Origin of the environmental liability directive and its relations with other EU directives
The Environmental Liability Directive: Use of Resource Equivalency Methods for Remedying Environmental Damage under Annex II
2-3 June 2008
The objective of the conference was to present the results of the REMEDE project to participants and to provide a forum in which to discuss the implementation of the Environmental Liability Directive (ELD). Presentation of the REMEDE results focused on the legal basis of the ELD, and methodological and pragmatic aspects of using resource equivalency methods for remedying environmental damage under Annex II of the Directive.
The presentation of REMEDE outcome was in keeping with interests of the Polish Ministry of Environment with respect to interpreting and discussing provisions of the Environmental Liability Act (ELA). The ELA transposes the ELD into Polish legal regime and came into force on 13 April 2007. Polish legislator opted for transposition of the Directive through one single act rather than introducing amendments into existing environmental acts. Generally speaking, the ELA transposes the concept of liability as proposed by the Directive and follows the Directive’s structure. However, as the Ministry representative acknowledged in his presentation, the Act shows both strengths and weaknesses. In terms of strengths, two aspects are notable – expanding the range of ELA provisions over national protected areas and the requirement it brings for the content and quality of EIA and SEA reports. With regards to the weaknesses, the consistency with relevant Polish legislation and some items in the ELA appearing to be non-compliant with the ELD can be counted.
The REMEDE team hopes that the conference will contribute to a better understanding of the opportunities the Environmental Liability Directive offers and to the transposition of the ELD provisions into daily practice as a useful tool for environmental planning and protection. Recognising the importance of REMEDE results, as well as the language and terminological barrier, the State Undersecretary Mr. Maciej Trzeciak announced a commitment to assigning necessary resources to translate conference materials into Polish. Moreover, Mr. Trzeciak welcomed further cooperation and efforts supporting implementation of ELD in Poland.
Conference Program and presentations:
Welcome - Maciej Trzeciak, Undersecretary of the State, Chief Nature Conservator, Ministry of Environment and Ece Ozdemiroglu, Director, eftec, REMEDE coordinator
Origin of the ELD and its relation to other EU Directives. Legal analysis of types of environmental damages covered by the EU ELD and other relevant Directives - Edward Brans, Pels Rijcken & Droogleever Fortuijn N.V., Netherlands
Review of transposition state of the Directive and the art in the application of resource equivalency methods for assessment of environmental damage and remediation measures - Ece Ozdemiroglu, eftec, REMEDE coordinator
Resource equivalency methods - An overview in the context of Environmental Liability, Habitats and Wild Birds and EIA Directives.Toolkit on the use of resource equivalency methods - Josh Lipton, Stratus Consulting, USA
Value equivalency methods. Financial security and insurance – ELD provisions and development of insurance and financial security market. Habitat banking - David Chapman, Stratus Consulting, USA
Case study – Vistula river crossing by Jamal gas pipeline (Polish version)- Magdalena Kejzik-Głowińska, EkoKonsult, PL; Zenon Tederko, Pro-Biodiversity Service, PL and Josh Lipton, Stratus Consulting, USA
Case study – International road project, Poland - Zenon Tederko, Pro-Biodiversity Service, PL and Josh Lipton, Stratus Consulting, USA
Overview of to-date transposition process of the Directive 2004/35/EC on environmental liability and introduction to the Act on the prevention and remedying of environmental damage (in Polish)- Piotr Otawski, Legal Advisor to the Minister of Environment, Poland
Administrative procedures to apply in case of environmental damage taking place (in Polish)- Piotr Otawski, Legal Advisor to the Minister of Environment, Poland
Determining the Debit - methods and examples for determining adverse impacts and identifying causation. Quantifying the Debit - methods and examples for using metrics to quantify debits in REA - Josh Lipton, Stratus Consulting, USA
Economic methods to quantifying values. BT, TC, etc. Use of published literature and applications - Ece Ozdemiroglu, eftec, UK
Quantifying Credits. When to use equivalency v. economic valuation. Methods and examples for quantifying credits. Examples of remediation projects for different resources - David Chapman, Stratus Consulting, USA