Page 81 - BaselSozlesmesi

BASEL SÖZLEŞMESİ THE BASEL CONVENTION

2. Claims for compensation under the Protocol shall not be admissible unless they are brought Article 15: Financial Mechanism
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. 1. Where compensation under the Protocol does not cover the costs of damage, additional and
supplementary measures aimed at ensuring adequate and prompt compensation may be taken
3. Where the incident consists of a series of occurrences having the same origin, time limits es- using existing mechanisms.
tablished 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 2. The Meeting of the Parties shall keep under review the need for and possibility of improving
continuous occurrence. existing mechanisms or establishing a new mechanism.

Article 14: Insurance and Other Financial Guarantees Article 16: State responsibility

1. The persons liable under Article 4 shall establish and maintain during the period of the time The Protocol shall not affect the rights and obligations of the Contracting Parties under the rules
limit of liability, insurance, bonds or other financial guarantees covering their liability under Article of general international law with respect to State responsibility.
4 of the Protocol for amounts not less than the minimum limits specified in paragraph 2 of Annex
B. States may fulfil their obligation under this paragraph by a declaration of self-insurance. Not-
hing in this paragraph shall prevent the use of deductibles or co-payments as between the insurer PROCEDURES
and the insured, but the failure of the insured to pay any deductible or co-payment shall not be a
defence against the person who has suffered the damage. Article 17: Competent courts
2. With regard to the liability of the notifier, or exporter under Article 4, paragraph 1, or of the im- 1. Claims for compensation under the Protocol may be brought in the courts of a Contracting
porter under Article 4, paragraph 2, insurance, bonds or other financial guarantees referred to in Party only where either:
paragraph 1 of this Article shall only be drawn upon in order to provide compensation for damage
covered by Article 2 of the Protocol. (a) The damage was suffered; or

3. A document reflecting the coverage of the liability of the notifier or exporter under Article 4, (b) The incident occurred; or
paragraph 1, or of the importer under Article 4, paragraph 2, of the Protocol shall accompany
the notification referred to in Article 6 of the Convention. Proof of coverage of the liability of the (c) The defendant has his habitual residence, or has his principal place of business.
disposer shall be delivered to the competent authorities of the State of import.
2. Each Contracting Party shall ensure that its courts possess the necessary competence to enter-
4. Any claim under the Protocol may be asserted directly against any person providing insurance, tain such claims for compensation.
bonds or other financial guarantees. The insurer or the person providing the financial guarantee
shall have the right to require the person liable under Article 4 to be joined in the proceedings.
Insurers and persons providing financial guarantees may invoke the defences which the person Article 18: Related Actions
liable under Article 4 would be entitled to invoke.
1. Where related actions are brought in the courts of different Parties, any court other than the court first
5. Notwithstanding paragraph 4, a Contracting Party shall, by notification to the Depositary at seized may, while the actions are pending at first instance, stay its proceedings.
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 pursuant to paragraph 4. The Secretariat shall ma- 2. A court may, on the application of one of the Parties, decline jurisdiction if the law of that court permits
intain a record of the Contracting Parties who have given notification pursuant to this paragraph. the consolidation of related actions and another court has jurisdiction over both actions.

3. For the purpose of this Article, actions are deemed to be related where they are so closely connected
that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgements
resulting from separate proceedings.

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