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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”)

 

 

 

 

 

 

 

 

 

 

 

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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


European Affairs: Country by country reporting – working breakfast report

Capture COVER CbCR reportFERMA and the European Confederation of Institutes of Internal Auditing (ECIIA) held a joint working breakfast in the European Parliament on 28 June on the theme of “Country-by-Country Reporting: From Risks to Opportunities”. It focused on the corporate governance implications of the European Commission’s proposal of 12 April and the
roles played by the risk manager and the internal auditor in this field.

Danish MEP Jeppe Kofod hosted the event and Jean-Philippe Rabine, European Commission DG FISMA (Accounting and Reporting Unit) introduced the new
financial and corporate tax reporting requirements that are intended to apply to all large multinationals for every EU country they operate.

Participants in the panel discussion, moderated by Jeppe Kofod, included for FERMA Jonathan Blackhurst, Head of Risk Management at Capita (UK); Silvio de Girolamo, Chief Audit Executive Autogrill (Italy) on behalf of ECIIA; and Jean-Philippe
Rabine.

The panel said that the proposal goes further than any previous initiative with the obligation for all companies operating in the EU with a minimum turnover of €750 million in a given year to publicly disclose financial and tax information on a country-by-country basis.
About 6000 large companies will face the challenge of complying with the regulation and determining how the public will react to the tax figures they reveal – a regulatory and reputational risk.

Country-by-country reporting, therefore, is not only about the numbers, but also about how well they are delivered with the right processes and the right report. Here stands the added value of risk managers, making sure that the figures have a context so that
people understand the full extent of the firm’s value chain.

In this context, companies could use country-by country reporting as an opportunity to increase public confidence by presenting themselves to the public in an open and transparent manner. The public perception of corporate conduct is especially
important, and to mitigate the risk of scrutiny, companies will need to ask themselves: are we doing enough – and how can we turn this into an opportunity?

The text of the regulation is currently in discussion at the European Parliament and will be discussed early July by the European Council under the new Slovak EU Presidency.

Full report is available here.


Final agreement on data protection regulation

With the European Parliament’s agreement on a final text for the General Data Protection Regulation on 17 December 2015, the new European data protection regulation is now likely to enter into force in spring 2018.

In this final version of the regulation, large organisations will have to pay specific attention to the five following provisions:

– The mandatory appointment of a data protection officer but only for organisations whose core activities consist of processing a large amount of personal data (‘regular and systematic monitoring of data subjects on a large scale’);

– Data Protection Impact Assessment will become mandatory when there is a high risk for the rights and freedoms of individuals , in particular when using new technology;

– Fines for breaching the regulation of up to 4% of global turnover;

– The notification of a personal data breach to the supervisory authority no later than 72 hours after having become aware of it;

– No effective system of ‘one decision, one outcome’ for cross-borders cases. EU citizens could still complain to their local data protection authority even if the case is already pending in another EU jurisdiction.

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The final version of the regulation still gives each national data protection authority a margin of discretion on a case-by-case basis to matters like sanctions, definition of high risk processing, claims handling and so on.

This is preventing the regulation from achieving the initial ‘one stop shop’ wanted in the original proposal from the European Commission in 2012.

This compromise with the Council (co-legislator) and the European Commission is the result of many months of negotiations among the three EU institutions. The text has been adopted by the Civil Liberties Committee, which is leading the dossier at the European Parliament, and will now be formally endorsed during a plenary session of the Parliament in March or April.

Two years after its publication in the official journal of the EU, the new regulation will be fully applicable in 2018 in the European Union.


Future Data Protection Regulation for holding private data?

The EU regulator is at the final stages to adopt the Data Protection Regulation which will set up new rules for operators on how private data must be managed.

In March 2014, the European Parliament strengthened several requirements such as making the applicable fines for breaching rules up to €100 million or 5% of annual worldwide turnover (whichever is greater) when the original proposal of the European Commission suggested fines “only” up to €1 million or 2% of annual worldwide turnover. Continue reading