1. DOC14 – ELD MAWP
17th ELD Government Experts Meeting Albert Borschette Conference Centre, room 1C, rue Froissart February 2017, 9.30 – 17.30
ELD MAWP

2. 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

3. 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

4. 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

5. 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 ( – )
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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. Thank you for your attention !
E:mail:
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 !