The Reciprocal Relationship of Environmental Responsibility and Liability: What are the Chances?
|
|
- Clinton Wilkins
- 6 years ago
- Views:
Transcription
1 , Concentric rinds The Reciprocal Relationship of Environmental Responsibility and Liability: What are the Chances? Florina Popa, Flaminia Stârc-Meclejan West University of Timisoara, Faculty of Law
2 Relativity Where do we find ourselves? In a series of which we do not know the extremes, and believe that it has none. We wake and find ourselves on a stair; there are stairs below us, which we seem to have ascended; there are stairs above us, many a one, which go upward and out of sight... Ghostlike we glide through nature, and should not know our place again. Ralph Waldo Emerson
3 Directive 2004/35/EC with regard to the prevention and remedying of environmental damage the prevention and remedying of environmental damage should be implemented through the furtherance of the "polluter pays" principle and in line with the principle of sustainable development (recital 2)
4 Directive 2004/35/EC the fundamental principle should be to induce operators to adopt measures and develop practices to minimise the risks of environmental damage so that their exposure to financial liabilities is reduced
5 Romanian legislation concerning environmental liability GEO no. 68/2007 implementing Directive 2004/35/EC, complements GEO no. 195/2005 on environmental protection - Art. 95 (1) Liability for environmental damage shall be objective, independent of fault. In the case of a plurality of authors, they shall be held jointly liable.
6 "environmental damage stricto sensu Art. 2 (1) pt. 22 of GEO no. 195/2005 & Art. 2 pt. 12&13 of GEO no. 68/2007: (a) damage to protected species and natural habitats (b) water damage (c) land damage "damage" means a measurable adverse change in a natural resource or measurable impairment of a natural resource service which may occur directly or indirectly
7 environmental damage lato sensu environmental damage - the cost quantifiable effect of damage to human health, property or the environment caused by pollutants, harmful activities or disasters (Art. 2 (1) pt. 52 of GEO no. 195/2005) environmental damage stricto sensu + damage by ricochet (on human life & health, property)
8 Remedy both categories must be remedied: pure ecological damage, according to Art. 95 of GEO no. 195/2005 and GEO no. 68/2007, and the damage by ricochet based on the general rules concerning liability in the Civil code.
9 Remedy = "remedial measures" = any action(s), including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources and/or impaired services, or to provide an equivalent alternative to those resources or services (Annex II art. 2 pt. 10 GEO no. 68/2007) remedy in Civil code, as their aim is to return the damaged natural resources and/or impaired services to, or towards, baseline condition not to compensate them financially
10 Remedy does not apply to cases of personal injury, to damage to private property or to any economic loss and does not affect any right regarding these types of damage (Art. 3 (4) of GEO no. 68/2007), Rind
11 Responsible persons Environmental protection is an obligation of all natural and legal persons (Art. 35 (3) Constitution, Art. 94 (1) GEO no. 195/2005) GEO no. 68/2007: - establishes a framework based on the polluter pays principle - only refers to "operators of an occupational activity = activity carried out in the course of an economic activity, a business or an undertaking, of private or public, (non)-profit character - the establishment of a causal link between the activity and the damage is always required! (par ECJ Case C-378/08)
12 ECJ - Case C-378/08 ruling Directive 2004/35 does not preclude national legislation which allows the competent authority... to operate on the presumption, also in cases involving diffuse pollution, that there is a causal link between operators and the pollution found.... However, in accordance with the polluter pays principle, in order for such a causal link thus to be presumed, that authority must have plausible evidence capable of justifying its presumption, such as the fact that the operator s installation is located close to the pollution found and that there is a correlation between the pollutants identified and the substances used by the operator in connection with his activities.
13 ECrtHR In Tătar case (ECrtHR, Tătar v. Romania, 27 January 2009, 67021/01), the Court found that the applicant had failed to demonstrate a sufficient causal link between exposure to sodium cyanide and asthma conclusion of 3 scientific reports: the dose of sodium cyanide that can cause respiratory ailments such as asthma is not yet known + statistics are insufficient
14 ECrtHR EIA highlighted the risks of serious or irreversible damage entailed by the activity, but the operating conditions laid down by the Romanian authorities had been insufficient to preclude the possibility of serious harm in breach of the precautionary principle, according to which the absence of certainty with regard to current scientific and technical knowledge cannot justify any delay on the part of the State in adopting effective and proportionate measures
15 Judge Zupančič ECrtHR dissenting opinion in Tătar case precautionary principle is inherently nothing else from a legal point of view except a presumptio juris tantum. At the most abstract political level, this assumption overturns the common sense hypothesis that any industrial activity is harmless to the environment and the individual. This hypothesis has been considered common sense for many decades after the Industrial Revolution...
