CouncilEurope

Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment

(ETS No. 150)

Open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and by the European Union, in Lugano, on 21 June 1993.

Entry into force: The Convention will enter into force after 3 ratifications.

Summary of the treaty

The Convention aims at ensuring adequate compensation for damage resulting from activities dangerous to the environment and also provides for means of prevention and reinstatement. It considers that the problems of adequate compensation for emissions released in one country causing damage in another country are also of an international nature.

The Convention first explains some technical terms as "dangerous activity", "dangerous substance", "genetically modified organism" and so on.

The system of the Convention is based on objective liability taking into account the "polluter pays" principle. However, specific rules are provided concerning the fault of the victim, causation, joint liability of the operators of installations or sites for damage, and a compulsory financial security scheme to cover liability under the Convention.

The Convention provides that persons interested have the right to access to information held by bodies with public responsibility for the environment.

The Convention sets up a Standing Committee which is responsible for the interpretation and implementation of the Convention. The Committee may make recommendations as regards the implementation of the Convention and propose any necessary amendments to the Convention.