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The EU Environmental Liability Directive and Other International Laws
The “European Union 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 and focuses primarily on the prevention of environmental damage. The ELD, which embodies concepts similar to the natural resource damages regime under US law, 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”.
Transporters or disposers of waste and hazardous waste, companies whose operations have resulted in a discharge of dangerous substances or genetically modified organisms, as well as industries, need to be aware of the potential liability for environmental damage under the ELD. Liability for environmental damage under the ELD may arise from an accidental release of hazardous substance(s) that damages protected species or habitats, soil or water.
The text of the ELD can be found here.
Related Directives and Initiatives
- Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (Text with EEA relevance)
- The European Green Deal (2019)
- Directive 2013/30/EU of the European Parliament and of the Council
of 12 June 2013
on safety of offshore oil and gas operations and amending Directive 2004/35/EC (Offshore Oil and Gas Safety Directive)
- Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the Control of Major-Accident Hazards Involving Dangerous Substances.” Official Journal of the European Communities. (L 345/97) 31 December 2003 (Seveso II Directive)
- “Directive 2000/60/EC of The European Parliament and of The Council of 23 October 2000 Establishing a Framework for Community Action in the Field of Water Policy”. Official Journal of the European Communities. 22 December 2000 (Water Framework Directive)
- “Council Directive 96/61/EC of 24 September 1996 Concerning Integrated Pollution Prevention and Control”. (OJ L 257 , 10/10/1996 P. 0026 – 0040) (IPPC Directive)
- “Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora”. (OJ L 206, 22.7.1992, p. 7), as Amended 29 September 2003 (Habitats Directive)
- “Council Directive 79/409/EEC of 2 April 1979 on the Conservation of Wild Birds”. (OJ L 103, 25.4.1979, p. 1), as Amended 14 April 2003 (Birds Directive)
- “Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law"
Other International Laws
- UK Environment Act 2021
- For information on natural resource liability laws or regulations in a specific country, please contact us.
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