16 Request for action affected natural or legal persons and NGOs have the right to request the competent authority to take remedial action if they deem it necessary + they shall have access to a court to review the procedural and substantive legality of the decisions NGOs any NGO promoting environmental protection and meeting any other requirements under the law shall be deemed to have rights capable of being impaired for this purpose + they also have legitimatio ad causam - lex posterior derogat priori (Art. 20 (2) of GEO no. 68/2007 & Art. art. 37 CCP), Fishes in waves
17 Action "remedial measures" means any action, or combination of actions, including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources and/or impaired services, or to provide an equivalent alternative to those resources or services as foreseen in Annex II "preventive measures" means any measures taken in response to an event, act or omission that has created an imminent threat of environmental damage, with a view to preventing or minimising that damage
18 Preventive action where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures and to inform the competent authority of all relevant aspects of the situation (within 2 hours) shall be proportionate to the threat and not go beyond what is necessary in order to prevent the damage, in accordance with the precautionary decision making principle (Communication from the Commission on the precautionary principle (COM(2000) 1 final of 2 February 2000) )
19 precautionary decision making principle an emerging legal standard of care for corporations (see also M. Kerr, R. Janda, C. Pitts, Corporate Social Responsibility. A Legal Analysis, p. 388 et al.) corporations should invest in the research and development of sustainable products and services (M. Kerr et al., op. cit., p. 407) when the operator causing environmental damage or any imminent threat with such a damage is part of a consortium or of a multinational company, he shall be liable with the consortium or company in question - the corporate veil could be pierced if the entity causing the damage is a consortium or multinational company... (Art. 31 (3) GEO no. 68/2007), Knot
20 Thank you for your attention!, Concentric rinds
THE ENVIRONMENTAL LIABILITY REFERRING TO PREVENTING AND REMEDYING THE DAMAGE CAUSED TO THE ENVIRONMENT
Vasilica Negruţ 41 THE ENVIRONMENTAL LIABILITY REFERRING TO PREVENTING AND REMEDYING THE DAMAGE CAUSED TO THE ENVIRONMENT Vasilica NEGRUŢ Danubius University of Galati, Romania Abstract The environmental
More informationDamage remediation within annex II of the ELD
Damage remediation within annex II of the ELD Pierre Deusy-Fournier Sustainable Development and Economic Analysis 1 Background The Commission published in 1993 a Green Paper on environmental liability,
More informationThe Future Directive on Environmental Liability A tool to implement the precautionary principle?
IDDRI "European Precautionary practice" The Future Directive on Environmental Liability A tool to implement the precautionary principle? Dr. Peter Beyer Strict liability as foreseen by the future European
More informationImpacts of the 2004 Environmental Liability Directive on Liabilities in the Area of Polluted Soils and Sites Intersol March 18, 2008
Impacts of the 2004 Environmental Liability Directive on Liabilities in the Area of Polluted Soils and Sites Intersol March 18, 2008 Françoise Labrousse Jones Day (flabrousse@jonesday.com) Anne-Caroline
More informationREMEDYING ENVIRONMENTAL DAMAGE FROM WRECKS THE LIABILITY OF OWNERS AND SALVORS. Prof. emeritus Peter Wetterstein
REMEDYING ENVIRONMENTAL DAMAGE FROM WRECKS THE LIABILITY OF OWNERS AND SALVORS Prof. emeritus Peter Wetterstein 30.11.2017 Preliminary Notes This presentation deals with the obligation to remedy environmental
More informationTO ALL MEMBERS AND BROKERS. 29 July Dear Sirs
TO ALL MEMBERS AND BROKERS 29 July 2009 Dear Sirs Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on Environmental Liability with regard to the Prevention and Remedying
More informationKey terms. Cultivation of GM crops. Department 2
The international liability and redress regime regarding environmental damage caused by cultivation of genetically modified crops links with the Environmental Liability Directive Ancui Liu PhD candidate,
More informationQuestions and Answers Environmental Liability Directive
MEMO/07/157 Brussels, 27 April 2007 Questions and Answers Environmental Liability Directive What is environmental liability? What are the main features of the Environmental Liability Directive? In which
