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Compendium of Select Activities Outside US/North America


Activities are listed below in the following categories: Input to the European Commission and Parliament; Seminars, Briefings and Workshops; Document Development; and Other Activities.

Input to the European Commission and Parliament

  • Comments to European Commission Public Consultation (2011, 2022, 2023)
    • Response to the European Commission, DG Environment: Fitness check of the Polluter Pays Principle application to the environment
    • Response to the European Commission, DG Environment: Open public consultation on the evaluation of the Environmental Liability Directive (Directive 2004/35/CE)
    • Response to European Commission, DG Energy Public Consultation: Improving Offshore Safety, Health and Environment in Europe
  • Input to Commission on Diverse Topics (2012, 2013, 2020)
    • Comments on draft guidelines for significant environmental damage
    • Comments on draft Financial Security report findings
    • Comments to the Commission on BIOIS ELD Implementation Report
    • Comments on Commission's draft ELD training materials
  • Testimony to Parliament (2017)
    • Testimony to Parliament JURI - ENVI Public Hearing on The Implementation of the Environmental Liability Directive: the way forward

Seminars, Briefings and Workshops

  • Series of Multi-Stakeholder Best Practices Seminars (2006, 2008, 2009, 2010, 2013, 2014, 2015, 2020)
    • ELD Specialty Workshop/Best Practices Seminar: The EU Environmental Liability Directive Transposed and Implemented: What to Expect (Brussels)
    • A Dialogue and Expert Seminar for Industry and Member State Experts and Other Practitioners: Building Best Practices Related to the EU Environmental Liability Directive's Implementation (Brussels)
    • 3rd ELD Best Practices Seminar: Emerging Member State Guidance and Best Practices for the Implementation of the EU Environmental Liability Directive (Brussels)
    • 4th ELD Best Practices Seminar: Advancing Best Practices in the Implementation of the EU Environmental Liability (Brussels)
    • 5th EU Environmental Liability Directive Best Practices Seminar: Advancing Best Practice Principles in the Implementation of the ELD (Brussels)
    • 6th EU Environmental Liability Directive Seminar: A Real Time Look at the ELD Best Practices Based on Actual Experience To Date (Brussels)
    • 7th Best Practices Seminar: Understanding the EU Environmental Liability Directive: Updates, Key Issues and Practical Advisor (Brussels)
    • 8th ELD Best Practices Seminar: Review of Best Practices and Case/Site Examples (via Web)
  • Briefing for the European Community on the Deepwater Horizon Incident (2011)
  • Presentation and Participation in ELD Conferences (Commission, Others) (2009, 2011, 2013, 2014, 2016, 2017, 2019, 2020)
  • Specialty Operator Briefings and Workshops (2007, 2011, 2014, 2020)
    • The EU Environmental Liability Directive Transposed and Implemented: What to Expect - A Specialty Briefing and Workshop (Brussels)
    • Briefing for the European Community on the Deepwater Horizon Incident: Implications for Practice under the EU Environmental Liability Directive (Brussels)
    • Industry Specialty Meeting: Continuing Implementation of the Environmental Liability Directive: Testing of Related Training Materials and Guidance (Brussels)
    • Briefing for the Operator Community: A Review and Update on the EU Environmental Liability Directive (ELD) Ongoing Activities, Needs and Positioning (via Web)

Document Development

  • White Papers and Issue Papers (2006, 2007, 2009, 2012, 2015)
    • White Paper: EU Environmental Liability Directive: Practical Suggestions to Ensure Sound Implementation
    • White Paper: Financial Security and Insurance Aspects of the European Union Environmental Liability Directive
    • White Paper: Environmental Liability Funds in the Context of the European Union Environmental Liability Directive
    • Issue Paper: National Environmental Liability Systems of EU Member States and Implementation Issue Arising under the European Union Environmental Liability Directive (Group-Internal)
    • Issue Paper: Implementation of the EU Environmental Liability Directive in EU Member States Issue Paper: Assessment and Remediation of Damage to Habitats and Species, Water, and Land (Group-Internal)
    • Model Clauses for use in Transposition of the EU Environmental Liability Directive
    • Implementation of the EU Environmental Liability Directive in EU Member States
    • Issue Paper: The Operator Definition and Multi-Party Causation
    • Issue Paper: Implementation of the EU Environmental Liability Directive in EU Member States Issue Paper: Defences and Exceptions
  • Legal, Administrative, Technical and Economic ELD Best Practices (2015)
    • Implementation of the EU Environmental Liability Directive: Summary of Guiding Principles and Recommended Best Practices
  • Seminal Case Study Review Document (2009)
    • Industry Case Studies: An Examination of Potential Effects of the EU Environmental Liability Directive (ELD) in Practice and Options Available to Member States
  • Several Surveys and Reports (2011, 2014, 2015)
    • 1st EU Operator Survey: Financial Security Instruments and Remediation of Environmental Damage under the ELD
    • Report: Survey of Industrial Companies Insurance and Other Financial Security Instruments and Remediation of Environmental Damages Under the EU Environmental Liability Directive
    • 2nd EU Operator Survey: Experience Relative to Ongoing Implementation of the EU Environmental Liability Directive
    • 3rd EU Operator Survey: Experience Relative to Ongoing Implementation of the EU Environmental Liability Directive
  • Publication of the Book, "The Environmental Liability Directive: A Commentary" (2013)
    • Barbara J. Goldsmith and Lucas Bergkamp (eds.) published "The EU Environmental Liability Directive: A Commentary", Oxford University Press

Other Activities

  • Database (Government Programs, Cases, Other) (Ongoing)
    • The Group maintains a database cataloging case and site information under EU Member State laws pertaining to environmental damage-related liability claims, as well as a variety of legal, economic, technical and other documents and articles related to environmental damage liability and associated issues.
  • Updates to ELD Government Experts (annually)
    • At the invitation of the European Commission, DG Environment written and/or in person updates are provided concerning the Group's ongoing activities related to the ELD, as well as other industry developments.
  • Outreach/Communications within Industry and Association Collaborations (Ongoing)
    • The Group communicates with key EU-wide and Member State-specific business and industry association representing various industry sectors, as well as undertakes collaborative initiates, to continue to educate companies about natural resource liability-related matters and encourage consistency in positions and practice.
  • Communications with Member States (Ongoing)
    • The Group communicates with all Member State ELD Experts group, established by the European Commission, on an ongoing basis to obtain ELD-related updates, as well as share key Group activities and advance legal, administrative, technical and economic best practices.
  • Practice Exchange Website (ongoing)
    • The website www.EUELDPracticeExchange.com was developed in 2009 by the Group, in cooperation with EU Government Authorities and others, in order to facilitate communication among diverse practitioners working on the ELD and related legal, scientific and economic practice issues.