Current situation
The European Parliament and Council adopted the Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage (2004/35/EC) on 21 April 2004. The Directive entered into force on 30 April 2004, and gives Member States 3 years to transpose its provisions into national law (30 April 2007).

The Environmental Liability Directive is an important tool for environment protection by introducing “polluters pay” principle. This is the reason why EEB has been involved in this issue since the beginning of the discussions, ten years ago. However, the final text of the Directive is relatively weak and leaves members states many options for its transposition into the national level.

What is the EEB doing?
As the Liability Directive leaves options open for members-states in several key aspects of the Directive, there is potential for stakeholders at national level to further influence in a substantial way the application of the directive. NGO at national level should be particularly vigilant as the debates on the transposition of the directive into national legal system could open the door to attempts to weaken existing national legislation or case law. That’s why EEB closely following the transposition process and give recommendations and in formations to its members encouraging them to follow the process a national level.

Below some important aspects of the directive, leaving considerable leeway to the Member States:

• EXEMPTIONS, Article  8 (4) (a) and (b)- Members states can decide not to introduce the clause which exempts operators from liability under broad exemptions or defences making operators strictly liable for all environment damage they cause / Avoid the re-introduction of exemptions, in order to make the polluter pay.

• FINANCIAL SECURITY, Article 14- in the form of liability insurance or dedicated funds - must be made compulsory to make sure that environmental damage is effectively remedied.

• BIODIVERSITY DEFINITION, Article 2 (1)and(3)- All species and habitats protected under international, EU and Member State legislation should be included within the scope of the directive.

• ACESS TO JUSTICE, Article 12 and 13- Interested individuals and groups whose objective is to protect the environment should be allowed to take direct legal action against polluters.

• SCOPE OF THE DIRECTIVE, Article 3 and Annex III- The directive must cover all activities that pose a danger to the environment in particular transport, mining, pesticides, GMO’s, radiation, oil pollution and the use of all dangerous substances and activities.

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	For more information, please contact: Regina Schneider email: info@eeb.org