Guidance
Draft Legislation Transposing the Environmental Liability Directive
Introduction
1. The Environmental Liability Directive (ELD) provides for the prevention and remediation of
environmental damage and gives form and substance to the polluter pays principle. It seeks to
promote compliance with good environmental practice by inducing those concerned to adopt
measures and develop practices that minimise the risks of environmental damage and reduce
their exposure to financial liabilities. This should result in a higher degree of environmental
protection and minimise the need for enforcement.
2.
The Screening Regulatory Impact Analysis (RIA) on the ELD outlines the options for the
transposition into Irish law of the ELD. It discusses the legal and operational issues in
transposing specific articles of the ELD, and it reflects the approach being adopted in the
legislation transposing the ELD; Appendices 3, 4 and 5 are particularly relevant.
3.
Primary and secondary legislation is necessary to transpose the ELD into Irish law. The
primary legislation provides for the transposition of the discretions contained in the ELD and an
overview of this legislation is provided below. However, this guidance document primarily
concerns the secondary legislation which transposes the great majority of the ELD's
provisions.
4.
A Transposition Table is provided at the end of this document detailing how the various
Articles in the ELD relate to the primary legislation (Bill) and the secondary legislation
(Regulations).
5.
The Environmental Protection Agency (EPA) is being designated as the competent authority
for the purposes of the ELD.
Overview of the Primary Legislation - Bill
6. The draft Environmental Liability Bill contains 5 Heads and 1 Schedule. The explanatory notes
in the Bill explain the purpose of each Head and the Bill. That guidance is not intended to be a
legal interpretation of the Bill.
7.
The Bill provides for the transposition of the discretionary provisions of the ELD. It provides
that:
the Minister may make regulations to extend the provisions of the ELD to other species
and habitats not embraced by the Annexes of the Birds and Habitats Directives;
operators are exempt from liability where the operator demonstrates that the damage
was caused by activity/emission expressly authorised by a regulatory authority i.e.
'permit' defence, with the exception of the use of genetically modified organisms
(GMOs) for cultivation (including field trials);
operators are exempt from liability where the operator demonstrates that the
activity/emission was not considered likely to cause environmental damage according
Guidance: Draft Environmental Liability Regulations (version 1)
page 1 of 13
8.
to the state of scientific and technical knowledge at the time i.e. 'state-of-the-art'
defence, with the exception of the use of genetically modified organisms (GMOs) for
cultivation (including field trials);
third parties may request action in the case of an imminent threat of environmental
damage subject to certain restrictions; and
the spreading of sewage sludge is excluded as an Annex III activity.
It also provides for the appropriate transposition of Annex III of the ELD by referring to the
relevant Irish transposing legislation for the various Directives associated with the activities
included in Annex III.
Overview of Secondary Legislation - Regulations
9. The draft Environmental Liability Regulations contain 21 Regulations and 5 Schedules. The
guidance below explains the main provisions of these Regulations and it should be read in
conjunction with the Regulations. The guidance is not intended to be a legal interpretation of
these Regulations.
10. The Regulations provide that when there is an imminent threat of environmental damage or
environmental damage has occurred, the operator of the activity is required to take immediate
steps to prevent damage occurring or prevent further damage occurring, and to notify the
competent authority (EPA).
11. Once the EPA is aware of an imminent threat of environmental damage or of an instance of
environmental damage, either because it has been reported by an operator or interested party
or through other means, the EPA must: determine whether there is 'environmental damage';
establish the responsible operator; assess the significance of the damage; and advise the
operator accordingly.
12. Where environmental damage has occurred, the operator of the activity is required to identify
potential remedial measures and to submit these to the EPA for approval. The EPA is
responsible for deciding what remedial measures will be implemented, taking account of the
measures proposed by the operator and the views of interested parties, before requiring
remediation by the operator. Operators are responsible for carrying out remedial measures.
13. Operators are responsible for the costs of preventive and remedial actions. In addition, costs
incurred by the EPA can be recovered from the operator.
14. The EPA is responsible for overseeing the operation of the Regulations and ensuring that
operators fulfil their obligations. Powers are provided to the EPA for this purpose.
Regulation 1 - Citation and Commencement
15. This Regulation provides details of the commencement date. These Regulations will
commence on a date which will correspond with the enactment of the primary legislation,
referred to above.
