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Transboundary movement under the Protocol

This document outlines the key aspects of liability limits and insurance requirements concerning transboundary movements under Protocol 1. It discusses the conditions that must be fulfilled for damage claims, including loss of life, personal injury, property damage, and environmental reinstatement costs. The liability limits are quantitatively specified in Special Drawing Rights (SDR), with set thresholds depending on the weight of materials involved. The text emphasizes the necessity for responsible parties to maintain adequate financial guarantees or insurance to cover potential liabilities as defined in Article 4 of the Protocol.

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Transboundary movement under the Protocol

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  1. A B Transboundary movement under the Protocol 1

  2. Action caused under the scope of the protocol Must have caused the damage Limited liability 2

  3. The limits of the liability The limits of the insurance fixed flexible 3

  4. Determined by domestic law For notifier……. For disposer 2 Million SDR Up to 5 tonnes : 1 million SDRUp to 25 tonnes : 2 million SDR Up to 50 tonnes : 4 million SDRUp to 1000 tonnes : 6 million SDR Up to 10’000 tonnes : 10 million SDR+additional 1000 SDR for each additional tonne up to a maximum of 30 million tonnes 4

  5. Up to 5 tonnes 1 million SDR 2 million Sfr1.5 million USD 5

  6. Loss of life or personal injury Damage to property Loss of income directly deriving from a use of the environment Costs of reinstatement of theenvironment Cost of preventive measures 6

  7. + Loss of life or personal injury + Damage to property Loss of income directly deriving from a use of the environment - Costs of reinstatement of theenvironment - + Cost of preventive measures 7

  8. + Loss of life or personal injury + Damage to property + Cost of preventive measures - Loss of income directly deriving from a use of the environment Costs of reinstatement of theenvironment - 8

  9. 1.5 Mill $ + Loss of life or personal injury + Damage to property + Cost of preventive measures - Loss of income directly deriving from a use of the environment 10% Costs of reinstatement of theenvironment - 150‘000$ 9

  10. The persons liable under Article 4 shall establish and maintain during the period of the time limit of liability, insurance, bonds or other financial guarantees covering their liability under Article 4 of the Protocol……Article 14/1 Protocol 10

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