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eftec STRATUS
CONSULTING
TRAINING AND INFORMATION MATERIALS FOR THE ELD
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Outline
The project
Outputs
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The projects
Training materials: handbooks and slides (downloadable)
– ½ Day: general audience, high level decision maker
– 1 Day: more technical detail
– 2 Days: for those who will undertake assessments
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Why these projects? Slow transposition and ‘quiet’
implementation of ELD
– Combination with existing legal frameworks
– Challenging technical requirements
– Framework character of the ELD
‘demystify’ the ELD
– does not necessarily mean ‘simplify’
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Why training materials? Create training materials that
– Facilitate a wider and better understanding of the ELD
– Reduce perceived transaction costs
– Involve stakeholders
– Be comprehensive but succinct and clear
– Have different levels of output
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Project methodology
Initial preparation
Draft outline
Webinars to test
Test workshops
Redraft
Consultation
Finalise
Focus on the coverage of ELD and technical background…refer to MS guidance
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Key questions
What is ELD for?
How to judge if ELD applies to an activity?
How to judge if ELD applies to an incident?
Who does what? (obligations, possible roles and rights)
What are the types of remediation to consider?
How to decide how much remediation is enough?
Which costs are recoverable and from whom?
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© European Commission, eftec, Stratus Consulting 8
© European Commission, eftec, Stratus Consulting 9
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No
Yes
Is an ELD resource or service damaged or
under threat?
No
Yes
Has the threat/damage
occurred in ELD time limit?
No
Yes
Does any of the ELD exemptions or
defences apply?
Is threat or damage
significant?
No
Yes
ELD Applicable. All necessary actions to be taken by liable
parties.
Not covered by the ELD but
could be covered by other
national or international law
Who does What? Pre-incident
• May encourage or take preventative measures
• Shall encourage or require financial security
Competent authority
• May choose to implement measures to reduce risk
• May/must arrange for financial security
Operator
• respond to requests for adequate financial security
• consider undertaking assessments of potential risks, costs and premiums for adequate financial security
Financial security providers
• technical input to measures to reduce risk of imminent threat and damage
Experts
Who does What? Post-incident
• assess, review and oversight of imminent threat or damage assessment and remediation option selection, design and implementation
• monitor the outcomes
Other Experts
• Take immediate steps to stop the incident, prevent further damage, repair the damage. Immediately report the damage or threat to the CA.
• Immediately report the damage or threat to the CA. • Take steps to implement (or fund) all necessary remediation, as directed by
the CA. • Pay relevant costs as required
Operator
• Determine whether the case is covered by the ELD
• If so, identify liable operator(s) and establish type of liability
• Work with operator(s) to ensure preventative and remediation measures are undertaken
• Claim necessary costs from the operator(s) (if CA undertakes the remediation actions) (allocate costs in case of multi-party liability)
• Oversee the financial security instrument
Competent Authority
• contribute to damage and remediation assessment
Financial Security Providers
Anatomy of damage
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The ELD Assessment Process
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Should an ELD
assessment be performed?
Identify and quantify the types
and extend of damage
Identify and quantify the
benefits from remediation
Ensure that the credits from
remediation offset damage
Develop monitoring plans to
ensure benefits and report?
Step 1:
Preliminary Evaluation
Costs and financing
Admissible costs
Types of liability
Financial security
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Flexibility is the key
Training sessions tailor-made to individual groups should be designed using this material
Individual delivery would inevitably differ
Member State specific information needs to be added
Interactive web page needs to be uploaded
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Information materials
Brochure: http://ec.europa.eu/environment/legal/liability/pdf/ELD%20brochure.pdf
Factsheet:
(not on the ELD webpage at the moment) http://ec.europa.eu/environment/pubs/pdf/factsheets/eld/en.pdf
© European Commission, eftec, Stratus Consulting 18
For more information
European Commission ELD website:
http://ec.europa.eu/environment/legal/liability/index.htm
Corresponding author for the training materials:
Ece Ozdemiroglu (eftec): [email protected]
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