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The EU “Directive on environmental liability with regard to the prevention and remedying of environmental damage” (”ELD”) was adopted by the European Parliament on 21 April 2004. The Directive makes Member States responsible for ensuring that “damage to water, land and biodiversity is either prevented, by taking appropriate measures in cases of imminent threats, or effectively remedied by restoring the previous condition if the damage has already been done”. By 30 April 2007, Member States were required to “bring into force the laws, regulations and administrative provisions necessary to comply with the Directive.”
All 27 Member States have implemented the ELD into national law, in whole or part.
The fundamental principle of the ELD is prevention of environmental harm through the incentives generated by potential liability, based around the theory that if operators are exposed to financial liabilities for damage, they will be induced to adopt measures and develop practices to minimize the risks of environmental damage. It is focused on restoration of injured resources in the event that damage does occur. The ELD imposes liability for damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive and land; however, the ELD excludes oil spills. Under the ELD, a wide range of operators may potentially be exposed to liability, including transporters or disposers of waste and hazardous waste, companies whose operations have resulted in a discharge of dangerous substances or genetically modified organisms, and other industrial sectors.
This website serves as a focal point for exchanging information on a variety of practice issues, activities and meetings related to the Environmental Liability Directive and its evolving implementation.
