| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2016) 204 final (14.4.16) |
| Publication Date | 14/04/2016 |
| Content Type | Policy-making, Report |
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This second implementation report on Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage ('the Environmental Liability Directive' or 'ELD') presents the experience gained in applying the Directive between 2007 and 2013. The report contains conclusions and recommendations on how to improve the implementation on the ground, based on the REFIT evaluation undertaken over the past two years. The evaluation assessed how the Directive works and whether it is “fit for purpose”, backed up by two studies done in 2012 and three from 2013. The ELD addresses cases of significant environmental damage. It implements the 'polluter pays' principle which is set out in Article 191 of the Treaty on the Functioning of the European Union, meaning that the public should not pay if an industrial operation causes significant environmental damage. Operators carrying out occupational dangerous activities as listed in Annex III ELD are strictly liable for the environmental damage they caused, i.e. there is no need to prove fault (intent or negligence). Operators carrying out other than dangerous occupational activities are liable on the basis of fault. The main objectives of the Directive are to prevent environmental damage if there is an imminent threat and to remedy it if it has already occurred. In line with the polluter-pays principle, the liable operator must take the necessary preventive or remedial action and must bear all costs. Damage is considered to be remedied once the environment has been returned to its pre-damage state. The ELD covers damage to biodiversity (protected species and natural habitats), water and land. Traditional damage (damage to property, loss of life and bodily injury or economic loss) is not covered by the Directive. |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:204:FIN |
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| Subject Categories | Environment |
| Countries / Regions | Europe |
