The Environmental Liability Directive''
2004/35/EC
is a

European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...

Directive on enforcement of claims against occupational activities which damage the

environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...

. Its objective is to create "a more uniform regime for the prevention and remediation of environmental damage" across the EU.

Backgrounds

The Directive came into force across Europe during 2009 and in the UK it became law on 1 March 2009, converting the various national Pollution Prevention Guidelines (PPGs) such as the UK's Planning Policy Guidance Notes PPG11, PPG18 and PPG21 into requirements where failure to comply can result in fines and remediation or reinstatement costs. Unlike the Seveso II Directive, Directive 96/82/EC, which applied to large high risk businesses, the Environmental Liability Directive applies to all businesses large and small alike. Two of the most important considerations within the Directive are the containment of spills (such as milk, cooking oil or diesel) and

firewater Firewater may refer to: Liquid * High-proof beverages, particularly illegal moonshine * Firewater (fire fighting), the polluted water remaining after fire fighting * Fire water, water stored in tanks for wildfire suppression Art and Entertainment ...

, the runoff from fire fighting, which is likely to consist of water, foam and site-based materials. It can be deadly and have a major impact to the environment should it escape from your site. Hence, key in the Directive is an Environmental Management System MSthat to contain spills and firewater on their site for safe disposal later.

Article 2 defines unlawful damage as in respect of "protected species" and "natural habitats", which in turn are defined by the Birds Directive and Habitats Directive.92/43/EC
/ref> Article 4 requires that "it is possible to establish a causal link between the damage and the activities of individual operators." Articles 6 to 8 require that a polluter takes remedial action for any damage and pays the costs.

Amendments

The ELD has been amended three times through Directive 2006/21/EC on the management of waste from extractive industries, through Directive 2009/31/EC on the geological storage of carbon dioxide, and through the Offshore Safety Directive 2013/30/EU, on safety of offshore oil and gas operations. The amendments broadened the scope of strict liability by adding the "management of extractive waste" and the "operation of storage sites pursuant to Directive 2009/31/EC" to the list of dangerous occupational activities in Annex III of the ELD.

References

External links

* * {{cite web, url=http://www.environment-agency.gov.uk/netregs/legislation/future/63682.aspx , title=Environmental Liability Directive , work=NetRegs , publisher=UK Environment Agency , archive-url=https://web.archive.org/web/20090309105333/http://www.environment-agency.gov.uk/netregs/legislation/future/63682.aspx , archive-date=9 March 2009 , url-status=dead 2004 in law 2004 in the European Union European Union directives Public liability Environmental law in the European Union

Backgrounds

Contents

Amendments

See also

References

External links