Implementation of the Environmental Liability Directive

The main aim of the Environmental Liability Directive(ELD) is to establish a mechanism to prevent and remedy significant environmental damage based upon the principle of 'the polluter pays'. The Directive was adopted in April 2004 and EU member states were obliged to transpose it into domestic law by April 2007, with considerable discretion on its implementation. The UK Government failed to meet this deadline, having launched a consultation on its proposals for implementation only at a late stage in November 2006. The Government's proposals are based on the policy approach of not going beyond the minimum requirements of a Directive unless there are exceptional circumstances justified by a cost-benefit analysis and after extensive stakeholder engagement, with the political motive of avoiding accusations of 'gold plating' of EU legislation. The Committee's report criticises the Government for using this 'minimum implementation' approach, particularly in its unwillingness to extend the ELD to nationally-protected biodiversity. The Committee calls on the Government to provide a proper justification of its policy choices that does not rely simply on the blanket approach of avoiding 'gold plating', in order to show decisions are proportionate and evidence-based.

United Kingdom: House of Commons: Environment, Food and Rural Affairs Committee: 6th Report (2006-07)HC 694 http://www.publications.parliament.uk/pa/cm200607/cmselect/cmenvfru/694/694.pdf

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