More informationInternational Liability for Damage caused by Genetically Modified Organisms
Summary International Liability for Damage caused by Genetically Modified Organisms 1. The use of genetic manipulation is not a new phenomenon. However, over the last 30 years, our ability to alter organisms
More informationUnited Nations Environment Programme
Guidelines for the Development of Domestic Legislation on Liability, Response Action and Compensation for Damage Caused by Activities Dangerous to the Environment Adopted by the Governing Council of the
More informationREPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT
EUROPEAN COMMISSION Brussels, 14.4.2016 COM(2016) 204 final REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Report from the Commission to the Council and the European Parliament under
More informationAalborg Universitet. The transposition of the Environmental Liability Directive Cassotta, Sandra. Publication date: 2017
Aalborg Universitet The transposition of the Environmental Liability Directive Cassotta, Sandra Publication date: 2017 Link to publication from Aalborg University Citation for published version (APA):
More informationResponse to the Commission s proposal for a multi-annual plan for the North Sea COM (2016) 493 Final 27th of September 2016
Response to the Commission s proposal for a multi-annual plan for the North Sea COM (2016) 493 Final 27th of September 2016 SUMMARY Pew welcomes the Commission s proposal for a multi-annual plan (MAP)
More informationMaking the polluter pay
BirdLife International s and WWF s five key recommendations for the Environmental Liability Directive 1 Polluters not taxpayers should pay for environmental damage. Polluters must not escape liability
More informationSlide 1 Presentation of the Environmental Liability Directive complements principles module because it is a key tool for the application of the
Slide 1 Presentation of the Environmental Liability Directive complements principles module because it is a key tool for the application of the polluter pays principle. 1 Slide 2 Actually, first considerations
More informationEVALUATION OF IMPACT OF IMPLEMENTATION OF THE PROPOSED DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ENVIRONMENTAL LIABILITY
EUROPEAN COMMITTEE AT THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA EVALUATION OF IMPACT OF IMPLEMENTATION OF THE PROPOSED DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ENVIRONMENTAL LIABILITY
More informationEnvironmental Liability Risk Trends
RISK MANAGEMENT FORUM 2007 GENEVA, 30 SEPT 3 OCT 2007 Environmental Liability Risk Trends Simon White Environmental Branch Manager XL Insurance The Insurance market How does it currently respond to Environmental
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES WHITE PAPER ON ENVIRONMENTAL LIABILITY. (presented by the Commission)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 9.2.2000 COM(2000) 66 final WHITE PAPER ON ENVIRONMENTAL LIABILITY (presented by the Commission) WHITE PAPER ON ENVIRONMENTAL LIABILITY Introduction These
More informationFISHERIES MEASURES FOR MARINE NATURA 2000 SITES A consistent approach to requests for fisheries management measures under the Common Fisheries Policy
FISHERIES MEASURES FOR MARINE NATURA 2000 SITES A consistent approach to requests for fisheries management measures under the Common Fisheries Policy It is the responsibility of Member States to designate
More informationEnvironmental Liabilities for the Power Industry
Environmental Liabilities for the Power Industry Presented by: Beverley Parrish bparrish@exponent.com Presented to: Willis December 8, 2015 London Agenda Liability for Environmental Damage Tort and Statutory
More informationEnvironmental Liability Regulations. Kevin Motherway Environmental Liability Unit EPA Waste Workshop, Athlone 23 rd of October 2009
Environmental Liability Regulations Kevin Motherway Environmental Liability Unit EPA Waste Workshop, Athlone 23 rd of October 2009 The Environmental Liability Regulations (ELR)* S.I. No. 547 of 2008 in
More informationPUBLIC CONSULTATION Improving offshore safety in Europe
PUBLIC CONSULTATION Improving offshore safety in Europe Waters off EU shores are in parts intensively exploited for the production of oil and gas. In 2009, oil production in the EU and Norway amounted
More informationTOOL #15. RISK ASSESSMENT AND MANAGEMENT
