16th ELD Government Experts Meeting

Albert Borschette Conference Centre, room 1B,

rue Froissart 36 25 May 2016, 9.30 – 17.30

ELD Action Plan

ELD Report – Action Plan (1)

• Support MS implementation with proactive information

and capacity building actions such as • awareness raising and information,

• stakeholder and practitioner exchange and communication at all levels,

• training seminars and an assessment centre or experts network ("Clearing house" function) for all practitioners

• Review the interpretation of key concepts and definitions of the Directive, in particular in relation to "significance", "favourable conservation status", "preventive action", "baseline condition" etc. with a view to promote more uniform interpretation and a more level playing field

ELD Report – Action Plan (2)

• Establish an EU register of ELD cases to help

practitioners in practical implementation (competent authorities, financial security providers, operators, NGOs, the Commission)

• Develop an agreed set of indicators for purposes of future regulatory monitoring and gather and publish data on the application of the Directive in the MS in view of the next REFIT evaluation (effectiveness, efficiency, coherence) in relation to the overall situation in the EU

ELD Report – Action

Plan/Recommendations (1) • "Over the next years, the key priority for the Commission

will be to promote alignment of national solutions and practices within the framework provided by the Directive and to identify on how this can be applied effectively and coherently in a wider legal liability framework. Efforts also need to be made to improve the evidence base on the actual impacts of the ELD, both on the environment and on relevant stakeholders. … The Commission services will therefore propose a multi-annual rolling work programme to Member States’ experts and stakeholders in order to improve the evidence base and help align

national solutions."

ELD Report – Action

Plan/Recommendations (2) • "Doing so will require improvements in the collection of

data on ELD cases in those Member States that have not yet established registers. … More information is needed to identify the precise reasons and impacts of the divergent solutions in Member States. … Furthermore, developing effective regulatory monitoring as set out in the Better Regulation Guidelines (SWD(2015)110) should ensure a more robust and conclusive evaluation of the Directive in the future. It will therefore be necessary to discuss with all relevant stakeholders and the Member States how this evidence base can be improved."

ELD Report – Action

Plan/Recommendations (3) • "More importantly, steps could be taken to build more

administrative capacity and boost supporting implementation instruments. ... Moreover, the Commission will continue to provide administrative support measures, such as

• (a) guidance or interpretative notices on key issues ('significance');

• (b) training programmes; and

• (c) helpdesks for practitioners (covering competent authorities, operators, loss adjusters, financial security providers, affected individuals, NGOs, etc.) providing information, assistance and assessment support for risk and damage evaluations."

ELD Report – Action

Plan/Recommendations (4) • "To complement these efforts, the Commission

recommends that all Member States undertake to:

• support their implementation efforts with proactive initiatives (such as guidance documents, training, electronic tools for risk analysis, baseline setting, financial security models etc.) as some Member States have done already;

• exchange administrative experiences and best practices and support each other in capacity-building efforts;

• review their interpretation of key provisions of the Directive, in particular in relation to 'significance'; …"

ELD Report – Action

Plan/Recommendations (5) • "To complement these efforts, the Commission

recommends that all Member States undertake to:

• …

• record data on ELD incidents and publish ELD registers if they have not done so already;

• systematically gather the necessary data that can document that the application of the Directive in their country is effective, efficient and in line with the overall situation in the EU."

http://ec.europa.eu/environment/liability/index.htm E:mail: Hans.Lopatta@ec.europa.eu

• Member States’ reports by April 2013:

• Annex VI ELD • Questionnaire useful? • Records of ELD cases

• Commission report by April 2014: • 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 !