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BASEL SÖZLEŞMESİ THE BASEL CONVENTION

Protocol On Liability And Article 2: Definitions

Compensation For Damage Resulting From Transboundary 1. The definitions of terms contained in the Convention apply to the Protocol, unless expressly
Movements Of Hazardous Wastes And Their Disposal provided otherwise in the Protocol.
2. For the purposes of the Protocol:

The Parties to the Protocol, (a) “The Convention” means the Basel Convention on the Control of Transboundary Move-
ments of Hazardous Wastes and their Disposal;
Having taken into account the relevant provisions of Principle 13 of the 1992 Rio Declaration on
Environment and Development, according to which States shall develop international and natio- (b) “Hazardous wastes and other wastes” means hazardous wastes and other wastes within
nal legal instruments regarding liability and compensation for the victims of pollution and other the meaning of Article 1 of the Convention;
environmental damage,
(c) “Damage” means:
Being Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal, (i) Loss of life or personal injury;

Mindful of their obligations under the Convention,

Aware of the risk of damage to human health, property and the environment caused by hazardous (ii) Loss of or damage to property other than property held by the person liable in accordance
wastes and other wastes and the transboundary movement and disposal thereof, with the present Protocol;

Concerned about the problem of illegal transboundary traffic in hazardous wastes and other was- (iii) Loss of income directly deriving from an economic interest in any use of the environment,
tes, incurred as a result of impairment of the environment, taking into account savings and costs;
Committed to Article 12 of the Convention, and emphasizing the need to set out appropriate rules (iv) The costs of measures of reinstatement of the impaired environment, limited to the costs
and procedures in the field of liability and compensation for damage resulting from the trans- of measures actually taken or to be undertaken; and
boundary movement and disposal of hazardous wastes and other wastes,
(v) The costs of preventive measures, including any loss or damage caused by such measures,
Convinced of the need to provide for third party liability and environmental liability in order to to the extent that the damage arises out of or results from hazardous properties of the wastes
ensure that adequate and prompt compensation is available for damage resulting from the trans- involved in the transboundary movement and disposal of hazardous wastes and other wastes
boundary movement and disposal of hazardous wastes and other wastes, subject to the Convention;

Have agreed as follows: (d) “Measures of reinstatement” means any reasonable measures aiming to assess, reinstate
or restore damaged or destroyed components of the environment. Domestic law may indica-
te who will be entitled to take such measures;
Article 1: Objective
(e) “Preventive measures” means any reasonable measures taken by any person in response
The objective of the Protocol is to provide for a comprehensive regime for liability and for adequ- to an incident, to prevent, minimize, or mitigate loss or damage, or to effect environmental
ate and prompt compensation for damage resulting from the transboundary movement of hazar- clean-up;
dous wastes and other wastes and their disposal including illegal traffic in those wastes.
(f) “Contracting Party” means a Party to the Protocol;

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