BREADCRUMB
Key provisions
-
Enforcement – Articles 5 and 6 ELD:
-
Imminent threat of environmental damage; operator must
-
carry out preventive measures ‘without delay’
-
notify competent authority ‘without delay’ if measures fail to dispel threat of damage
-
Occurrence of environmental damage; operator must
-
notify competent authority ‘without delay’
-
‘immediately’ carry out emergency remedial actions
-
carry out remedial measures agreed by competent authority
-
If operator fails to carry out above actions, competent authority must require it to carry them out
-
Exclusion – Article 4 ELD:
- Act of armed conflict, hostilities, civil war or insurrection (includes terrorism)
- Natural phenomenon of exceptional, inevitable and irresistible character
- Nuclear, marine oil and transportation of dangerous goods conventions
- Diffuse pollution
- Activities the main purpose of which is to serve national defence or international security
- Activities the sole purpose of which is to protect from natural disasters
-
Defences – Article 8 ELD:
-
Mandatory ‘defences’
-
Intentional act of a third party if safety measures are in place
-
Compliance with a compulsory order
-
Optional ‘defences’
-
Compliance with a permit if the operator is not negligent
-
State-of-the-art if the operator is not negligent
-
Public Participation – Article 13 ELD:
-
Qualified environmental non-governmental organisations and others may
-
Provide comments to relevant competent authority on environmental damage (and imminent threat of environmental damage at the option of a MS)
-
Seek review of procedural and substantive legality of a competent authority’s decisions, acts or failure to act
LINKS
LINKS
LINKS
LINKS
LINKS