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Environmental Liability Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Directive
Reference number
2004/35/EC
Valid from
2004-04-30
Valid to
2026-08-06
Modified date
2019-12-26
Listed at
Unlisted draft
Withdrawn at
-
Description
Establishes an EU-wide environmental liability framework based on the polluter-pays principle. Operators conducting specified occupational activities must prevent and remedy environmental damage and generally bear the associated costs.

Ask Question

No regulation sources to answer questions from yet.

Sources

No regulation sources yet.

Rule sets

Label Effective
Annex III activities causing environmental damage 2007-04-30 — 9999-12-31
Applies from milestone:
Transposition Deadline (2007-04-30)
Expires at milestone:
-

No conditions.
Other activities causing fault-based damage to protected species or habitats 2007-04-30 — 9999-12-31
Applies from milestone:
Transposition Deadline (2007-04-30)
Expires at milestone:
-

No conditions.

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Preventive measures for an imminent threat Due Diligence -
Description:
Where there is an imminent threat of environmental damage, the company must take the necessary preventive measures without delay.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities listed in Annex III that pose a risk to human health or the environment, and other occupational activities insofar as they may cause damage to protected species and natural habitats.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 5(1)
Source excerpt:
Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures.
Notification of a continuing imminent threat Reporting -
Description:
If the imminent threat is not dispelled despite the preventive measures taken, the company must inform the competent authority of all relevant aspects of the situation as soon as possible.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities within the scope of the Directive.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 5(2)
Source excerpt:
Member States shall provide that, where appropriate, and in any case whenever an imminent threat of environmental damage is not dispelled despite the preventive measures taken by the operator, operators are to inform the competent authority of all relevant aspects of the situation, as soon as possible.
Notification of environmental damage Reporting -
Description:
When environmental damage has occurred, the company must inform the competent authority of all relevant aspects of the situation without delay.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities that have caused environmental damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 6(1)
Source excerpt:
Where environmental damage has occurred the operator shall, without delay, inform the competent authority of all relevant aspects of the situation
Immediate control of contaminants and damage factors Due Diligence -
Description:
When environmental damage has occurred, the company must take all practicable steps immediately to control, contain, remove or otherwise manage relevant contaminants and other damage factors and limit or prevent further environmental damage, adverse effects on human health or further impairment of services.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities that have caused environmental damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 6(1)(a)
Source excerpt:
all practicable steps to immediately control, contain, remove or otherwise manage the relevant contaminants and/or any other damage factors in order to limit or to prevent further environmental damage and adverse effects on human health or further impairment of services
Taking remedial measures Due Diligence -
Description:
The company must take the necessary remedial measures in accordance with Article 7.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities that have caused environmental damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 6(1)(b)
Source excerpt:
the necessary remedial measures, in accordance with Article 7.
Submission of remedial measures for approval Approval -
Description:
The company must identify potential remedial measures in accordance with Annex II and submit them to the competent authority for approval, unless the authority has taken action itself.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Remedial measures for environmental damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 7(1)
Source excerpt:
Operators shall identify, in accordance with Annex II, potential remedial measures and submit them to the competent authority for its approval, unless the competent authority has taken action under Article 6(2)(e) and (3).
Bearing prevention and remediation costs Other -
Description:
The company must bear the costs of preventive and remedial actions taken under the Directive.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Preventive and remedial actions under the Directive.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 8(1)
Source excerpt:
The operator shall bear the costs for the preventive and remedial actions taken pursuant to this Directive.
Assessment and provision of information Reporting -
Description:
When required by the competent authority, the company must carry out its own assessment and supply the necessary information and data.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Occupational activities that have caused environmental damage or an imminent threat of such damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 11(2)
Source excerpt:
the competent authority shall be entitled to require the relevant operator to carry out his own assessment and to supply any information and data necessary.

Measures

No measures.

Penalties

No penalties.

Milestones

Date Type Description
2004-04-21 Adopted Adoption of the Directive
Source reference:
Title
Source excerpt:
Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004
2004-04-30 Entry into Force Entry into force of the Directive
Source reference:
Article 20
Source excerpt:
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
2007-04-30 Transposition Deadline Deadline for transposition into national law and relevant start date for temporal application
Source reference:
Article 19(1)
Source excerpt:
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2007.
2010-04-30 Other Deadline for the Commission's report on the effectiveness of the Directive and financial security
Source reference:
Article 14(2)
Source excerpt:
The Commission, before 30 April 2010 shall present a report on the effectiveness of the Directive in terms of actual remediation of environmental damages, on the availability at reasonable costs and on conditions of insurance and other types of financial security for the activities covered by Annex III.
2013-04-30 Other Deadline for Member States' reports on experience gained in applying the Directive
Source reference:
Article 18(1)
Source excerpt:
Member States shall report to the Commission on the experience gained in the application of this Directive by 30 April 2013 at the latest.
2014-04-30 Other Deadline for the Commission's report to Parliament and the Council
Source reference:
Article 18(2)
Source excerpt:
On that basis, the Commission shall submit a report to the European Parliament and to the Council before 30 April 2014, which shall include any appropriate proposals for amendment.

Linked regulations

No linked regulations.