Environmental Liability Directive

Enforcement – Articles 5 and 6 ELD:

Imminent threat of environmental damage; operator must
- carry out preventive measures ‘without delay’
- notify competent authority ‘without delay’ if measures fail to dispel threat of damage
Occurrence of environmental damage; operator must
- notify competent authority ‘without delay’
- ‘immediately’ carry out emergency remedial actions
- carry out remedial measures agreed by competent authority
If operator fails to carry out above actions, competent authority must require it to carry them out

Exclusion – Article 4 ELD:

Act of armed conflict, hostilities, civil war or insurrection (includes terrorism)
Natural phenomenon of exceptional, inevitable and irresistible character
Nuclear, marine oil and transportation of dangerous goods conventions
Diffuse pollution
Activities the main purpose of which is to serve national defence or international security
Activities the sole purpose of which is to protect from natural disasters

Defences – Article 8 ELD:

Mandatory ‘defences’
- Intentional act of a third party if safety measures are in place
- Compliance with a compulsory order
Optional ‘defences’
- Compliance with a permit if the operator is not negligent
- State-of-the-art if the operator is not negligent

Public Participation – Article 13 ELD:

Qualified environmental non-governmental organisations and others may
- Provide comments to relevant competent authority on environmental damage (and imminent threat of environmental damage at the option of a MS)
- Seek review of procedural and substantive legality of a competent authority’s decisions, acts or failure to act

Combatting waste crime