Combatting waste crime

SCHMUCKBILD + LOGO

INHALT

BREADCRUMB

Key provisions

 

ELD imposes liability on an operator for preventing and remediating an imminent threat of, or actual, environmental damage:

  • Strict liability for activities under EU legislation listed in annex III, which applies to
    • Land damage
    • Water damage
    • Biodiversity damage (species and habitats protected under the Birds and Habitats Directives and equivalent national biodiversity at the option of an MS)
  • Fault-based liability for non-annex III activities, which applies only to biodiversity damage.
  • Annex III lists activities under 14 categories of EU legislation:
    • activities permitted under the Industrial Emissions Directive (2010/75/EU)
    • waste management operations
    • discharges of specified dangerous substances into inland surface water that require prior authorisation
    • discharges of specified dangerous substances into groundwater that require prior authorisation
    • discharges of pollutants into surface water and groundwater that require prior authorisation
    • water abstraction and impoundment
    • manufacture, use, storage, processing, filling, release into the environment and onsite transport of dangerous substances, dangerous preparations, pesticides and other plant protection products and biocidal products
    • transport of dangerous or polluting goods by road, rail, inland waterways, sea or air
    • operation of installations authorised under air pollution legislation
    • contained use, including transport, of genetically modified organisms (GMOs)
    • deliberate release into the environment, marketing and placing on the market of GMOs
    • transboundary shipments of waste
    • extractive waste management
    • operation of storage sites for carbon dioxide