Guidance: Draft Environmental Liability Regulations (version 1)
page 2 of 13
Regulation 2 - Interpretation
16. This Regulation provides details of the various definitions used in these Regulations and
effectively transposes Article 2 of the ELD. The issues relating to the transposition of these
definitions is outlined in Appendix 4 of the Screening RIA. Some of the key definitions are
detailed below.
Environmental Damage
17. The Regulations do not cover all types of damage to the environment. They relate only to
'environmental damage' as defined which means damage to protected species and natural
habitats, water damage and land damage.
18. Environmental damage that comes within the scope of the ELD/these Regulations is 'any
damage that has significant adverse effects' in the case of protected species and natural
habitats, 'any damage that significantly adversely affects' in the case of water damage, and 'a
significant risk of human health being adversely affected' in the case of land damage. In each
case, it is important to determine what constitutes 'significant' so as to establish whether or not
the damage in question is environmental damage which comes within the scope of these
Regulations or if the damage is more appropriate to be dealt with under existing liability
regimes (where these exist). The assessment in each case will be a matter for the EPA to
decide.
Damage to protected species and natural habitats
19. 'Damage to protected species and natural habitats' means any damage that has significant
adverse effects on reaching or maintaining the favourable conservation status of such habitats
or species; some exemptions are provided.
20. To ascertain if environmental damage to protected species and habitats has occurred, it is
necessary to consider the scope of 'protected species and habitats' that are covered by these
Regulations, their 'favourable conservation status' and their 'baseline condition'. The
Regulations define these terms.
21. The significance of any damage that has adverse effects on reaching or maintaining the
favourable conservation status of habitats or species has to be assessed by reference to the
conservation status at the time of the damage, the services provided by the amenities they
produce, their capacity for natural regeneration and other criteria outlined in Schedule 1 to
these Regulations (i.e. Annex I of the ELD). Determining the significance of this damage will
be a matter for the EPA.
Protected species and natural habitats
22. For the purposes of these Regulations, 'protected species and natural habitats' include a
number of species of birds, animal and plants, and habitats, these are:
the species of birds, identified in the Birds Directive, 79/409/EEC (listed in Annex I of
that Directive and referred to in Article 4(2) of that Directive);
the species of animals and plants, identified in the Habitats Directive, 92/43/EEC (listed
in Annex II and Annex IV - this includes species listed in both Annexes, and those in
either Annex); these species include the salmon, river lamprey, Killarney shad, whiteclawed crayfish, common and grey seals, freshwater pearl mussel, shining sickle moss
and petalwort; the bottlenose dolphin, harbour porpoise, Killarney fern and the Kerry
Guidance: Draft Environmental Liability Regulations (version 1)
page 3 of 13
-
-
-
slug; the natterjack toad; all species of whales and dolphin; and all species of bat
including the lesser horseshoe bat;
the habitats of species of birds identified in the Birds Directive, 79/409/EEC (listed in
Annex I of that Directive and referred to in Article 4(2) of that Directive); for example the
habitats of the species - hen harrier, merlin, corncrake, little egret;
the habitats of species of animals and plants identified in the Habitats Directive,
92/43/EEC (listed in Annex II of that Directive); for example the habitats of the species salmon, river lamprey, Killarney shad, white-clawed crayfish, common and grey seals,
freshwater pearl mussel, shining sickle moss and petalwort;
the natural habitats identified in the Habitats Directive, 92/43/EEC (listed in Annex I of
that Directive); these habitats types include sand dunes and raised bogs; and
the breeding sites or resting places of the species, listed in Annex IV of the Habitats
Directive, 92/43/EEC.
23. The above species of birds, animals and plants, and habitats will attract the liability provisions
of these Regulations wherever they occur in Ireland. As such, whether such species and
habitats are in Special Areas of Conservation, National Parks, Natural Heritage Areas or
indeed in any part of Ireland, inclusive of the 200 mile exclusive fishery limit, the same level of
protection applies under these Regulations, and boundaries will not present any limits on
protection. Operators should ensure that they are familiar with the species and habitats
protected under these Regulations.
24. Additional species and habitats may be included but, in this event, these will be subject of
separate regulations - this is outlined in the Bill. Further details on this aspect are outlined in
Appendix 3 of the Screening RIA.
Land Damage
25. 'Land damage' means any land contamination that creates a significant risk of human health
being adversely affected as a result of the direct or indirect introduction, in, on or under land, of
substances, preparations, organisms or micro-organisms.
