Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment

 

Chapter I — General provisions

Article 1 — Object and purpose

This Convention aims at ensuring adequate compensation for damage
resulting from activities dangerous to the environment and also provides
for means of prevention and reinstatement.

Article 2 — Definitions

For the purpose of this Convention:

1. “Dangerous activity” means one or more of the following activities
provided that it is performed professionally, including activities
conducted by public authorities:

a the production, handling, storage, use or discharge of one or more
dangerous substances or any operation of a similar nature dealing
with such substances;

b the production, culturing, handling, storage, use, destruction,
disposal, release or any other operation dealing with one or more:

— genetically modified organisms which as a result of the
properties of the organism, the genetic modification and the
conditions under which the operation is exercised, pose a
significant risk for man, the environment or property;

— micro-organisms which as a result of their properties and the
conditions under which the operation is exercised pose a
significant risk for man, the environment or property, such as
those micro-organisms which are pathogenic or which produce
toxins;

c the operation of an installation or site for the incineration,
treatment, handling or recycling of waste, such as those
installations or sites specified in Annex II, provided that the
quantities involved pose a significant risk for man, the
environment or property;

d the operation of a site for the permanent deposit of waste.

2. “Dangerous substance”means:

a substances or preparations which have properties which constitute a
significant risk for man, the environment or property. A substance
or preparation which is explosive, oxidizing, extremely flammable,
highly flammable, flammable, very toxic, toxic, harmful, corrosive,
irritant, sensitizing, carcinogenic, mutagenic, toxic for
reproduction or dangerous for the environment within the meaning of
Annex I, Part A to this Convention shall in any event be deemed to
constitute such a risk;

b substances specified in Annex I, Part B to this Convention.
Without prejudice to the application of sub-paragraph a above,
Annex I, Part B may restrict the specification of dangerous
substances to certain quantities or concentrations, certain risks
or certain situations.

3. “Genetically modified organism”means any organism in which the
genetic material has been altered in a way which does not occur naturally
by mating and/or natural recombination.

However, the following genetically modified organisms are not covered by
the Convention:

— organisms obtained by mutagenesis on condition that the genetic
modification does not involve the use of genetically modified
organisms as recipient organisms; and

— plants obtained by cell fusion (including protoplast fusion) if the
resulting plant can also be produced by traditional breeding
methods and on condition that the genetic modification does not
involve the use of genetically modified organisms as parental
organisms.

“Organism”refers to any biological entity capable of replication or of
transferring genetic material.

4. “Micro-organism”means any microbiological entity, cellular or
non-cellular, capable of replication or of transferring genetic material.

5. “Operator”means the person who exercises the control of a dangerous
activity.

6. “Person”means any individual or partnership or any body governed by
public or private law, whether corporate or not, including a State or any
of its constituent subdivisions.

7. “Damage”means:

a loss of life or personal injury;

b loss of or damage to property other than to the installation itself
or property held under the control of the operator, at the site of
the dangerous activity;

c loss or damage by impairment of the environment in so far as this
is not considered to be damage within the meaning of sub-paragraphs
a or b above provided that compensation for impairment of the
environment, other than for loss of profit from such impairment,
shall be limited to the costs of measures of reinstatement actually
undertaken or to be undertaken;

d the costs of preventive measures and any loss or damage caused by
preventive measures,

to the extent that the loss or damage referred to in sub-paragraphs a to
c of this paragraph arises out of or results from the hazardous
properties of the dangerous substances, genetically modified organisms or
micro-organisms or arises or results from waste.

8. “Measures of reinstatement”means any reasonable measures aiming to
reinstate or restore damaged or destroyed components of the environment,
or to introduce, where reasonable, the equivalent of these components
into the environment. Internal law may indicate who will be entitled to
take such measures.

9. “Preventive measures”means any reasonable measures taken by any
person, after an incident has occurred to prevent or minimise loss or
damage as referred to in paragraph 7, subparagraphs a to c of this
Article.

10. “Environment”includes:

— natural resources both abiotic and biotic, such as air, water,
soil, fauna and flora and the interaction between the same factors;

— property which forms part of the cultural heritage; and

— the characteristic aspects of the landscape.

11. “Incident”means any sudden occurrence or continuous occurrence or
any series of occurrences having the same origin, which causes damage or
creates a grave and imminent threat of causing damage.

Article 3 — Geographical scope

Without prejudice to the provisions of Chapter III, this Convention shall
apply:

a when the incident occurs in the territory of a Party, as determined
in accordance with Article 34, regardless of where the damage is
suffered;

b when the incident occurs outside the territory referred to in
sub-paragraph a above and the conflict of laws rules lead to the
application of the law in force for the territory referred to in
sub-paragraph a above.

 

Author: international

Mentioned in these Entries

Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 2, Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 3, Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 4, Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 5, Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 6, International Conventions from 1991, Other Environmental conventions.