Environmental Liability Directive (ELD)
Environment Hub » Habitat » ELD »
The Environmental Liability Directive (ELD) was adopted in April 2004 and had to be implemented by Member States by 30 April 2007. The Directive seeks to achieve the prevention and remedying of environmental damage and is intended to give effect to the “polluter pays” principle by imposing liability for the prevention and remediation of environmental damage.
The Environmental Damage (Prevention and Remediation) Regulations 2009: Guidance for England and Wales (May 2009)
Certain types of environmental damage are excluded from the scope of the Directive, including damage arising from diffuse pollution that cannot be attributed to one or more specific operators. Damage that occurred prior to 30 April 2007 is excluded, and a time limit of 30 years after the emission or event applies.
The ELD is concerned with the prevention and remedying of environmental damage. For the purposes of the ELD, environmental damage is:
- Damage which has significant adverse effects on reaching or maintaining favourable conservation status of species and natural habitats protected under EC legislation
- Damage that significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential of waters falling within the scope of the water framework directive
- Land contamination that creates a significant risk of human health being adversely affected as a result of direct or indirect introduction in, on or under land of substances, preparations, organisms and micro-organisms
The underlying principle of the ELD is the “polluter pays” principle. In terms of the requirements of the ELD, this means that an operator whose activity has caused the environmental damage or the imminent threat of such damage is to be held financially liable.
Environmental Liability Directive