TOOL #15. RISK ASSESSMENT AND MANAGEMENT 1. INTRODUCTION Assessing risks 121 is complex and often requires in-depth expertise and specialist knowledge spanning various policy fields. The purpose of this
More informationBENCHMARKING TRENDS:
BENCHMARKING TRENDS: ENVIRONMENTAL LIABILITY DIRECTIVE DRIVES SHIFT IN PURCHASING OF ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE The past decade has borne witness to a tightening of the environmental
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 2.3.2001 C(2001) 476 Guidelines on the principles, criteria and indicative scales to be applied by Commission departments in determining financial corrections
More informationAn update on the implications of the EU Environmental Liability Directive June 25, 2010
The Bar is Rising in Europe for Environmental Protection. Are You Prepared? An update on the implications of the EU Environmental Liability Directive June 25, 2010 Agenda Introduction Mike Balmer, Willis
More informationEuropean Commission Environment Directorate General Unit ENV. A.3 Att. Mr Charles Pirotte Rue de la Loi 200 BU-5 6/153 B 1049 BRUSSELS
European Commission Environment Directorate General Unit ENV. A.3 Att. Mr Charles Pirotte Rue de la Loi 200 BU-5 6/153 B 1049 BRUSSELS Brussels, 14 September 2001 Dear Mr Pirotte, EFCA, the European Federation
More informationComments on the European Commission White Paper on Environmental Liability. WWF European Policy Office, Brussels BirdLife ECO, Brussels
Comments on the European Commission White Paper on Environmental Liability WWF European Policy Office, Brussels BirdLife ECO, Brussels 1 WWF and BirdLife gratefully acknowledge the legal opinion, advise
More informationThe EU Environmental Liability System
The EU Environmental Liability System ELD Statement Justice and Environment 2015 a Udolni 33, 602 00, Brno, CZ e info@justiceandenvironment.org t/f 36 1 3228462 / 36 1 4130297 w www.justiceandenvironment.org
More informationEnvironmental Liability Directive 2004/35/EC- UK report to the European Commission on the experience gained in the application of the Directive
Environmental Liability Directive 2004/35/EC- UK report to the European Commission on the experience gained in the application of the Directive Background 1. As required by Article 18 of the Environmental
More informationResponsibility on Environmental Damage with a View in the Republic Of Macedonia
International Journal of Scientific & Engineering Research Volume 3, Issue 4, April-2012 1 Responsibility on Environmental Damage with a View in the Republic Of Macedonia Adnan Jashari, PhD Abstract-The
More informationDr Marc Pallemaerts, Senior Fellow, IEEP
Study on national legislation needed to implement the Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters Dr Marc
More information/,$%,/,7<)25'$0$*(721$785$/5(6285&(6. Edward H.P. Brans 17 September, Mark Uilhoorn Erasmus University Rotterdam Rotterdam, The Netherlands
Background Paper for EU White Paper on Environmental Liability /,$%,/,7
More informationHow ELD transformed the environmental insurance market
Corporate responsibility & sustainability 8-9 OCTOBER 2018 ANTWERP, BELGIUM How ELD transformed the environmental insurance market cyber European Risk Manager Survey 2018 2 Corporate responsibility & sustainability
More informationCBD. Distr. GENERAL. UNEP/CBD/BS/COP-MOP/4/11 7 April 2008 ORIGINAL: ENGLISH
CBD Distr. GENERAL UNEP/CBD/BS/COP-MOP/4/11 7 April 2008 CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY SERVING AS THE MEETING OF THE PARTIES TO THE CARTAGENA PROTOCOL ON BIOSAFETY
More informationReviewing the Environmental Liability Directive
Reviewing the Environmental Liability Directive ClientEarth recommendations Key recommendations The Environmental Liability Directive (ELD) 1 is currently subject to a process of review and refit. So far,
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
25.4.2014 L 124/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain
More informationFederal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000) SECTION 1
Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000) SECTION 1 Purpose of environmental impact assessment and public participation Article 1. (1) The purpose of an
More informationSetting Standards for Sustainable Development Update and Review of the World Bank s Safeguard Policies Case Studies in Indonesia
Setting Standards for Sustainable Development Update and Review of the World Bank s Safeguard Policies Case Studies in Indonesia Phase 3 Consultation in Indonesia January 26-28, 2016 Objective Illustrate
