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DOC14 – ELD MAWP. 17 th ELD Government Experts Meeting Albert Borschette Conference Centre, room 1C, rue Froissart 36 28 February 2017, 9.30 – 17.30. ELD MAWP. ELD MAWP 2017 – 2020 (1) Purpose. OBJECTIVES Making the Environmental Liability Directive more fit for Pur pose.
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DOC14 – ELD MAWP 17th ELD Government Experts MeetingAlbert Borschette Conference Centre, room 1C, rue Froissart 3628 February 2017, 9.30 – 17.30 ELD MAWP
ELD MAWP 2017 – 2020 (1)Purpose OBJECTIVES Making the Environmental Liability Directive more fit for Purpose
ELD MAWP 2017 – 2020 (2) Nature • Work Programme to frame and implement the appropriate actions resulting from the REFIT evaluation Joint effort between the Commission, Member States and ELD stakeholders • Non-binding, flexible and tailoredinstrument, allowing also for partial participation • Multiannual Work Programme: 2017 – 2020, to be fine-tuned before the end of each year • Rolling Work Programme: subject to modifications and adaptations each year according to agreed needs
ELD MAWP 2017 – 2020 (4) Contractual process support • Framework contract for services • "Administrative, technical and legal support for the implementation of environmental governance instruments and policies" • Specific contract implementing the framework contract "Support in the implementation of the REFIT actions for the Environmental Liability Directive (ELD) - phase 1" • Milieu Ltd: 12 months (21.12.2016 – 20.12.2017) • Five main tasks: (1) assessment framework and ELD register (2) common understanding document (3) capacity building including training (4) October workshop (5) consultation, communication, dissemination
ELD MAWP 2017 – 2020 (5) Content 2017/2018
ELD MAWP 2017 – 2020 (6)Discussion: Chapters 1, 2, 3 • Cover page : logo, date, text • Introduction: bracketed text, conclusion • Background and context : Patchwork, under-use, knowledge gaps • Recommendations ELD report & REFIT evaluation • Co-existence with other liability instruments • ELD government experts group • Objectives and priority setting: better environmental protection
ELD MAWP 2017 – 2020 (7)Discussion: Chapter 4 Working Areas • Improve the evidence base for the evaluation of the ELD, so that empirical knowledge about the functioning of the ELD yields a clearer picture • Support the implementationof the ELD so that the potential of the ELD is significantly better exploited and the ELD is used more evenly across all Member States • Promote the availability of financial securityfor ELD liabilities across the EU to ensure that potentially liable operators have sufficient financial capacity to meet their liabilities
ELD MAWP 2017 – 2020 (8)Discussion: Chapter 4 Key Activities Improving the evidence base: • Assessment framework concept development, incl. registry • Testing and implementing the concept Supporting ELD implementation through tools and measures: • Developing a better common understanding of key concepts • Elaboration & implementation of a capacity building concept Ensuring sufficient financial security to cover ELD liabilities: • Better understanding of availability and suitability of financial tools – developing guidance & decision making tool • Investigation on availability and demand of sufficient financial security for ELD liabilities in the EU
ELD MAWP 2017 – 2020 (9)Discussion: Chapters 5 and 6 • Stakeholder engagement : A variety of approaches • Working arrangements and practicalities : Other?
ELD MAWP 2017 – 2020 (10)Discussion: Chapter 7 Conclusions and Outlook on MAWP
http://ec.europa.eu/environment/liability/index.htmE: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 !