Introduction
The Directive 2004/35/EC on “environmental liability with regard to the prevention and remedying of the environmental damage” entered into force on 30 April 2004, with a transposition deadline set for April 2007. The Environmental Liability Directive (hereinafter referred to as “ELD”) aspired to establish an effective model of environmental liability based on the Polluter Pays Principle (hereinafter referred to as “PPP”) that would offer solutions to environmental problems, which are distinguished by the lack of spatial and temporal limits as well as by their dynamic, diffuse and no linear development. The ELD makes Member States responsible for ensuring that significant and measurable damage to water, land, and biodiversity (protected species and habitats) is either prevented by appropriate measures in case of imminent threats, or effectively remedied by restoring the previous condition, if the damage has already been done.
Valerie Fogleman
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