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Organisation for Economic Co-operation and Development: Council Recommendation on the Application of the Polluter-Pays Principle to Accidental Pollution

Published online by Cambridge University Press:  18 May 2017

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Type
Special Selection of Documents on the Environment
Information
International Legal Materials , Volume 28 , Issue 5 , September 1989 , pp. 1320 - 1325
Copyright
Copyright © American Society of International Law 1989

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Footnotes

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[Reproduced from O.E.C.D.Document C(89)88(Final) of July 2b, 1989. The Council Recommendation of May 26, 1971, on the Guiding Principles concerning International Economic Aspects of Environmental Policies and the Council Recommendation of November 14, 1974, on the Implementation of the Polluter-Pays Principle, both mentioned in the preambular paragraphs below, appear respectively at 14 I.L.M. 236 (1975) and 14 I.L.M. 234 (1975).]

References

1 Hazardous installations covered by this Recommendation are as defined in the law applicable in the country of the installation (domestic law and in some instances, European Community law). Countries are not prevented from making provisions under their national laws to the effect that the Guiding Principles also apply to installations excluded under subparagraph 2a of this Appendix.

2 The concept of operator is defined in the law applicable in the countryof the installation, in which attention may be given to criteria such as ownership of certain hazardous substances or possession of a license or permit.

3 In cases where a party other than the operator has, under the law applicable in the country of the installation, strict liability for an accident, the cost of reasonable control measures taken by the authorities would be charged to that party, not to the operator. Whenever national laws provide a regime of strict liability, this regime would be applied in respect of the reimbursement of costs of control measures taken after the accident.

4 Concluding Statement of the OECD Conference on Accidents Involving Hazardous Substances, C(88)83.

5 Recommendation of the Council of 14th November 1974 on the Implementation of the Polluter-Pays Principle, C(74)223.