Guidance and tools (3)

This 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.

This Practical Guide proposes a new approach for the assessment of environmental damage based on three phases of ascertainment and on reference parameters relating to evidence” and to “clue” of environmental damage, taking guidance on the Guidelines SNPA 33/2021 of the National System for Environmental Protection of Italy (see eferences) as a springboard.

This web guidance has been prepeared based on the IMPEL Practical Guidence 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 three main parts of the guide provide:

1. information on the calculation of the amount of financial provision including links to available tools and template;
2. a detailed breakdown of the key advantages and disadvantages of each financial provision, together with recommended checks for financial provision in general and for each financial provision; and
3. examples of usage and guidance.