1. Support in the implementation of the REFIT actions for ELD phase 2
March 2018
Support in the implementation of the REFIT actions for ELD phase 2
Marta Ballesteros

2. Support in the implementation of the REFIT actions for ELD
Objectives
General: Follow up of 1 phase to implement the ELD REFIT Report
Specific project objectives:
To increase the knowledge/evidence on ELD implementation covering its functioning, effectiveness and efficiency
Development of an ELD information system for collecting in a systematic and structured way data on ELD implementation at national and EU level
Improving capacity building and training material

3. Support in the implementation of the REFIT actions for ELD
Project’s Tasks
Task 1: Compiling relevant data from Member States and stakeholders, including information on prevention and precautionary effects
Task 2: Completing the ELD Information System and the Country fiche template
Task 3: Updating ELD training and capacity building material and developing an IT help desk for an environmental damage and evaluation risks

4. Task 1 Compiling relevant data from Member States and stakeholders
The project consortium
Desk Research
Covering 28 Member States following the information gathered in Phase 1
Media
EU wide bodies and International Conventions
Systematic iterative approach to Member States
Bilateral contacts with 15 Member States
Compiling alternative data from other sources: Stakeholders
Focus groups
Individual meetings
Workshop

5. Task 1 and 2 Compiling relevant data from Member States and stakeholders
Scope
Structural approach to incidents of environmental damage
ELD cases – ELD Database
Evidence on prevention and precautionary effects in ELD cases
Tools
Template for gathering information
Country fiche (Task 2)
ELD Information System (Task 2)

6. Task 1 and 2 Compiling relevant data from Member States and stakeholders
Template and Country fiche based on a conceptual framework :
Environmental damage (incl ELD case);
Definition of ELD objective - assessment
ELD regime –
definition of operator and damages
Notification of damage and liability
Definition of type of liability
Preventive and remedial measures taken
Compensatory remediation (interim loss pending full recovery)
Financial securities applicable

7. Task 1 and 2 Compiling relevant data from Member States and stakeholders
Country fiche
Legal framework and administrative structure
State organisation and law system
Enforcement of environmental damage (administrative, civil and criminal)
ELD legal and administrative framework (CA, transposing legislation…)
Facts and Figures – aggregated
On Environmental damage
Number of Environmental incidents (databases, links…)
Number of cases causing damage to water, land, biodiversity,
Number of ELD cases in relation to the total number of incidents

8. Commission assessment
Task 1 and 2 Compiling relevant data from Member States and stakeholders
Country fiche
Facts and Figures – aggregated
On ELD cases
Total number of ELD case, number per type of damage,
Cases where preventive, remediation or compensatory measures were taken & impacts
Financial security instrument/ insurance instruments for ELD available on the market
Number of risk assessments & operators with risk management systems
Outlook
Actions in relation to environmental incidents
Actions in relation to ELD cases
Commission assessment

9. Task 1 and 2 Country Fiche Current drafts from desk research:
BE; DK; ES; EL; CY; HU; IE; IT; MT; LV; PL; PT; RO; SE; SK; UK
Key sources of information:
Phase 1 documents
National Reports and REFIT report and previous studies
International Disaster Database. EM-DAT
RAPID (Nat Cat)
WISE
RISI
European Pollutant Release and Transfer Register - E-PRTR
eMARS – Major accident reporting system:

10. Task 1 and 2 Country Fiche Key issues :
Disparate numbers for incidents of environmental damage and ELD cases. Numbers are not clear
Data on environmental damages exists but often in different places; some Member State have registers of incidents of environmental damage or of ELD (not always publicly available).
Existing enforcement or liability regimes for preventing and remediating pollution are used in priority to the ELD in most MS (but no in some such as PL or PT).
There is generally lack of clarity about how these systems interrelate, overlaps and added value.
They are systems under Administrative (ELD or sectoral legislation) Criminal law and sometimes Civil law.
They generally cover preventing and remediating water pollution and biodiversity damage. While land/soil contamination is linked to waste and water pollution.
Notifications of incidents linked to licenses are dealt with under the sectorial legislation, but in the PRTR from industrial emissions (IED) or eMARS (major accidents) not always considered incidents of environmental damage/ELD.
No information is systematically collected on cases where liability is attributed to private operator.

11. We are interested on the sources/links
Task 1 and 2 Compiling relevant data from Member States and stakeholders
Template for gathering information on information sources/databases
We are interested on the sources/links
Linked to the development of the ELD Database & ELD Information system:
Collection of data on sources/databases
Collection of data on Individual ELD cases
General information on individual cases:
Date, activity according to classification code, defences applied
Criteria justifying the classification as ELD
Information on prevention measures
Information on remediation measures
Information on Financial Security measures

12. Feedback on Country fiche
Task 1 and 2 Compiling relevant data from Member States and stakeholders
We need your input
Feedback on Country fiche
Sources of information on environmental incidents
Sources of information on ELD cases at national level
Data on environmental incidents
Data on ELD cases

13. Task 3 ELD Information system
Updating ELD training and capacity building material
Review of the existing EU training material
Integration of key concepts interpretation as developed in Phase 1
Identification of relevant material at national level: Guidance documents
Implementation issues that could be improved with training
Development of case studies

14. Task 3 ELD Information system
Developing an IT help desk for assessment of environmental damage and evaluation risks and financial securities
Collaboration with IMPEL
Definition of the scope
Analysis of existing tools
Feasibility assessment (content and IT)
Development of prototype

15. Key project milestones
TASKS 1 and 2
February:
Meeting group of stakeholders
February - March 2018:
Template for a collecting information and Country fiche
March – October 2018: Gathering of data
Draft country fiches
Meeting individual stakeholders: e.g. FERMA (20/03/2018)
Fine-tuning the ELD Information system
April – October 2018
Collecting information from authorities: Draft country fiches
November 2018 – March 2019
Development of ELD information system

16. Key project milestones
TASK 3
March – April : definition of scope
April – June: Analysis of existing initiatives
July – September: Feasibility analysis
October 2018: first draft of IT prototype for help desk
November – February 2019: development of IT prototype and testing

17. Key project milestones
TASK 4
17 April 2018: 19th ELD Expert Group Meeting
April – September: Visits if necessary
November 2018: 20th ELD Expert Group Meeting
First half of 2019: 21st ELD Expert Group Meeting
Stakeholders Workshop

18. Any comments or questions?
Support in the implementation of the REFIT actions for ELD
Any comments or questions?