Basel Protocol on Liability and Compensation for
 Damage Resulting from Transboundary Movements of 
Hazardous Wastes and their Disposal
 (Basel, 10 December 1999) 

OBJECTIVES

        The objective of the Protocol is to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic in those wastes. Each phase of a transboundary movement, from the point at which the wastes are loaded on the means of transport to their export, international transit, import and final disposal, is considered.


KEY PROVISIONS

        The person who notifies in accordance with article 6 of the Convention shall be strictly liable for damage until the disposer has taken possession of the hazardous wastes and other wastes.  Thereafter the disposer is strictly liable. Any person in operational control of hazardous wastes at the time of an incident has a duty to take all reasonable measures to mitigate damages arising therefrom.  Strict liability is subject to limited exceptions especially in cases of war and natural phenomena.
        Notwithstanding the provisions concerning strict liability, any person shall be liable for damage caused or contributed to by his lack of compliance with the provisions implementing the Convention or by his wrongful intentional, reckless or negligent acts of omission. 
        The Protocol provides for a right of recourse for any person liable under the Protocol, contains a provision on contributory fault and establishes financial limits for liability as well as time limits for bringing a claim for compensation.    
        The Protocol also addresses insurance and financial guarantees, financial mechanisms, State responsibility, jurisdiction, choice of law, mutual recognition and enforcement of judgments. 


ENTRY INTO FORCE

        The Basel Protocol is not yet in force. It shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, formal confirmation, approval or accession.


HOW TO BECOME A PARTY

        The Protocol is closed for signature. It is subject to ratification, acceptance or approval by States and to formal confirmation or approval by regional economic integration organizations that are Parties to the Basel Convention.  The Protocol is open for accession by States and regional economic integration organizations that are Parties to the Basel Convention, which have not signed the Protocol.


MANDATORY/ OPTIONAL DECLARATIONS

        Regional economic integration organizations, in their instruments of formal confirmation, approval or accession, shall declare the extent of their competence with respect to the matters governed by the Protocol.  
        States and political and/or economic integration organizations may, when signing, ratifying, accepting, approving, formally confirming or acceding to the Protocol, make declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of the Protocol, provided that such declarations or statements do not purport to exclude or to modify the legal effects of the provisions of the Protocol in their application to that State or that organization.
        Any Contracting Party may, by a way of notification to the depositary, exclude the application of the Protocol, in respect of all transboundary movements for which it is the State of export, for such incidents that occur in an area under its national jurisdiction, as regards damage in its area of national jurisdiction.
        Any Contracting Party shall, by notification to the depositary at the time of signature, ratification, or approval of, or accession to the Protocol, indicate if it does not provide for a right to bring a direct action against persons providing insurance, bonds or other financial guaranties to strict or fault-based liable individuals under the Protocol.


RESERVATIONS

        No reservations may be made to the Protocol.


WITHDRAWAL/DENUNCIATION

        At any time after three years from the date on which the Protocol has entered into force for a Contracting Party, that Contracting Party may withdraw from the Protocol by giving written notification to the depositary. Withdrawal shall be effective one year from receipt of notification by the depositary, or on such later date as may be specified in the notification.  


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