26. The significance of the risk of human health being adversely affected needs to be assessed.
A number of factors should be considered in assessing land damage and determining whether
the risk of human health has been significant or otherwise, these include: the characteristic
and function of the soil; the type and concentration of the harmful substances; preparations,
organisms or micro-organisms; their risk and the possibility of their dispersion. Determining
the significance of this damage will be a matter for the EPA.
Water Damage
27. 'Water damage' means any damage that significantly adversely affects the ecological,
chemical and/or quantitative status and/or ecological potential, as defined in the Water
Framework Directive, of the waters concerned; some exceptions are provided. The
Regulations identify the body of waters which come within the scope of the Regulations.
28. Water damage that has a significant risk of human health being adversely affected comes
within the scope of these Regulations. Assessing water damage will depend on the
assessment of the monitoring data available before and after the incident of damage occurs.
Determining whether this damage is such that it significantly adversely affects the parameters
Guidance: Draft Environmental Liability Regulations (version 1)
page 4 of 13
involved or is simply damage/deterioration with respect to the parameter concerned will be a
matter for the EPA to decide.
Waters
29. For the purposes of these Regulations, 'waters' means all waters covered by the Water
Framework Directive and as such includes all waters from rivers to lakes to coastal waters out
to 12 nautical miles (i.e. including the territorial seas). The area between 12 nautical miles and
the 200 mile exclusive fishery limits is not included for the purposes of water damage. Apart
from this area, there has been no exclusion of any stretch of water regardless of its size.
Regulation 3 - Scope
30. This Regulation transposes Article 3 of the ELD and outlines the activities to which the
Regulations apply. Although liability provisions vary depending on the activity concerned,
these Regulations have implications for all occupational activities.
Schedule 3 Activities
31. Regulation 3(1)(a) provides that an operator of certain occupational activities, identified in
Schedule 3 (Annex III of the ELD), is strictly liable for environmental damage caused by that
activity and to any imminent threat of such damage occurring because of that activity. The
activities listed in Schedule 3 are activities which are regulated under various Irish statutes and
are considered to be of higher risk to the environment. As outlined earlier, the primary
legislation provides for references to be made to the Irish transposing legislation for these
activities rather than to the Directives.
Other Activities
32. Regulation 3(1)(b) provides that for all other occupational activities, other than those listed in
Schedule 3, the operator is liable for damage to protected species and habitats caused by that
activity and to any imminent threat of such damage occurring because of that activity, where
the operator has been at fault or negligent.
33. Regulation 3(3) provides that private parties are not given a right of compensation as a
consequence of environmental damage or of an imminent threat of such damage.
Integration with existing regimes
34. Existing domestic legislation that addresses damage to the environment remains in place and
Regulation 3(4) provides that the Regulations are without prejudice to the generality of the
provisions of existing domestic legislation. Effectively, where environmental damage occurs,
the liability-related actions are likely to be taken under these Regulations rather than under the
powers in domestic legislation (where these exist) but not under both sets of legislation
because the scope and effect of existing domestic legislation is not as great as that provided in
these Regulations. Operators should ensure that they are aware of their responsibilities under
existing legislation as well as under these Regulations.
Guidance: Draft Environmental Liability Regulations (version 1)
page 5 of 13
Regulation 4 - Exceptions
35. This Regulation transposes Article 4 of the ELD and provides for a number of exceptions from
the liability scheme. Environmental damage or an imminent threat of such damage resulting
from the following are excluded from the scope of these Regulations:
(i)
an act of armed conflict, hostilities, civil war or insurrection;
(ii)
a natural phenomenon of exceptional, inevitable and irresistible character;
(iii)
activities the main purpose of which is serve national defence or international security;
(iv)
activities the sole purpose of which is to protect from natural disasters; and
(v)
damage caused by pollution of a diffuse character (where it is not possible to establish
a causal link between the damage and the activities of individual operators).
36. Regulations 4(2), 4(3) and 4(4) provide other exceptions. They preclude the application of the
Regulations to environmental damage or to an imminent threat of such damage arising from an
incident in respect of which liability or compensations falls within the scope of a number of
conventions. Further details in relation to the exceptions are provided in Appendix 3 of the
Screening RIA.
Regulation 5 - Temporal application
37. This Regulation transposes Article 17 of the ELD and outlines the time limits for application of
the ELD.
