DOC14 – ELD MAWP 17th 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 Purpose Prevention and remediation of damage to the environment Implementation of the polluter-pays principle Providing sufficient financial security for ELD liabilities

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 tailored instrument, 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 (3) Process Next envisaged update End of 2017 Annual adaptation according to needs Next envisaged update End of 2017 Put for endorsement of the ELD government experts group 17th ELD EG Meeting 28 February 2017 Draft MAWP circulated for comments Middle of September 2016 Early November 2016

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

Financial security guidance – IMPEL project 2016/17 ELD MAWP 2017 – 2020 (5) Content Three Main Pillars Enhancing the evidence base – concept for assessment framework and ELD registry Financial security guidance – IMPEL project 2016/17 Supporting better implementation – review of ELD training and capacity building concept 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 implementation of 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 security for 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? Platform for discussion Set-up of sub-groups Rules of Procedures

ELD MAWP 2017 – 2020 (10) Discussion: Chapter 7 Conclusions and Outlook on MAWP Thematically structured working basis Rolling work programme (adaptable) Setting the frame for the next evaluation of the ELD Improving ELD implementation & contributing to EIR Priority setting & practical arrangements

Thank you for your attention ! 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 !