The Environmental Liability Directive: Use of Resource Equivalency Methods for Remedying Environmental Damage under Annex II
27 November 2007
The Royal Society, London

The EU Environmental Liability Directive (ELD) makes ‘operators’ legally and financially responsible for cleaning up environmental damage to water, land and protected wildlife in accordance with the Polluter Pays Principle. Annex 2 of the Directive describes how damage is to be restored and recommends the use of resource equivalency methods to determine the scale of action necessary to make up for any environmental damage that cannot be immediately restored to its original state.

This conference was organised to provide a platform for the discussion of some of the key issues surrounding the implementation of the ELD. In particular, the conference showcased the Toolkit produced by the REMEDE project for the European Commission on how to implement resource equivalency methods for assessing damage and determining remediation under Annex 2 of the Directive. The Toolkit is also relevant for selecting compensation measures under the Habitats and Wild Birds Directives and the Environmental Impact Assessment Directives.

Conference Program and presentations:
  • About the ELD – How does it work and what does it do? - Sandy Luk, eppac, UK
  • Establishing damage under the ELD – Practical issues such as prescribed activity, prescribed receptor, baseline condition, thresholds, causal link, joint liability, etc. - Edward Brans, Pels Rijcken & Droogleever Fortuijn N.V., Netherlands
  • Transposing and implementing the ELD - Status report from Member StatesAbout the ELD - Ingo Brauer, Ecologic, Germany
  • Implementing ELD in the UK – Progress to date, methods and guidance - Caroline Connell, Department for Food, Environment and Rural Affairs, UK
  • Enforcement of the ELD – Self enforcing provisions, NGO rights, Competent Authority powers and duties – strengths and weaknesses - Valerie Fogleman, Consultant, Stevens & Bolton LLP, Professor of Commercial Law, Cardiff, UK
  • Financial security and insurance – ELD provisions, securities offered and other forms of financial security - Tony Lennon, European Manager, Chubb Environmental Solutions, UK
  • Primary restoration under the ELD – Case study addressing baseline, significance, receptors, etc. - Paul Horswill, Project Manager for ELD, Natural England, UK
  • REMEDE – An introduction and the experience with resource equivalency methods in the EU - Ece Ozdemiroglu, Director, eftec, UK (coordinator of REMEDE)
  • Resource equivalency methods – An overview in the context of Environmental Liability, Habitats and Wild Birds and EIA Directives - Josh Lipton, Director, Stratus Consulting, USA
  • Case studies from the UK - Jonathan Cox, Director, Jonathan Cox Associates, UK
  • Case studies from Poland - Zenon Tederko, ProBiodiversity Services, Poland
  • Case study from Sweden - Scott Cole, EnviroEconomics Sweden with Swedish University of Agricultural Sciences
  • For for full conference agenda please click here


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