement apply to liability and compensation for damage caused by an incident arising during the same portion of a transboundary movement, the Protocol shall not apply provided the other agreement is in force for the Party or Parties concerned and had been opened for signature when the Protocol was opened for signature, even if the agreement was amended afterwards. | 107
ARTICLE 12 Financial limits 1. Financial limits for the liability under Article 4 of the Protocol are specified in Annex B to the Protocol. Such limits shall not include any interest or costs awarded by the competent court. 2. There shall be no financial limit on liability under Article 5. ARTICLE 13 Time limit of liability 1. Claims for compensation under the Protocol shall not be admissible unless they are brought within ten years from the date of the incident. 2. Claims for compensation under the Protocol shall not be admissible unless they are brought within five years from the date the claimant knew or ought reasonably to have known of the damage provided that the time limits established pursuant to paragraph 1 of this Article are not exceeded. 3. Where the incident consists of a series of occurrences having the same origin, time limits established pursuant to this Article shall run from the date of the last of such occurrences. Where the incident consists of a continuous occurrence, such time limits shall run from the end of that continuous occurrence. ARTICLE 14 Insurance and other financial guarantees 1. The persons liable under Article 4 shall establish and maintain during the period of the time limit of liability, insurance, bonds or other financial guarantees covering their liability under Article 4 of the Protocol | 108
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BASEL CONVENTION ON THE CONTROL OF
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TABLE OF CONTENTS Introduction 5 <s
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(“the Ban Amendment”) was adopt
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COP 6 also established a partnershi
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Waste minimization undoubtedly lead
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eduction of their generation to a m
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Recognizing that in the case of a m
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4. Wastes which derive from the nor
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13. “States concerned” means Pa
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ARTICLE 43 ARTICLE 4 GENERAL OBLIGA
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(f) Require that information about
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(b) The wastes in question are requ
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the movement, or requesting additio
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9. The Parties shall require that e
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(e) that results in deliberate disp
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low-waste technologies and the impr
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ARTICLE 13 TRANSMISSION OF INFORMAT
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(f) Information on accidents occurr
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5. The Conference of the Parties sh
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(e) To communicate with focal point
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ARTICLE 17 AMENDMENT OF THE CONVENT
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(a) Annexes to this Convent
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Party accepting the same obligation
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ARTICLE 24 RIGHT TO VOTE 1. Except
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ARTICLE 29 AUTHENTIC TEXTS The orig
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ANNEX I CATEGORIES OF WASTES TO BE
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| 54 Y38 Organic cyanides Y39 Pheno
Page 57 and 58: ANNEX III LIST OF HAZARDOUS CHARACT
Page 59 and 60: UN Class 5 Code Characteristics 6.1
Page 61 and 62: ANNEX IV DISPOSAL OPERATIONS A. OPE
Page 63 and 64: R12 Exchange of wastes for submissi
Page 65 and 66: 13. Designation and physical descri
Page 67 and 68: ANNEX V B INFORMATION TO BE PROVIDE
Page 69 and 70: ANNEX VI ARBITRATION ARTICLE 1 Unle
Page 71 and 72: ARTICLE 7 The tribunal may hear and
Page 73 and 74: ANNEX VIII 7 LIST A Wastes containe
Page 75 and 76: A1120 Waste sludges, excluding anod
Page 77 and 78: A3060 Waste nitrocellulose A3070 Wa
Page 79 and 80: | 78 A4040 Wastes from the manufact
Page 81 and 82: ANNEX IX 16 LIST B Wastes contained
Page 83 and 84: | 82 B1060 Waste selenium and tellu
Page 85 and 86: | 84 B1120 Spent catalysts excludin
Page 87 and 88: | 86 B2020 Glass waste in non-dispe
Page 89 and 90: B3 WASTES CONTAINING PRINCIPALLY OR
Page 91 and 92: | 90 B3030 Textile wastes The follo
Page 93 and 94: | 92 B3060 Wastes arising from agro
Page 96 and 97: PROTOCOL ON LIABILITY AND COMPENSAT
Page 98 and 99: compensation is available for damag
Page 100 and 101: the same origin that causes damage
Page 102 and 103: (d) Notwithstanding subparagraph (a
Page 104 and 105: shall notify the Secretariat of the
Page 106 and 107: (d) Wholly the result of the wrongf
Page 110 and 111: for amounts not less than the minim
Page 112 and 113: (c) The defendant has his habitual
Page 114 and 115: (d) Where the judgement is contrary
Page 116 and 117: (d) To consider and undertake any a
Page 118 and 119: 3. In their instruments of formal c
Page 120 and 121: ARTICLE 31 Withdrawal 1. At any tim
Page 122 and 123: 28. Samoa 29. Sao Tome and Principe
Page 124: 3. The amounts referred to in parag
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Basel Convention on the Control of Transboundary Movements

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