Criteria for the Assessment of the Environmental Damage (CAED)

Year
2019
Status
Ongoing
Lead country and contact
Tags ECD ELD Indicators/criteria Methodology Remediation

Project description and aims

As part of its 2016-2020 Strategic Work Programme, in 2019 the IMPEL Network set up a project in the environmental damage thematic area, called Criteria for the Assessment of the Environmental Damage (CAED).

CAED project has taken guidance on key terms and definitions of Environmental Damage pursuant to the Environmental Liability Directive (ELD, 2004/35/CE) as a springboard and focuses on the administrative procedures for the determination of environmental damage and imminent threat of damage under ELD.

CAED project has been included in the ELD Multi-Annual Rolling Work Programme (MARWP) 2021-2024 of the EU Commission (as activity 1.3) as one of the activities for capacity building, and it has strong links with the European Commission’s publication on March 25, 2021, of Commission Notice C(2021) 1860 final titled ‘Guidelines providing a common understanding of the term 'environmental damage' as defined in Article 2 of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage’.

CAED project has defined a new approach, methodology and tools for the assessment of the environmental damage and imminent threat of damage and build technical and procedural capacity in screening cases and determining clues and evidence of environmental damage and threat of damage under the Environmental Liability Directive (ELD), caused by events such as environmental incidents, violations, eco-criminal acts.

The developed a guide proving criteria for the screening of potential ELD cases and the assessment of environmental damage and imminent threat of damage under ELD, based on reference parameters relating to ‘evidence’ and ‘clues’ of environmental damage and imminent threat of damage.

In the CAED project report 2019/18 in 2020, an analysis of no. 32 ‘ELD cases’ and ‘non-ELD cases’ across no. 19 jurisdictions in the EU were conducted and common and different ascertainment and assessment approaches from a regulatory, organisational, and technological point of view were identified. The report showed how the ‘clues’ and the ‘evidence’ of environmental damage were detected and evaluated in each case study, identifying strengths, weaknesses, and lessons learned.

Project History and Outputs

In 2020, the CAED project developed a Report (n. 2019/18) containing an analysis of no. 32 ‘ELD cases’ and ‘non-ELD cases’ across no. 19 jurisdictions in the EU were conducted and common and different ascertainment and assessment approaches from a regulatory, organisational, and technological point of view were identified. The report showed how the ‘clues’ and the ‘evidence’ of environmental damage were detected and evaluated in each case study, identifying strengths, weaknesses, and lessons learned.

In 2021, the CAED project developed two supportive tools for the determination of the environmental damage assessment: a Practical Guide including decision-making flowcharts and Practical Tables including indicators. Moreover, a new methodological approach based on a DPSIR (Driver, Pressure, State, Impact, and Response) model adapted to environmental damage assessment was proposed.

In 2022 the project conducted training on the tools, and further developed  the Practical Guide and Practical Tables to include the assessment of the evidence of damage and imminent threat of damage.

In 2023, the CAED project updated/upgraded the existing Practical Guide and Tables, already developed in 2021, with new check-lists for the screening of potential-ELD cases and the identification of imminent threat of damage cases, as well as with new indicators for the identification of environmental damage cases. Moreover, the Practical tables were provided with drop-down lists and an excel macro in order to make their compilation more user-friendly.

New Practical Guide and E-learning Course Launched

In 2024, the updated CAED Practical Guide was published on a dedicated IMPEL webpage, the CAED Guidance webpage, designed for easy reading, intuitive searching, and smooth navigation—perfect for online users.

Alongside the guide, the first IMPEL e-learning course was launched to help users apply the CAED Practical Guidance and Tables for assessing environmental damage. The course features video tutorials, interactive tools, and additional resources to support effective learning.

Training the Trainers

The core CAED team participated in a comprehensive “Train the Trainer” program, delivered by the Knowledge and Information Programme (KIP) Experts Team. This training equipped the CAED team to deliver CAED-based training sessions across Europe.

Workshops Across Europe

Building on their training, the CAED team contributed to the European Commission’s Pilot Training Workshops Program on the Environmental Liability Directive (ELD) held in:

  • Athens, Greece (14–16 October 2024), hosted by the Ministry of the Environment and Energy
  • Bucharest, Romania (19–21 November 2024), hosted by the Ministry of Environment, Waters and Forests.
  • Riga, Latvia (7–9 April 2025), hosted by the State Environmental Service.

Training materials from these sessions are available here.

What’s Next?

The CAED project will continue to conduct training activities, on CAED new approach, methodology and tools based on field experience of ELD assessments.

For inquiries please contact info@impel.com.

 

 

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