civil liability regime

Member States shall ensure that their legal systems make provision for equitable civil liability regimes for auditors.

Similarly, in the Savary report what is the problem with including chemical pollution in a civil liability regime alongside oil pollution?

• The Canadian Securities Administrators (CSA) has developed a proposed secondary civil liability regime.

The deemed insider provisions set out in s. 131(3) and new (3.1) are designed to broaden the scope of the civil liability regime to harmonize with provincial securities legislation.

Member States may decide to: a) set a limit on the compensation for damages payable by auditors in the event of disputes, b) introduce a proportional civil liability regime.

The LLMC is a convention of horizontal scope which harmonises civil liability regimes of ship owners in cases where none of the sectoral conventions apply.

The Commission, assisted by EMSA, has examined the economic impact of the implementation of the civil liability regime contained in article 6.2(b) of the Directive.

The other CSA jurisdictions propose to adopt the civil liability regime in connection with the CSA’s Uniform Securities Legislation Project.

Michel Barnier, Europe's internal market commissioner, welcomed agreement on rules that aimed to reduce "the over-reliance on ratings, eradicate conflicts of interest, and establish a civil liability regime."

The Working Party recalled that its programme of work contains as a priority item, the "... analysis of possibilities for reconciliation and harmonization of civil liability regimes governing combined transport operations."

On the other hand, applying the civil liability regime to shipowners whose countries have not signed the 1996 Convention, in addition to providing an incentive to sign and ratify the Convention, does not entail any legal uncertainty.

Considering various options for possible follow-up actions, the Working Party decided to continue its work towards reconciliation and harmonization of civil liability regimes governing multimodal transport taking account of the current work undertaken in other international fora.

More broadly, provincial securities regulators have, in the Uniform Securities Legislation Project, agreed on a harmonized and strengthened enforcement framework involving tougher penalties, enhanced investigative powers and a statutory civil liability regime for secondary market disclosures.

Back in 2001, there was provision in Article 8(5) of the directive for the Commission to submit to Parliament and the Council an assessment report on the economic impact of the civil liability regime laid down in Directive 94/57/EC.

It is important to note that the study has shown that recognised organisations have not increased their insurance coverage as a result of the entry into force of the current civil liability regime under the directive – although this insurance is in general considered sufficient for the Directive thresholds.

In such cases, the civil liability regime established by the Member States in accordance with this Directive shall provide that the shipowner loses any right to limit his liability if it is proved that the damage resulted wholly or in part from his personal act or omission.

Experts, however, representing road and rail transport industries, combined transport operators, transport customers and shippers felt that work towards harmonization of the existing modal liability regimes should be pursued urgently and that a single international civil liability regime governing multimodal transport operations was required.

COMMISSION WORKING DOCUMENT on the control of recognised organisations by the Commission and on the impact of the civil liability regime in accordance with Directive 94/57/EC (Text with EEA relevance) 1.

Noting that the results of a study commissioned by the European Commission as part of its activities on a freight integrator action plan covering also civil liability regimes applicable to intermodal transport was planned to be completed in autumn 2005, the Working Party decided to revert to this issue at its September 2005 session.

The Working Party, recalling the specific mandate given to it by the ITC (ECE/TRANS/162, para.4), felt that the time might now have come to consider concrete steps towards preparation of a pan-European civil liability regime applicable to intermodal transport, covering road, rail, inland water and short sea shipping.

The Working Party recalled that, following the organization of two "hearings" with concerned industry groups (TRANS/WP.24/2000/3), it had already considered in 2002 concrete steps to reconcile and harmonize the existing and widely diverging civil liability regimes covering intermodal transport in Europe (TRANS/WP.24/95, paras.

With regard to the amendments, I would say that Amendments 27 and 28 make changes to the civil liability regime of the recognised bodies, and these seem to us to be inconsistent in practice.

In this connection, last week, I tabled a written question highlighting the fact that offshore oil platforms are subject to a less binding civil liability regime than large industrial plants.