Basel Protocol Ratification

Ms. Alena MÁTEJOVÁ

Ministry of Foreign Affairs of the Slovak Republic

Warsaw, 18-20 January 2006

Two points of ratification procedure in the Slovak Republic

•International aspect of ratification procedure

•Internal aspect of ratification procedure

International aspect

• The Basel Protocol - elaborated in accordance with Article 12 of the Basel Convention

Article 12 of the Basel Convention

The parties shall co-operate with a view of adopting, as soon as practicable, a protocol setting out appropriate rules and procedures in the field of liability and compensation for damage resulting from the transboundary movement and disposal of hazardous wastes and other wastes

The Basel Convention – the Slovak Republic

• Contracting party of the Basel Convention• The former Czechoslovakia acceded to the

Convention on 24 July 1991• The Slovak Republic

- Notification of succession on 28 May 1993

- Effective retroactively from 1st January

1993

Basel Protocol

• Adopted in 1999

• Subject to ratification acceptance or approval by States and to formal confirmation or approval by regional economic integration organizations

• Has not yet entered into force

• 20 ratifications required for entry into force

Basel Protocol –

the Slovak Republic Not signed the Basel ProtocolProcedure under Article 28 para 1 of the

Basel Protocol

Article 28 Para 1 of the Basel Protocol

Accession

The Protocol shall be opened for accession by any states and by any regional economic integration organization Party to the Basel

Convention which has not signed the Protocol

Instrument of accession

Shall be deposited with the Depositary –

the Secretary - General of the United Nations

Internal aspect of ratification procedure

Under the Constitution of the Slovak Republic the President negotiates and ratifies international treaties, inter alia.

The President has delegated the negotiating of international treaties to the Government of the Slovak Republic or, upon the consent of the Government, to its individual members (the Ministers)

Types of international treaties:

Presidential treatiesGovernmental treaties Departmental treaties

Presidential treaties (1)

• International treaties on human rights and fundamental freedoms

• International political treaties

• International treaties of a military character

• International treaties from which a membership of the Slovak Republic in international organizations arises

• International economic treaties of a general character

• International treaties for whose exercise a law is necessary

• International treaties which directly confer rights or impose duties on natural persons or legal persons

Presidential treaties (2)

• The approval with the international treaty by the National Council of the Slovak Republic before ratification by the President of the Slovak Republic is required for the validity treaties above mentioned

Governmental treaties

• The President of the Slovak Republic has delegated such treaties to the Government of the Slovak Republic

• The approval is not required by the National Council of the Slovak Republic

Departmental treaties

• The President of the Slovak Republic has delegated such treaties to the Government of the Slovak Republic and upon the consent of the Government, to its individual members (the Ministers)

• The validity of international treaties does not require the approval of the National Council of the Slovak Republic and the Government of the Slovak Republic

Drafting of international treaties

Drafting of international treaties including the liability for whole domestic ratification procedure belong to the competence of each relevant authorities in the Slovak Republic – the ministries and the central state authorities, laying down by the Jurisdictional code

Ministry of Environment of

the Slovak Republic • Has the leading role during whole ratification

procedure of the Basel Protocol on Liability• As a general sponsor, the Ministry shall initiate

and prepare a draft for the Government of the Slovak Republic

• The draft has to be consulted with each of the ministries and the central authorities of the Slovak Republic by public procedure

Accession procedure

• If the Government of the Slovak Republic approves the proposal of accession, the National Council of the Slovak Republic shall express their consent

• The President of the Slovak Republic shall sign the accession instrument

Ministry of Foreign Affairs of the Slovak Republic

• The signature of accession instrument by

the President of the Slovak Republic

• The deposit of accession instrument to the Secretary- General of the United Nations

• The publication of notification after the Protocol coming into force

Ministry of Environment of the Slovak Republic

Shall adopt all appropriate measures required by the Protocol

Basel Protocol

Thank you for your attention

E-mail address: alena_matejova@foreign.gov.sk