More informationTHIRD-PARTY HSEC INCIDENT REPORTING & INVESTIGATION GUIDELINES IMPALA TERMINALS
THIRD-PARTY HSEC INCIDENT REPORTING & INVESTIGATION GUIDELINES IMPALA TERMINALS INTRODUCTION 1.1. PURPOSE Impala Terminals requires that serious Health, Safety, Environmental and Community (HSEC) work-related
More informationImplementation challenges and obstacles of the Environmental Liability Directive (ELD)
Funded by the Implementation challenges and obstacles of the Environmental Liability Directive (ELD) Final Report European Commission DG Environment 16 May 2013 Document information CLIENT European Commission
More informationA) Facts giving rise to liability
THE KIEV PROTOCOL ON CIVIL LIABILITY AND COMPENSATION FOR DAMAGE CAUSED BY THE TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS ON TRANSBOUNDARY WATERS ACHIEVEMENTS AND PROSPECTS By: Phani Dascalopoulou-Livada,
More informationCBD. Distr. GENERAL. UNEP/CBD/BS/GF-L&R/1/2 2 December 2008 ORIGINAL: ENGLISH
CBD Distr. GENERAL UNEP/CBD/BS/GF-L&R/1/2 2 December 2008 ORIGINAL: ENGLISH GROUP OF FRIENDS OF THE CO-CHAIRS ON LIABILITY AND REDRESS IN THE CONTEXT OF THE CARTAGENA PROTOCOL ON BIOSAFETY First meeting
More informationSEA&RDP. SEA and rural development programmes. Yvette IZABEL DG environment- Unit A3: Cohesion Policy and Environmental assessments
SEA&RDP SEA and rural development programmes Yvette IZABEL DG environment- Unit A3: Cohesion Policy and Environmental assessments Environmental Assessment Water Framework Directive Policies Habitats and
More informationHabitat Banking the in the EU: Demand, Supply and Design Elements
Habitat Banking the in the EU: Demand, and Elements A report prepared for the European Commission : Exploring potential Demand for and of Habitat Banking in the EU and appropriate design for a Habitat
More informationProtocol on SEA and the EU SEA Directive transposition into national legislation
Protocol on SEA and the EU SEA Directive transposition into national legislation European experience and good practice examples National roundtable Yerevan, 26 September 2014 Secretariat of Espoo Convention
More informationNEGOTIATION REVIEW. Negotiating Risk By Roger Greenfield. thegappartnership.com
NEGOTIATION REVIEW Negotiating Risk By Roger Greenfield contact@thegappartnership.com thegappartnership.com Negotiating risk Risk: one of the most under valued variables available during contract negotiations.
More informationPROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
CSCAP Workshop UNCLOS & Maritime Security Manila, Philippines, 27 May 2014 PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Robert Beckman Director, Centre for International Law (CIL) National University
More informationEUROPEAN COMMISSION. EGESIF_ final 22/02/2016
EGESIF_14-0015-02 final 22/02/2016 EUROPEAN COMMISSION GUIDELINES FOR DETERMINING FINANCIAL CORRECTIONS TO BE MADE TO EXPENDITURE CO-FINANCED BY THE EU UNDER THE STRUCTURAL FUNDS AND THE EUROPEAN FISHERIES
More informationSTRATEGIC MANAGEMENT IN COMMERCIAL BANKS
STRATEGIC MANAGEMENT IN COMMERCIAL BANKS Stelian PÂNZARU * Abstract: The current state of development of financial markets and financial system, and environmental developments in which they operate have
More informationDRAFT FOR CONSULTATION OCTOBER 7, 2014
DRAFT FOR CONSULTATION OCTOBER 7, 2014 Information Note 1: Environmental and Social Risk Classification The Board has requested the release of this document for consultation purposes to seek feedback on
More informationAssociate in Risk Management ARM 54 -Chapter 6 Assessing Liability Loss Exposures. Understanding the RM Process. #1 Workers Compensation 5/3/2012
Associate in Risk Management ARM 54 -Chapter 6 Assessing Liability Loss Exposures Presented by: Lynne Lovell RHU CLU ChFC CIC CRM ARM CPCU AFSB ASLI AINS MLIS CRIS Understanding the RM Process Educational
More informationCBD CONVENTION ON BIOLOGICAL DIVERSITY. Distr. GENERAL. UNEP/CBD/BS/WG-L&R/3/2/Add.1 20 December 2006 ORIGINAL: ENGLISH
CBD CONVENTION ON BIOLOGICAL DIVERSITY Distr. GENERAL UNEP/CBD/BS/WG-L&R/3/2/Add.1 20 December 2006 ORIGINAL: ENGLISH OPEN-ENDED AD HOC WORKING GROUP OF LEGAL AND TECHNICAL EXPERTS ON LIABILITY AND REDRESS
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 8.5.2017 COM(2017) 214 final 2017/0091 (NLE) Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the
More informationPOST SPILL ENVIRONMENTAL MONITORING
