Page 79 - BaselSozlesmesi

BASEL SÖZLEŞMESİ THE BASEL CONVENTION

Article 9: Contributory Fault
Article 6: Preventive Measures

Compensation may be reduced or disallowed if the person who suffered the damage, or a person
1. Subject to any requirement of domestic law any person in operational control of hazardous for whom he is responsible under the domestic law, by his own fault, has caused or contributed to
wastes and other wastes at the time of an incident shall take all reasonable measures to mitigate the damage having regard to all circumstances.
damage arising therefrom.

2. Notwithstanding any other provision in the Protocol, any person in possession and/or control of Article 10: Implementation
hazardous wastes and other wastes for the sole purpose of taking preventive measures, provided
that this person acted reasonably and in accordance with any domestic law regarding preventive 1. The Contracting Parties shall adopt the legislative, regulatory and administrative measures
measures, is not thereby subject to liability under the Protocol. necessary to implement the Protocol.

2. In order to promote transparency, Contracting Parties shall inform the Secretariat of measures
Article 7: Combined Cause Of The Damage to implement the Protocol, including any limits of liability established pursuant to paragraph 1 of
Annex B.
1. Where damage is caused by wastes covered by the Protocol and wastes not covered by the 3. The provisions of the Protocol shall be applied without discrimination based on nationality,
Protocol, a person otherwise liable shall only be liable according to the Protocol in proportion to domicile or residence.
the contribution made by the wastes covered by the Protocol to the damage.
2. The proportion of the contribution to the damage of the wastes referred to in paragraph 1 shall Article 11: Conflicts with other liability and compensation agree-
be determined with regard to the volume and properties of the wastes involved, and the type of
damage occurring. ments

3. In respect of damage where it is not possible to distinguish between the contribution made Whenever the provisions of the Protocol and the provisions of a bila- teral, multilateral or regional
by wastes covered by the Protocol and wastes not covered by the Protocol, all damage shall be agreement apply to liability and compen- sation for damage caused by an incident arising during
considered to be covered by the Protocol. 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
Article 8: Right Of Recourse the Protocol was opened for signature, even if the agreement was amended afterwards.

1. Any person liable under the Protocol shall be entitled to a right of recourse in accordance with Article 12: Financial Limits
the rules of procedure of the competent court:
1. Financial limits for the liability under Article 4 of the Protocol are specified in Annex B to the
(a) Against any other person also liable under the Protocol; and Protocol. Such limits shall not include any interest or costs awarded by the competent court.

(b) As expressly provided for in contractual arrangements. 2. There shall be no financial limit on liability under Article 5.

2. Nothing in the Protocol shall prejudice any rights of recourse to which the person liable might Article 13: Time Limit Of Liability
be entitled pursuant to the law of the competent court.

1. Claims for compensation under the Protocol shall not be admissible unless they are brought
within ten years from the date of the incident.

78 79