38. The "operative date" of the ELD/these Regulations in Ireland will be the date on which the
transposing instrument comes into effect. As such, environmental damage caused by an
emission, event or incident which takes place prior to the "operative date" is not covered by
these Regulations; and environmental damage caused by an emission, event or incident which
takes place after the "operative date" but which has derived from a specific activity which took
place and finished before the "operative date" is not covered by these Regulations.
39. In addition, this Regulation provides that environmental damage caused by an emission, event
or incident which took place 30 years previously is not covered by these Regulations. This
means that an operator would not be considered liable for an incident which caused
environmental damage which has only recently come to light where that incident occurred
more than 30 years previously.
Regulation 6 - Competent authority
40. This Regulation transposes Article 11 of the ELD and provides for the EPA to be designated as
"the competent authority" for the purposes of these Regulations.
41. The Regulation also outlines the duties of the EPA with respect to instances of environmental
damage or an imminent threat of such damage which include: establishing which operator has
caused the damage or the imminent threat of damage; assessing the significance of the
damage; and determining which remedial measures should be taken.
Guidance: Draft Environmental Liability Regulations (version 1)
page 6 of 13
Regulation 7 - Preventive action
42. This Regulation transposes Article 5 of the ELD and outlines the operator's responsibilities with
respect to an instance of an imminent threat of environmental damage. The responsibilities of
the EPA are also outlined.
43. An operator is required to take the necessary preventive measures where an imminent threat
of environmental damage occurs. While there are similar provisions in existing domestic
legislation these are not as extensive as the corresponding provisions in these Regulations. It
is intended to allow these regimes to exist in parallel with these Regulations especially as
some of these provisions apply to damage to the environment outside the scope of these
Regulations.
44. It is noted that an operator may not, in all circumstances, have sufficient information to
determine whether the imminent threat of damage is indeed environmental damage as defined
in the ELD/Regulations. However, it is considered that, where an operator is in doubt, they
should adopt a precautionary approach and take the necessary preventive measures.
45. The Regulation also provides that it is an offence for an operator not to comply with its specific
obligations on preventive action.
Regulation 8 - Remedial action
46. This Regulation transposes Article 6 of the ELD and outlines the operator's responsibilities with
respect to the occurrence of environmental damage. The responsibilities of the EPA are also
outlined.
47. An operator is required to take the necessary remedial measures where environmental
damage occurs. This includes specific remedial measures under this Regulation and remedial
measures under Regulation 9.
48. It is noted that an operator may not, in all circumstances, have sufficient information to
determine whether the actual damage is indeed environmental damage as defined in the
ELD/Regulations. However, it is considered that, where an operator is in doubt, they should
adopt a precautionary approach and take the specific remedial measures detailed in
Regulation 8(1)(a).
49. The Regulation also provides that it is an offence for an operator not to comply with its specific
obligations on remedial action.
Regulation 9 - Determination of remedial measures
50. This Regulation transposes Article 7 of the ELD and outlines the steps to be taken in
determining the appropriate remedial measures. An operator is required to identify the
potential remedial measures in accordance with Schedule 2 to these Regulations (i.e. Annex II
of the ELD), and to submit these to the EPA for their approval. Prior to making a decision on
the remedial measures to be taken and the appropriate prioritisation of these, the EPA is
required to consult with relevant persons.
Guidance: Draft Environmental Liability Regulations (version 1)
page 7 of 13
51. The Regulation also provides that it is an offence for an operator not to comply with its specific
obligations on the identification and submission of the potential remedial measures.
Regulation 10 - Land owners
52. This Regulation provides that land owners cooperate as required with the EPA and operators
in implementing remedial measures; it gives powers to the EPA to direct land owners to
cooperate.
53. The Regulation also provides that it is an offence for a land owner not to comply with a
direction from the EPA.
Regulation 11 - Request for Action
54. This Regulation transposes Article 12 of the ELD and defines these persons who are entitled
to request the EPA to take action in instances of environmental damage or an imminent threat
of such damage. Such persons are those affected or likely to be affected by environmental
damage, or those having a sufficient interest in environmental decision making relating to the
damage.
55. The persons having a sufficient interest in environmental decision making include
organisations whose aims or objectives relate to the promotion of environmental protection or
who have, during the period of 12 months preceding the request for action, pursued those
aims or objectives. Local authorities, other agencies and environmental non-governmental
organisations who satisfy these requirements are considered to be those who have a sufficient
interest in environmental decision making. For the purposes of this Regulation, persons and
organisations who are affected by environmental damage and the aforementioned
organisations are considered to be the persons referred to in Regulation 11(1).