POST SPILL ENVIRONMENTAL MONITORING Lessons learnt from an international perspective Julke Brandt Technical Adviser Meeresumwelt- Symposium, Hamburg, 12 th 13 th June 2018 OUTLINE 1. Introduction to ITOPF
More informationRisk Assessment and the Precautionary Principle
Risk Assessment and the Precautionary Principle Bernardo Delogu Adviser for Research and Science Health and Consumers Directorate-General European Commission 1 An evergreen subject. A variety of definitions
More informationCouncil. International Seabed Authority ISBA/16/C/6
International Seabed Authority Council Distr.: General 5 March 2010 Original: English Sixteenth session Kingston, Jamaica 26 April-7 May 2010 Proposal to seek an advisory opinion from the Seabed Disputes
More informationEnvironmental Risk in Insurance Practice
Environmental Risk in Insurance Practice UNEP Finance Initiative May 28, 2010 / Athens Christos Chassiotis Key Analysis Environmental Risk vs Pollution Risk Environmental Liability vs Civil Liability Traditional
More informationSPECIAL CONDITIONS OF ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE (EIL)
SPECIAL CONDITIONS OF ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE (EIL) EIL English Valid from: 01.01.2011 1 C o n t e n t s Environmental impairment liability insurance - EIL 3 1. Subject of the insurance
More informationCONTENTS. Preface Acknowledgements Table of cases List of abbreviations
CONTENTS Foreword Preface Acknowledgements Table of cases List of abbreviations page xi xv xvii xviii xxiii PART 1 Draft Bill on Civil Liability Law 1 A Draft Bill on Civil Liability Law text 3 Title I
More informationAUSTRIA. Federal Act on Civil Liability for Damage Caused by Radioactivity. (Atomic Liability Act 1999 AtomHG 1999) adopted on 7 October 1998
AUSTRIA Federal Act on Civil Liability for Damage Caused by Radioactivity (Atomic Liability Act 1999 AtomHG 1999) adopted on 7 October 1998 The National Assembly hereby enacts Part I SCOPE OF APPLICATION
More informationRELATED PARTY TRANSACTIONS PROCEDURE
RELATED PARTY TRANSACTIONS PROCEDURE Approved by the Board of Directors of LU-VE S.p.A. on 3 May 2017, subordinate to and effective from the first day of trading of the Company s ordinary shares and warrants
More information***I DRAFT REPORT. EN United in diversity EN. European Parliament 2018/0179(COD)
European Parliament 2014-2019 Committee on Economic and Monetary Affairs 2018/0179(COD) 2.8.2018 ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on disclosures
More informationHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,
24.12.2014 L 369/37 COMMISSION REGULATION (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture
More informationStudy on Analysis of integrating the ELD into 11 national legal frameworks
Ref. Ares(2014)513280-26/02/2014 Project No. 2014.1174 Study on Analysis of integrating the ELD into 11 national legal frameworks Final Report, 16 December 2013 Ref: ENV.A.1/ETU/2013/Ares No 1258127 EN
More informationFederal Department of the Environment, Transport, Energy and Communications (DETEC) Kochergasse Bern
IMPORTANT NOTICE: This document is intended for referential use only. It is an unofficial English summary of the application submitted by KlimaSeniorinnen Schweiz ( Senior Women for Climate Protection
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 8.5.2017 COM(2017) 215 final 2017/0092 (NLE) Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the annual Conference
More informationRISK AND OPPORTUNITY ASSESSMENT GUIDE RISK CRITERIA
RISK AND OPPORTUNITY ASSESSMENT GUIDE RISK ASSESSMENT GUIDE TABLE OF CONTENTS 1. PURPOSE... 3 2. SCOPE... 3 3. RELATED DOCUMENTS... 3 4. PROCEDURE... 3 5. RISK MANAGEMENT PROCESS... 3 6. STEP 1 RISK ANALYSIS...
More informationLegal Risk Management Anticipating and Pre-Empting Legal Problems
International In-house Counsel Journal Vol. 3, No. 10, Winter 2010, 1 1 Legal Risk Management Anticipating and Pre-Empting Legal Problems AURELIA DRAGOMIRESCU Director, Legal, Vodafone, Romania Legal service
More informationDIRECTORS CONTACT GROUP
DIRECTORS CONTACT GROUP DCG3/7/AP3a 1 October 2014 FIRST EDITION WITH NOTE, JAN 2016 IMPORTANT NOTE: For most of its content, this DCG recommendation has been superseded by the legally binding Commission
More informationEUROPEAN UNION ACCOUNTING RULE 2 CONSOLIDATION AND ACCOUNTING FOR JOINT ARRANGEMENTS AND ASSOCIATES
EUROPEAN UNION ACCOUNTING RULE 2 CONSOLIDATION AND ACCOUNTING FOR JOINT ARRANGEMENTS AND ASSOCIATES Page 2 of 31 I N D E X 1. Objective... 5 2. Scope... 5 3. Definitions... 5 4. Scope of Consolidation...
