"Council of Europe: Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, 1993" [2005] ELECD 269; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 46

Section Title: Council of Europe: Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, 1993

Number of pages: 7

Extract:

46. Council of Europe: Convention on Civil
Liability for Damage Resulting from
Activities Dangerous to the Environment,
1993

Commentary: The Lugano Convention (1993) ETS 150 (not yet in force) covers all
types of damage (including environmental damage) and is not limited to that of a trans-
boundary nature. Hence its provisions go further than several governments are
prepared to accept. Article 14 provides that any person may access environmental
information held by `public authorities' (further defined in Article 13) without having to
prove an interest but that this right may be restricted where it affects inter alia commer-
cial or industrial confidentiality, including intellectual property. Article 18 provides that
environmental protection associations or foundations may request the prohibition of
dangerous activities which are unlawful and pose grave threats of environmental damage
or that operators be ordered to adopt preventive or reinstatement measures. Article
19 concerning jurisdiction provides that compensation actions may only be brought
before the national courts of the State where damage was suffered, where dangerous
activities were conducted or where defendants have their habitual residence. Annex I
lists criteria and methods for several categories of dangerous substances and Annex II
identifies installations or sites for incinerating, treating, handling or recycling waste.
On laws, regulations and administrative provisions relating to classifying, packaging and
labelling dangerous substances, see EC Directives 67/548/EEC (1967) (OJEC No. L196/1),
88/379/EEC (1988) (OJEC No. L187/14), 90/492/EEC (1990) (OJEC No. L275/35),
92/32/EEC (1992) (OJEC No. ...