RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 19, 2002 No. 1219

About approval of the Procedure and rules of carrying out compulsory liability insurance of the exporter and person who is responsible for utilization (removal) of dangerous wastes, concerning indemnification which can be caused to health of the person, property and the surrounding environment in case of cross-border transportation and utilization (removal) of dangerous wastes

According to Item 20 parts one and parts two of article 7 of the Law of Ukraine "About insurance" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure and rules of carrying out compulsory liability insurance of the exporter and person who is responsible for utilization (removal) of dangerous wastes concerning indemnification which can be caused to health of the person to property and the surrounding environment during cross-border transportation and utilization (removal) of dangerous wastes (are applied).

2. This resolution becomes effective since September 1, 2002.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2002 No. 1219

Procedure and rules of carrying out compulsory liability insurance of the exporter and person who is responsible for utilization (removal) of dangerous wastes concerning indemnification which can be caused to health of the person, property and the surrounding environment in case of cross-border transportation and utilization (removal) of dangerous wastes

1. Compulsory liability insurance of the exporter and person who is responsible for utilization (removal) of dangerous wastes concerning indemnification who can be caused to health of the person, property and the surrounding environment in case of cross-border transportation and utilization (removal) of dangerous wastes (further - compulsory insurance) is carried out for the purpose of providing indemnification, to the caused health of the person, property and the surrounding environment owing to emergence of insured events.

2. In these the Procedure and rules terms are used in the values given in the Basel convention about control of cross-border transportations of dangerous wastes and their removal (1989), the Laws of Ukraine "About insurance", "About waste", Regulations on the control of cross-border transportations of dangerous wastes and their utilization / removal approved by the resolution of the Cabinet of Ministers of Ukraine of July 13, 2000 N 1120 (The Official Bulletin of Ukraine, 2000, N 29, the Art. 1217).

3. Subjects of compulsory insurance are insurers, insurers and the third parties to whom harm is done.

Insurers are exporters of dangerous wastes and persons who are responsible for utilization (removal) of dangerous wastes.

Insurers - legal entities, residents of Ukraine who obtained in accordance with the established procedure the license for carrying out compulsory insurance.

The third parties - physical persons or legal entities to which harm in case of cross-border transportation and utilization (removal) of dangerous wastes is done, and also physical persons and legal entities which performed preventive actions.

4. Object of compulsory insurance are valuable interests which do not contradict the legislation and are connected with compensation by the insurer of the harm done to the third parties and the surrounding environment in case of cross-border transportation and utilization (removal) of dangerous wastes.

5. Insurance risks on which case compulsory insurance is led is the harm done to health of physical persons, property of any subjects, the surrounding environment in case of cross-border transportation and utilization (removal) of dangerous wastes.

6. The insured event is event which took place during cross-border transportation and utilization (removal) of dangerous wastes owing to which harm is done to health of physical persons, property of any subjects, the surrounding environment and there was civil responsibility of the insurer concerning compensation of this harm by it.

Set of all claims and the claims made by the third parties concerning the indemnification caused by one event are considered as one insured event.

7. Insurance sum is the sum of money in which borders the insurer according to terms of the contract of compulsory insurance shall perform insurance payment to the insurer or for its order to the third parties in case of loss occurrence.

8. The insurance sum is determined in the following size:

a) for the exporter of dangerous wastes for transportation of dangerous wastes weighing up to 1 ton inclusive - 200 thousand hryvnias, from 1 to 5 tons inclusive - 1 million hryvnias, from 5 to 25 tons inclusive - 2 million hryvnias, from 25 to 50 tons inclusive - 4 million hryvnias, from 50 to 1000 tons inclusive - 6 million hryvnias, from 1000 to 10000 tons inclusive - 10 million hryvnias, and also in addition 500 hryvnias for ton in case of transportation of such waste weighing over 10000 tons, but are no more than 30 million hryvnias;

b) for person who is responsible for utilization (removal) of dangerous wastes, - 2 million hryvnias.

9. Insurance payments are distributed according to terms of the contract of compulsory insurance. In case of damnification at least 55 percent of insurance sum shall be directed to the surrounding environment to its compensation. The specified funds are allocated in state, republican the Autonomous Republic of Crimea and local funds of protection of the surrounding environment according to the legislation.

10. The maximum size of insurance rates is established:

a) for the exporter of dangerous wastes - 0,25 of percent of insurance sum;

b) for person who is responsible for utilization (removal) of dangerous wastes, - 0,2 of percent of insurance sum.

11. The conclusion of agreements of compulsory insurance is performed in accordance with the established procedure in form according to appendix.

12. The agreement of compulsory liability insurance of the exporter of dangerous wastes is signed between the insurer and the insurer about day of departure of the message on cross-border transportation of dangerous wastes to competent authorities of the interested states.

13. The agreement of compulsory liability insurance of person who is responsible for utilization (removal) of dangerous wastes consists between the insurer and the insurer about day of receipt of the Ministry of the environment by the importer of written consent to import of dangerous wastes.

14. In case of loss occurrence the insurer shall in three-day time after receipt of information on its approach inform the insurer.

15. For receipt of insurance indemnity to the insurer the following documents are filed:

the statement for payment of insurance indemnity with indication of circumstances and the reasons of loss occurrence which are known at the time of submission of the statement;

copy of the insurance contract;

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