56. The Regulation also outlines the steps to be taken where the person requests the EPA to take
action, and the actions required of the EPA in such instances.
57. The EPA may dismiss a request for action relating to an instance of an imminent threat of
environmental damage in certain situations - this is outlined in the Bill. Further details on this
aspect are provided in Appendix 3 of the Screening RIA.
Regulation 12 - Review procedures
58. This Regulation transposes Article 13 of the ELD and provides that the persons referred to in
Regulation 11(1) may apply to the High Court to undertake a review of the EPA's decisions by
way of judicial review.
Regulation 13 - Prevention and remediation costs
59. This Regulation transposes Article 8 of the ELD and provides that the operator bears the costs
of preventive and remedial actions taken. Costs are defined in Regulation 2 and include the
costs of assessing environmental damage, an imminent threat of such damage, alternatives for
Guidance: Draft Environmental Liability Regulations (version 1)
page 8 of 13
action as well as the administrative, legal and enforcement costs, the costs of data collection
and other general costs, monitoring and supervision costs.
60. Regulation 13(2) provides that where the EPA incurs costs in relation to preventive or remedial
actions taken, it may recover these costs from the operator who has caused the damage or the
imminent threat of damage.
61. Regulation 13(3) provides operators with certain exemptions from the costs of preventive or
remedial actions taken in specific situations involving a third party or a public authority.
62. In addition, operators may be in a position to seek an exemption from the costs of remedial
action in certain situations as outlined in the Bill - permit and state-of-the-art defences.
However, these defences do not apply to the cultivation of GMOs (including field trials).
Further details on this aspect are provided in Appendix 3 of the Screening RIA.
Regulation 14 - Cost allocation in cases of multiple party causation
63. This Regulation transposes Article 9 of the ELD and provides that costs may be allocated on
the basis of joint and several liability i.e. where a group of operators are liable for the costs of
remediation, each member of that group is also responsible for the whole amount, irrespective
of their actual contribution to the damage.
Regulation 15 - Limitation period for recovery of costs
64. This Regulation transposes Article 10 of the ELD and provides for the initiation of cost recovery
proceedings by the EPA to be taken within 5 years from the date on which the measures have
been completed or the liable operator or third party has been identified, whichever is the later.
Regulation 16 - Cooperation with regulatory authorities
65. This Regulation provides powers to the EPA to ensure effective and efficient cooperation with
regulatory authorities who may be involved in supporting the EPA for the purposes of these
Regulations.
Regulation 17 - Cooperation between Member States
66. This Regulation transposes Article 15 of the ELD and provides for cooperation between
Member States with a view to ensuring that preventive action and where necessary, remedial
action is taken in respect of any environmental damage. This cooperation has particular
importance with respect to Northern Ireland and specifically from a water aspect as a number
of river basin districts are shared between the two jurisdictions. Arrangements for cooperation
between the respective competent authorities will be put in place.
Regulation 18 - Register
67. This Regulation provides that the EPA maintains and provides the reports, as necessary and
as required under Article 18 of the ELD.
Guidance: Draft Environmental Liability Regulations (version 1)
page 9 of 13
Regulation 19 - Injunctive Relief
68. This Regulation provides the EPA with powers to seek a High Court order to direct an operator
or a land owner to comply with the direction or requirement under these Regulations and to
make any other provisions including the payment of costs.
69. It also provides that such applications to the High Court will be permissible regardless of
whether or not there has been a prosecution or an intention to prosecute under these
Regulations.
Regulation 20 - Powers of authorised persons
70. The purpose of this Regulation is to provide that persons, authorised by the EPA may enter
any premises where they have reasonable grounds for believing that there is environmental
damage or there may be an imminent threat of environmental damage.
71. The Regulation also provides that it is an offence for a person to refuse, obstruct or impede
such personnel in carrying out their duties, or not to comply with any direction given by such
personnel.
Regulation 21 - Offences
72. The purpose of this Regulation is to provide for summary and indictable offences. Summary
offences may be prosecuted by the EPA and indictable offences are a matter for the Director
of Public Prosecutions.
