What Environmental Liability Directive 2004/35/EC: Preventing and Remedying Environmental Damage via Polluter Pays requires
Directive 2004/35/EC establishes a framework for environmental liability based on the polluter-pays principle to prevent and remedy environmental damage. Environmental damage is defined as damage to protected species and natural habitats (significant adverse effects on favourable conservation status), water damage (significant adverse effects on ecological, chemical, or quantitative status per Directive 2000/60/EC), and land damage (contamination creating significant risk to human health). The Directive applies to environmental damage caused by occupational activities listed in Annex III, and to damage to protected species and natural habitats from other occupational activities only if the operator is at fault or negligent. Operators must take immediate preventive measures when there is an imminent threat of damage and inform the competent authority, which can require information, take measures, or give instructions. Operators must also take remedial measures when damage occurs, including controlling contaminants and implementing primary, complementary, and compensatory remediation as per Annex II. The competent authority assesses significance, identifies the liable operator, determines remedial measures, and can take actions itself if the operator fails. The Directive does not apply to armed conflict, natural phenomena, certain international conventions, nuclear risks, or activities for national defense. It has a five-year limitation period for cost recovery from completion of measures or identification of liable party, whichever is later. Member States were required to implement by 30 April 2007. The Directive does not cover personal injury, private property damage, or economic loss and does not give private parties a right of compensation.
Pillar: Water & Environmental Resources · Authority: European Commission (DG ENV) · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035
SHA-256 integrity: 8643657f462f277ccc803b9cddbc0a9d813dfba0a0c27f149312e23c9f8f395e
Primary Citations — 9 traced to source
- Directive 2004/35/EC 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 (OJ L 143, 30.4.2004, p. 56) - Article 1: Subject matter establishes framework of environmental liability based on polluter-pays principle.
- Directive 2004/35/EC, Article 2(1): Definitions of environmental damage including damage to protected species and natural habitats, water damage, and land damage.
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