Page 75 - BaselSozlesmesi

BASEL SÖZLEŞMESİ THE BASEL CONVENTION

(g) “Protocol” means the present Protocol; hazardous wastes and other wastes. When the State of export, but not the State of import,
is a Contracting Party, the Protocol shall apply only with respect to damage arising from an
(h) “Incident” means any occurrence, or series of occurrences having the same origin that incident as referred to in paragraph 1 which takes place prior to the moment at which the
causes damage or creates a grave and imminent threat of causing damage; disposer takes possession of the hazardous wastes and other wastes. When neither the State
of export nor the State of import is a Contracting Party, the Protocol shall not apply;
(i) “Regional economic integration organization” means an organization constituted by sove-
reign States to which its member States have transferred competence in respect of matters (c) Notwithstanding subparagraph (a), the Protocol shall also apply to the damages specified
governed by the Protocol and which has been duly authorized, in accordance with its internal in Article 2, subparagraphs 2 (c) (i), (ii) and (v), of the Protocol occurring in areas beyond any
procedures, to sign, ratify, accept, approve, formally confirm or accede to it; national jurisdiction;

(j) “Unit of account” means the Special Drawing Right as defined by the International Mone- (d) Notwithstanding subparagraph (a), the Protocol shall, in relation to rights under the Pro-
tary Fund. tocol, also apply to damages suffered in an area under the national jurisdiction of a State of
transit which is not a Contracting Party provided that such State appears in Annex A and has
acceded to a multilateral or regional agreement concerning transboundary movements of
Article 3: Scope of application hazardous waste which is in force. Subparagraph (b) will apply mutatis mutandis.
1. The Protocol shall apply to damage due to an incident occurring during a transboundary mo- 4. Notwithstanding paragraph 1, in case of re-importation under Article 8 or Article 9, subparag-
vement of hazardous wastes and other wastes and their disposal, including illegal traffic, from raph 2 (a), and Article 9, paragraph 4, of the Convention, the provisions of the Protocol shall apply
the point where the wastes are loaded on the means of transport in an area under the national until the hazardous wastes and other wastes reach the original State of export.
jurisdiction of a State of export. Any Contracting Party may by way of notification to the Deposi-
tary exclude the application of the Protocol, in respect of all transboundary movements for which 5. Nothing in the Protocol shall affect in any way the sovereignty of States over their territorial
it is the State of export, for such incidents which occur in an area under its national jurisdiction, seas and their jurisdiction and the right in their respective exclusive economic zones and conti-
as regards damage in its area of national jurisdiction. The Secretariat shall inform all Contracting nental shelves in accordance with international law.
Parties of notifications received in accordance with this Article.
6. Notwithstanding paragraph 1 and subject to paragraph 2 of this Article:
2. The Protocol shall apply:
(a) The Protocol shall not apply to damage that has arisen from a transboundary movement
(a) In relation to movements destined for one of the operations specified in Annex IV to the of hazardous wastes and other wastes that has commenced before the entry into force of the
Convention other than D13, D14, D15, R12 or R13, until the time at which the notification Protocol for the Contracting Party concerned;
of completion of disposal pursuant to Article 6, paragraph 9, of the Convention has occurred,
or, where such notification has not been made, completion of disposal has occurred; and (b) The Protocol shall apply to damage resulting from an incident occurring during a trans-
boundary movement of wastes falling under Article 1, subparagraph 1 (b), of the Convention
(b) In relation to movements destined for the operations specified in D13, D14, D15, R12 or only if those wastes have been notified in accordance with Article 3 of the Convention by
R13 of Annex IV to the Convention, until completion of the subsequent disposal operation the State of export or import, or both, and the damage arises in an area under the national
specified in D1 to D12 and R1 to R11 of Annex IV to the Convention. jurisdiction of a State, including a State of transit, that has defined or considers those wastes
as hazardous provided that the requirements of Article 3 of the Convention have been met.
3. In this case strict liability shall be channelled in accordance with Article 4 of the Protocol.
(a) The Protocol shall apply only to damage suffered in an area under the national jurisdiction 7.
of a Contracting Party arising from an incident as referred to in paragraph 1;
(a) The Protocol shall not apply to damage due to an incident occurring during a transboun-
(b) When the State of import, but not the State of export, is a Contracting Party, the Protocol dary movement of hazardous wastes and other wastes and their disposal pursuant to a bila-
shall apply only with respect to damage arising from an incident as referred to in paragraph teral, multilateral or regional agreement or arrangement concluded and notified in accordan-
1 which takes place after the moment at which the disposer has taken possession of the ce with Article 11 of the Convention if:

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