Table 1 - ELD Assessment Framework Judgement criteria Evaluation criteria Indicators Sub-indicators Objectives Objectives of the Directive are Relevance Incidents of damage to environment (E) Biodiversity damage General objective still relevant Water damage To prevent and remedy Soil damage environmental damage Air damage Other types of damages to the environment Relevance Liability cases for environmental incidents under Administrative law national administrative, civil and criminal law (U) Civil liability law Criminal law The ELD incidents are Biodiversity damage identified (they are significant) Relevance / ELD cases (significant damage) (E) Water damage Effectiveness Soil damage Environmental damage is prevented or remediated The operators carrying Effectiveness / - General objective hazardous activities take Efficiency where the operator takes action and pays for To establish a framework of measures and pay for damages the damage (U) environmental liability based on the caused Relevance / Defences applied (E) - principle, Effectiveness ‘polluter-pays' Relevance / Type of liability (E) Fault based Effectiveness Strict liability (per each ELD Annex III activity) Effectiveness Cases where preventive measures applied avoided Environmental management Specific objective damage (E) systems used Ensure prevention of environmental Member States progress Environmental management damages towards achieving the systems not used objectives set out in the Effectiveness Cases where preventive measures applied did not Environmental management Directive avoid damage (E) systems used Preventive measures adopted in Environmental management cases of imminent threat to the systems not used environment are adopted and Primary remediation Cases Specific objective avoided damage Effectiveness Primary and Complementary Ensure full remediation of remediation
Table 1 - ELD Assessment Framework Objectives Judgement criteria Evaluation criteria Indicators Sub-indicators General objective To prevent and remedy environmental damage Objectives of the Directive are still relevant Relevance Incidents of damage to environment (E) Biodiversity damage Water damage Soil damage Air damage Other types of damages to the environment Relevance Liability cases for environmental incidents under national administrative, civil and criminal law (U) Administrative law Civil liability law Criminal law The ELD incidents are identified (they are significant) Environmental damage is prevented or remediated Relevance / Effectiveness ELD cases (significant damage) (E) Biodiversity damage Water damage Soil damage General objective To establish a framework of environmental liability based on the ‘polluter-pays' principle, The operators carrying hazardous activities take measures and pay for damages caused Effectiveness / Efficiency where the operator takes action and pays for the damage (U) - Relevance / Effectiveness Defences applied (E) - Relevance / Effectiveness Type of liability (E) Fault based Strict liability (per each ELD Annex III activity) Specific objective Ensure prevention of environmental damages Member States progress towards achieving the objectives set out in the Directive Preventive measures adopted in cases of imminent threat to the environment are adopted and avoided damage Effectiveness Cases where preventive measures applied avoided damage (E) Environmental management systems used Environmental management systems not used Effectiveness Cases where preventive measures applied did not avoid damage (E) Environmental management systems used Environmental management systems not used Specific objective Ensure full remediation of Effectiveness Cases Primary remediation Primary and Complementary remediation
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