This web guidance has been prepared based on the IMPEL Practical Guidance on Financial Provision for Environmental Liabilities published in 2018. The guide has been produced by a team of regulators, academics and consultants, under the European Network for the Implementation and Enforcement of Environmental Law (IMPEL), with the support of the European Commission. It has been peer reviewed by the project team and by the IMPEL Cross Cutting Expert Group.
The practical guide is intended as a reference document for regulators. It does not prescribe what a regulator should do. Instead, it aims to provide information to assist regulators in making better decisions about financial provision for environmental obligations and liabilities. In this way, it should contribute to improved protection of the environment and the public purse, promote compliance with the polluter pays principle and encourage operator investment in pollution prevention.
The guide identifies issues to consider in the decision-making process when assessing financial provision, and assists regulators and other users in finding successful solutions. It also highlights the importance of ongoing maintenance and monitoring of financial provision to ensure successful delivery of that financial provision when required and provides examples of usage and guidance internationally.
Chapter 1: Environmental Liabilities
This chapter provides the legal background and underlying principles of financial provision.
Chapter 2: Financial Provision
This chapter gives an overview of financial provision systems.
Chapter 3: Calculation amount of financial provision
This chapter provides information on the calculation of the amount of financial provision.
Chapter 4: Factsheets Putting the right instrument in place
This chapter provides a detailed breakdown of the key advantages and disadvantages of each financial provision, together with recommended checks.
Chapter 5: Monitoring and Enforcement
This chapter contains advice on the monitoring of financial provisions and enforcement.
Chapter 6: Other Approaches to address environmental iiabilities
This chapter deals with other approaches to provide for environmental liability, such as extended liability and general funds.
The annex of the guidance provides examples of the usage of guidance.