Tag Archives : Environmental Liability Directive (ELD)

Environmental Liability Directive: FERMA’s views on the Multi-Annual Work Programme (MAWP) for 2017-2020

Click above to read the full statement

On 11 April, the Secretary General of the Federation of European Risk Management Associations (FERMA) Gilbert Canaméras presented FERMA’s views on the future of the European Environmental Liability (ELD) to a public hearing held at the European Parliament.

He was one of the speakers representing stakeholders who participated in the hearing: Implementation of the European Liability Directive: the way forward

For FERMA The Commission’s MAWP has the potential to consolidate and strengthen best practices for the existing ELD. FERMA calls on the Commission to foster the dialogue between Member States and operators in the most sensitive industries using the MAWP as a framework to improve implementation of the ELD.

FERMA recommends that this dialogue includes the promotion of risk management practices to reduce the environmental risk for sensitive sectors.

FERMA Secretary General Gilbert Canaméras at the European Parliament on 11 April 2017





FERMA continues to advocate against the introduction of an EU-wide mandatory financial security scheme. We believe capital resources are scarce and that current insurance voluntary systems are working well.

A register of ELD incidents is an interesting idea to increase reliable and comparable data about ELD incidents, but it should be designed carefully, notably as regards its availability and level of detail.

Video replay of the hearing  can be seen here (FERMA starting from 43’45”)













FERMA welcomes Commission actions to improve ELD implementation

Click above for the pdf version of the Press Release

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 http://bit.ly/2nvVMD9

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

Environmental Liability: no revised proposal by the EU expected in 2017

There is unlikely to be a revised proposal for the EU Environmental Liability Directive (ELD) in 2017, according to the European Commission document the REFIT Scoreboard 2016.

The REFIT Scoreboard notes that the Commission evaluation published in April 2016 (see Newsletter 71 – May 2016) confirmed the principle that precaution and prevention help to avoid remediation costs, which is in line with FERMA’s consistent views on this subject.

The Commission is now looking for an alignment of national solutions and practices within the framework of the current ELD. In February 2017, it will propose a multi-annual rolling work programme (MAWP) to Member States’ experts and stakeholders in order to improve the interpretation of key concepts and definitions of the Directive.

The MAWP is likely to focus on three areas: improving the evidence base for the evaluation of the ELD, supporting tools and measures for a more even and increasing implementation of the ELD and finally ensuring sufficient availability and demand for financial security to cover environmental liabilities.

About the last point, it is also interesting to note that through the IMPEL network, an association of environmental authorities in Europe, the Commission is still doing some work on the issue. An abstract for a funded project called “Financial Provision – Protecting the Environment and the Public Purse” was published on 19 October 2016.

The abstract contains a description of a two-year project aimed at producing guidelines on the principles of recommended financial provisions. It will include a workshop with regulators from across Europe to share experience, and the development of a practical guide in support of good regulatory process and decision-making in the field of financial provision.

FERMA will monitor the progress of this project and ensure that the conclusions and recommendations are in line with business practices.

FERMA will also provide opinion and advice to the Commission on the proposal to develop an ELD register to collect data on environmental incidents, whether it is established EU-wide or by each national authority.

Last but not least, the European Parliament, throught the Legal Affairs committee will propose an own-initiative report, with only a consultative value but a certain impact over future initiatives from the Commission. First discussions were held at the end of November. The report is likely to be adopted by next September.

Carl Leeman speaks about the ELD trainings (video)

Interview with Carl Leeman, President of IFRIMA and FERMA Board member on ELD trainings: Continue reading

Environmental Liability Directive trainings on 18/19 June 2015 in Brussels

ELD Training Details

Click above for ELD training details

Thanks to the support of the European Commission, FERMA will organize on 18 and 19 June 2015 an ELD training in Brussels, provided by professional consultants (EFTEC and Stratus Consultants)

FERMA has now a long involvement working on the developments of the Environmental Liability Directive, attempting to convince the European legislator to not add up new financial and legal requirements to the European industries during the current review.

Since 2010, all EU countries have implemented the ELD into their national legislation. It means that your domestic environmental laws have been shaped by this European law as regards damages to biodiversity, water and soil and the ways to remediate them.

In case of environmental damage, it is therefore crucial for a risk manager to understand and be able to cooperate with local environmental protection authorities in judging if the ELD applies, in assessing and quantifying the damage and in planning a proportionate remediation.

Unfortunately, please note that for logistic reasons, seats are limited to 15 persons and will be granted on a first-come, first-served basis until Tuesday 16 June.

To receive the application form in word format please send an email to julien.bedhouche@ferma.eu or click here for the PDF version.

Board approves strategic actions setting directions in 2015

The FERMA Board has approved 14 strategic actions for 2015 and ensured that they are aligned with FERMA’s strategic objectives: to be a significant stakeholder at EU level, to coordinate and support the development of risk management, and to be sustainable. Continue reading

Expert Views: Talvivaara Mining Company bankruptcy – financing the environmental risk

This case from Finland explains the issues under Environmental Liability Directive (ELD) legislation of financing remediation of the environmental damage caused by an industrial operator which has become bankrupt.

Talvivaara Mining Company
Talvivaara Mining Company was established in 2004 and started production in 2008. It operates an open pit nickel mine in Sotkamo in Eastern Finland with an annual production capacity of more than 10 million tonnes of ore. The metals are extracted by bioheap leaching, a method where natural bacteria living in the rock accelerate metal leaching by oxidation. Continue reading

More demanding environmental requirements ahead? Seminar roundtable to discuss

The comprehensive review of the Environmental Liability Directive (ELD) that is now underway could lead to a revision of this important legislation early next year with new requirements for companies, possibly including mandatory financial security. This will be the subject of a roundtable discussion at the FERMA Seminar, so that FERMA can fine tune its comments to the Commission on behalf of members. Continue reading

Delay of ELD report

The European Commission report on the application of the Environmental Liability Directive (ELD), which will cover also a review (evaluation) of the legislation, was postponed from the end of April and will now be completed later this year. There was some delay with the member state reports on the national application of the ELD and evaluation studies carried out for the Commission. Further, there is the matter of the European elections and appointment of new commissioners in the next few weeks and months. Adoption by the new Commission College is not envisaged before the beginning of 2015, according to a Commission official. Continue reading

Compulsory financial security would give a false sense of security

The European Commission intends to publish its final report on the review of the Environmental Liability Directive (ELD) in April. The question of mandatory financial security for environmental impair risks currently remains open. It is one of several options which the Commission will consider presenting to the new Parliament and commissioners when they are in place after the May European elections. Continue reading