More informationDRAFT REPORT. EN United in diversity EN. European Parliament 2015/2352(INI)
European Parliament 2014-2019 Committee on Legal Affairs 2015/2352(INI) 26.5.2016 DRAFT REPORT on liability, compensation and financial security for offshore oil and gas operations (2015/2352(INI)) Committee
More informationEnvironmental Liability in International Law: Towards a Coherent Conception
ENVIRONMENTAL RESEARCH PLAN OF THE FEDERAL MINISTRY FOR THE ENVIRONMENT, NATURE CONSERVATION AND NUCLEAR SAFETY - Environmental Liability - Research Report Environmental Liability in International Law:
More informationStoel Rives, LLP Presented to Oregon Association of Environmental Professionals October 9, 2003
NATURAL RESOURCE DAMAGES FUNDAMENTALS Joan P. Snyder Stoel Rives, LLP Presented to Oregon Association of Environmental Professionals October 9, 2003 Natural Resource Damages Under federal Superfund injury
More informationProvisions, Contingent Liabilities and Contingent Assets
Indian Accounting Standard (Ind AS) 37 Provisions, Contingent Liabilities and Contingent Assets (This Indian Accounting Standard includes paragraphs set in bold type and plain type, which have equal authority.
More information1 ENVIRONMENTAL RISK & INSURANCE
Chapter 1 ENVIRONMENTAL RISK & INSURANCE Environmental insurance is now well established and is set for growth with the arrival of new environmental regulations, notably the Environmental Liability Directive,
More informationSCOPE OF COMPENSATION FOR ENVIRONMENTAL DAMAGE UNDER THE 1992 CIVIL LIABILITY CONVENTION AND THE 1992 FUND CONVENTION
Interspill 2004 Presentation no. 456 SCOPE OF COMPENSATION FOR ENVIRONMENTAL DAMAGE UNDER THE 1992 CIVIL LIABILITY CONVENTION AND THE 1992 FUND CONVENTION Joe Nichols Deputy Director/Technical Adviser
More informationRecommendations on President s Aid to Negotiations Environmental Impact Assessments
Recommendations on President s Aid to Negotiations Environmental Impact Assessments ISSUE Relevant text from PRESIDENT S AID TO NEGOTIATIONS (PAN) PROPOSED EDITS RATIONALE SUPPORT (where applicable) 1.
More informationSudden Exposure - Mitigate your Financial Risk to Short and Long Term Environmental Impacts in Drilling Project Management
Sudden Exposure - Mitigate your Financial Risk to Short and Long Term Environmental Impacts in Drilling Project Management David van Senden September 2015 Outline Introduction Drilling and Production Risks
More informationIndian Accounting Standard (Ind AS) 37. Provisions, Contingent Liabilities and Contingent Assets
Indian Accounting Standard (Ind AS) 37 Provisions, Contingent Liabilities and Contingent Assets Indian Accounting Standard 37 Provisions, Contingent Liabilities and Contingent Assets CONTENTS Paragraphs
More informationCoverage Issues After The Oil Stops Flowing By John G. Nevius, Esq., P.E. Thousands of gallons of crude oil continue to gush daily from the sea floor
This article was originally published on Insurance Law360 on June 28, 2010 Coverage Issues After The Oil Stops Flowing By John G. Nevius, Esq., P.E. Thousands of gallons of crude oil continue to gush daily
More informationEuropean Commission (DG ENV)
European Commission (DG ENV) STUDY ON THE IMPLEMENTATION EFFECTIVENESS OF THE ENVIRONMENTAL LIABILITY DIRECTIVE (ELD) AND RELATED FINANCIAL SECURITY ISSUES [Contract Reference: 070307/2008/516353/ETU/G.1]
More informationNSW Grazier s Glovebox Guide to Gasfield Contamination. NSW Grazier s Glovebox Guide to Gasfield Contamination
NSW Grazier s Glovebox Guide to Gasfield Contamination August 2015 1 If you have been forced to live in or near to Coal Seam Gas (CSG) or shale gasfields, then you are potentially at risk of contamination
More informationDIRECTIVES. (Text with EEA relevance)
L 87/500 31.3.2017 DIRECTIVES COMMISSION DELEGATED DIRECTIVE (EU) 2017/593 of 7 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to safeguarding of
More informationInteragency Regulatory Guide
Interagency Regulatory Guide Advance Permittee-Responsible Mitigation U.S. Army Corps of Engineers Washington State Department of Ecology Washington State Department of Fish and Wildlife US Army Corps
