Environmental Liability: Who pays the price for polluting the environment?

What is ELD and does it work?

The EU has a common framework to address cases of environmental damage. It is Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD).

 With the ELD the EU tried to establish a common liability framework for the prevention and remediation of damage to animals, plants, natural habitats water resources and soil damages to a reasonable cost for society. The liability scheme is narrowed to certain specified occupational activities. Public authorities are responsible implementing the necessary (financial, preventive, remedial) measures on responsible operators.

 Ever since its adoption - the transposition and implementation of the ELD and the respective practice of the MSs has been on the agenda of J&E. Analytical work has been done and measures been taken to raise awareness on the existence and content of ELD among the public, stakeholders and decision-makers. We are constantly monitoring the implementation of the ELD in our member countries and thereby generate findings and proposals for national decision makers as well as for the European Commission.

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