Environment Policy Section
Department of the Environment,
Heritage and Local Government
July 2008
Guidance: Draft Environmental Liability Regulations (version 1)
page 10 of 13
Transposition Table
Environmental Liability Directive
Article 1
Purpose
Article 2
1
2
3
(c)
4
5
6
7
8
9
10
11
12
13
14
15
16
Article 3
1
2
3
Article 4
1
2
3
4
5
6
Article 5
1
2
Definitions:
environmental damage
damage
protected species and natural
habitats
Extension of the habitats and
species discretion
1.
2.
To be dealt with in the draft Environmental
Liability Bill
conservation status
waters
operator
occupational activity
emission
imminent threat of damage
preventive measures
remedial measures
natural resource
services and natural resources services
conservation status
waters
operator
occupational activity
emission
imminent threat of damage
preventive measures
remedial measures
natural resource
services and natural resources
services
baseline condition
recovery and natural recovery
costs
Scope and application
baseline condition
recovery and natural recovery
costs
other ancillary definitions
Scope
3.
(1)
(2)
(3)
(4)
Exceptions
4.
deals with overlap with existing legislation
Exceptions
(1)
(2)
(3)
(4)
(5)
(6)
Preventive action
7
Preventive action
(1)
(2)
(3)
(4)
(5)
(6)
3
4
Article 6
1
2
Draft Environmental Liability Regulations
Not necessary for transposition
Citation and commencement
Interpretation
environmental damage
damage
protected species and natural habitats
Remedial action
8.
3
Guidance: Draft Environmental Liability Regulations (version 1)
(1)
(2)
(3)
(4)
part of Art 5(4)
remaining part of Art 5(4)
offences
Remedial action
part of Art 6(3)
remaining part of Art 6(3)
page 11 of 13
Environmental Liability Directive
Article 7
1
2
3
4
Determination of remedial measures
Article 8
1
2
3
Prevention and remediation costs
4
(Permit and State of the Art
Defences)
5
Article 9
Article 10
Article 11
1
2
3
4
Article 12
1
2
3
4
Cost allocation - multiple party
Limitation period for recovery of
costs
Competent authority
Draft Environmental Liability Regulations
(5)
offences
9.
Determination of remedial measures
(1)
(2)
(3)
(4)
(5)
offences
13.
Prevention and remediation costs
(1)
(2)
(3)
To be dealt with in the draft Environmental
Liability Bill
(4)
Cost allocation in cases of multiple party
14.
causation
15.
Limitation period for recovery of costs
6.
Competent authority
(1)
(2)
(3)
(4)
Request for action
11.
Request for action
(1)
(2)
(3)
(4)
To be dealt with in the draft Environmental
Liability Bill
Review procedures
5
Article 13
1
2
Article 14
1
2
Article 15
1
2
3
Article 16
1
2
Article 17
Article 18
1
2
3
Article 19
Review procedures
12.
(1)
(2)
Not necessary for transposition
Financial security
Not necessary for transposition
Not necessary for transposition
Cooperation between member
states
17.
Cooperation between Member States
(1)
(2)
(3)
Relationship with national law
Temporal application
Reports and review
5
18.
Not necessary for transposition
Not necessary for transposition
Temporal application
Register
Not necessary for transposition
Not necessary for transposition
Implementation
Guidance: Draft Environmental Liability Regulations (version 1)
page 12 of 13
Environmental Liability Directive
Draft Environmental Liability Regulations
Not necessary for transposition
Not necessary for transposition
Not necessary for transposition
Not necessary for transposition
10.
Land owners
15.
Cooperation with regulatory authorities
19.
Injunctive Relief
20.
Powers of authorised persons
21.
Offences
Criteria in Assessing Damage to Protected
Schedule 1
Species and Natural Habitats
1
2
Article 20
Article 21
Entry into force
Addressees
Annex I
Criteria referred to in Article 2(1)(A)
Annex II
Remedying of environmental
damage
Schedule 2
Remedying of Environmental Damage
Annex III
Activities referred to in Article 3(1)
Schedule 3
Activities; and to be dealt with in the draft
Environmental Liability Bill
International conventions referred to
in Article 4(2)
International instruments referred to
in Article 4(4)
Information and data referred to in
Article 18(1)
Schedule 4
International Conventions
Schedule 5
International Instruments
Annex IV
Annex V
Annex VI
Guidance: Draft Environmental Liability Regulations (version 1)
Not necessary for transposition
page 13 of 13