More informationRisk assessment and the choice of conformity assessment procedures in the EU. Nike Bönnen European Commission TBT Committee, Geneva, 13 June 2017
Risk assessment and the choice of conformity assessment procedures in the EU Nike Bönnen European Commission TBT Committee, Geneva, 13 June 2017 Outline Legal Basis for Risk Assessment in the EU regulatory
More informationATTRIBUTIONS OF THE AGENCY (LEGISLATION)
ATTRIBUTIONS OF THE AGENCY (LEGISLATION) The National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (ASEA) acts within the framework of the following legislation:
More informationGUIDANCE FICHE PERFORMANCE FRAMEWORK REVIEW AND RESERVE IN VERSION 1 9 APRIL 2013 RELEVANT PROVISIONS IN THE DRAFT LEGISLATION
GUIDANCE FICHE PERFORMANCE FRAMEWORK REVIEW AND RESERVE IN 2014-2020 VERSION 1 9 APRIL 2013 RELEVANT PROVISIONS IN THE DRAFT LEGISLATION Regulation Articles Article 18 Performance reserve Article 19 Performance
More informationGUIDELINES FOR THE ECOLABELLING OF FISH AND FISHERY PRODUCTS FROM MARINE CAPTURE FISHERIES
GUIDELINES FOR THE ECOLABELLING OF FISH AND FISHERY PRODUCTS FROM MARINE CAPTURE FISHERIES DR. WILLIAM EMERSON FISHERY INDUSTRIES DIVISION, FAO 1-3 December 2010 Marrakesh, Morocco Overview of presentation:
More informationEuropean Commission proposal on the accessibility of public sector bodies' websites
Initial appraisal of a European Commission Impact Assessment European Commission proposal on the accessibility of public sector bodies' websites Impact Assessment (SWD (2012) 0401, SWD (2012) 402 (summary))
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 17.10.2007 COM(2007) 613 final 2007/0213 (COD) C6-0349/07 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC)
More informationEnvironmental Liability Update. Topics
Environmental Liability Update Valerie Fogleman Consultant, Stevens & Bolton LLP Professor of Law, Cardiff University Topics Nuisance claims Contaminated land regime Environmental Damage Regulations Effect
More informationI Scope. (1) Functional Scope
Texts adopted by consensus, except III Element 3 At 18:40, 2 February 2008 TEXTS This instrument is non-legally binding guide for Parties to refer to when they draft their national laws dealing with liability
More informationH 7250 S T A T E O F R H O D E I S L A N D
LC00 01 -- H 0 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO WATERS AND NAVIGATION -- THE OFFSHORE OIL AND GAS DRILLING AND EXPLORATION ACTIVITIES
More informationDECRIMINALIZATION OF TAX LAW BY ADMINISTRATIVE PENALTIES ON TAX DUTIES
DECRIMINALIZATION OF TAX LAW BY ADMINISTRATIVE PENALTIES ON TAX DUTIES European Association of Tax Law Professors - EATLP MILAN, 28-30 MAY 2015 Lorenzo del Federico Full Professor, Tax Law, University
More informationRomania. Mona Musat Musat & Asociatii Bucharest, Romania
Romania Mona Musat Musat & Asociatii Bucharest, Romania Introduction Although joint ventures had not been formally repealed as legal instruments, from an economic perspective, such business methods had
More informationJanuary 30, HQ, U.S. Army Corps of Engineers ATTN: EO13690/CECW-HS/3G G Street N.W. Washington, DC Re: Docket COE
January 30, 2017 HQ, U.S. Army Corps of Engineers ATTN: EO13690/CECW-HS/3G68 441 G Street N.W. Washington, DC 20314-1000 Re: Docket COE-2016-0018 Dear Sir or Madam: Thank you for the opportunity to submit
More informationFRAMEWORK FOR APPLYING FOR A DEFENCE EXEMPTION FROM A REQUIREMENT OF REACH
ANNEX to Code of Conduct on REACH Defence Exemptions FRAMEWORK FOR APPLYING FOR A DEFENCE EXEMPTION FROM A REQUIREMENT OF REACH Table of Contents DEFINITIONS... 3 1. INTRODUCTION... 4 1.1. Purpose of Framework...
More informationRTS AND GL ON GROUP FINANCIAL SUPPORT EBA/CP/2014/ October Consultation Paper
EBA/CP/2014/30 03 October 2014 Consultation Paper Draft Regulatory Technical Standards and Draft Guidelines specifying the conditions for group financial support under Article 23 of Directive 2014/59/EU
More informationInvestments in Associates
International Accounting Standard 28 Investments in Associates This version includes amendments resulting from IFRSs issued up to 31 December 2009. IAS 28 Accounting for Investments in Associates was issued
More information