FERMA welcomes Commission actions to improve ELD implementation

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FERMA welcomes Commission actions to improve ELD implementation The Federation of European Risk Management Associations (FERMA) today welcomes publication by the European Commission of a three-year programme to improve implementation of the European Environmental Liability Directive (ELD). The Multi-Annual rolling Work Programme 2017-2020 is based on the evaluation of the ELD concluded in April 2016 in which FERMA participated.

We welcome this process, part of the EU Better Regulation approach, because it capitalises on the existing ELD text without introducing costly new requirements on industrial operators, including our members,” stated the Jo Willaert, President of FERMA. He will present FERMA’s views on the future implementation of the ELD at a public hearing organised by the European Parliament in Brussels on 11 April.

The new multi-year work programme will serve as a guideline, not legally binding, to steer activities by all stakeholders towards better implementation of the ELD in the next three years.

The work has three pillars: improve the evidence base to gather more data measuring the efficiency of the ELD in the Member States, focus on implementation tools for a common understanding of key concepts of the Directive and explore the availability of financial security.

FERMA shared the conclusion of the European Commission published in the 2016 review that no revision of the ELD was necessary. The current Directive has already had positive results with the introduction in every national legal system of the EU of the concepts of biodiversity damages, remediation and compensation for environmental damage.

It has shown the value of having the same environmental protection principles in every member state: polluter pays, strict liability for high-risk operators and biodiversity protection.

Said Jo Willaert: “By respecting the principles of subsidiarity (no EU intervention when an issue can be dealt with effectively by EU countries) and proportionality (EU action must not exceed what is necessary to achieve the objectives), the Commission is sending a positive message to industrial operators.

He added: “FERMA will continue to argue that mandatory financial security would not serve the true purpose of the ELD, which is first and foremost to prevent environmental damage.

More information about the ELD multi-year work programme can be obtained at https://ec.europa.eu/environment/legal/liability/index.htm

Press contacts

Typhaine Beaupérin, FERMA CEO: typhaine.beauperin@ferma.eu, tel: +32 (2) 761 94 31

Lee Coppack, press contact: lee@coppack.co.uk, tel: +44 208 318 0330/ +44 7843 089904

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