Biodiversity Damage
Biodiversity damage under the ELD is linked to the Birds and Habitats Directives and is defined as:
‘any damage that has significant adverse effects on reaching or maintaining the favourable conservation status of [protected] habitats or species. The Biodiversity Damage threshold is determined by reference to the conservation status of the habitat or species within ‘the European territory of the Member States to which the Treaty applies or the territory of a Member State or the natural range of that habitat [or species]’
Concerning the remediation of water and biodiversity damage, ELD provides for:
- Primary remediation and restoration to baseline condition (its condition if the damage had not occurred)
- Complementary remediation (if a damaged site cannot be fully restored, the restoration of an alternative site in addition to partial remediation of the damaged site)
- Compensatory remediation (interim losses between the time of the occurrence of environmental damage and its full remediation); providing, enhancing or improving the same or new natural resources at the damaged and/or alternative sites