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? Thank you for your attention ! • 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)
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