ELD Review Points COM Report 2 0 1 4 : Data basis 1 . Mem ber - - PowerPoint PPT Presentation

2 nd ELD Stakeholder Conference 'Evaluating the experience gained in

the ELD I m plem entation'

ELD Review Points

COM Report 2 0 1 4 : Data basis

1 . Mem ber States reports 2 . Com m ission report 2 0 1 0 : Conclusions 3 . Review points pursuant to Art. 18(3) ELD 4 . Supplem entary inform ation from experts and stakeholder meetings and Commission studies 2012 and 2013

ELD – Report 2 0 1 0 : Conclusions

I ssues to be addressed:

• Scope of Directive: Gap as regards damage to water beyond

territorial waters (cf. Deepwater Horizon incident)

• Lack of experience and of data impede in particular the

development of financial security products and does not allow to draw reliable conclusions on mandatory financial security

• Diverging national transposing rules potentially create difficulties

for example to financial security providers

• Uneven implementation of the permit and state of the art

defences

• Uneven extension of the scope to cover species and natural

habitats protected under domestic law

COM Report 2 0 1 4 - Review points according to Article 1 8 ( 3 ) ELD

• 1. Application of the I nternational Conventions

listed in Annexes IV and V ELD (IMO, nuclear)

• 2. Application of the Directive to environmental

damage caused by GMOs

• 3. Application of the Directive in relation to

protected species and natural habitats

• 4. Instruments that may be eligible for inclusion in

Annexes I I I (list of dangerous activities), I V or V

New Com m ission studies 2 0 1 3

Follow ing the ELD I m plem entation Study 2 0 1 2 , and to inform the ELD report and review through supplem entary inform ation:

• Legal analysis: Completion of the legal part in the 2012

study covering 16 MS, the remaining 11 MS pursuant to the same template

• Biodiversity dam age: following from Article 18(3) ELD,

ELD Report 2010 and ELD Implementation Study 2012

• ELD effectiveness: following from Article 18(3) ELD, ELD

Report 2010 and ELD Implementation Study 2012

New Com m ission studies 2 0 1 3

Biodiversity Dam age:

• Assess the experience in practical im plem entation of

the ELD in relation to dam age to protect:

• W hat are the m ain challenges and obstacles draw n from

practical experience?

• Does the different definition of biodiversity dam age ( EU scope
• vs. national extension) call for further harm onisation?
• How are concepts and definitions applied? W hat are the m ain

approaches to tackling biodiversity dam age?

• W hat are the potential differences and how is the relationship

betw een ELD and Habitats and Birds Directives re species and habitats protection?

• Draw ing up a register of inform ation sources and

m ethodological approaches for the determ ination of "baseline condition"

New Com m ission studies 2 0 1 3

ELD Effectiveness ( Scope and Exceptions) :

• Application of I nternational Conventions listed in Annexes I V

and V: Are there substantial differences regarding environm ental dam age rem ediation deriving from incidents under I nternational Conventions and from the ELD? Are other international instrum ents eligible for incorporation into ELD?

• Scope of strict liability, Annex I I I : I s the scope of strict liability

about right? I s Annex I I I encom passing all dangerous activities?

• Scope of environm ental dam age: Are the environm ental sectors

included ( nature, w ater, land) the m ost im portant and clearly defined? I s there need for further harm onisation/ stream lining?

• Appropriateness of significance thresholds: Should land

dam age rem ediation standard be aligned? Should significance criteria for w ater dam age be developed and provided?

• Application of perm it and state of the art defence: nI s there a

need for harm onisation? How often w ere these defences invoked?

http:/ / ec.europa.eu/ environm ent/ liability/ index.htm

E:m ail: Hans.Lopatta@ec.europa.eu

• Mem ber States’ reports by April 2 0 1 3 :
• Annex VI ELD
• Questionnaire useful?
• Records of ELD cases
• Com m ission report by April 2 0 1 4 :
• International instruments in Annexes IV and V (IMO,

Euratom), considering eventual studies by the IOPCF

• GMOs: Nagoya-Kuala Lumpur Supplementary Protocol on

Liability and Redress under the Cartagena Protocol

• Application of ELD to protected species/ natural habitats
• Instruments for incorporation into Annexes III, IV and V
• Mandatory vs. voluntary security; financial security in

particular for large scale accidents (2010 ELD Report)

Thank you for your attention !