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Environmental Liability Directive In force

Overview

Jurisdiction
European Union
Topic
Environment
Instrument type
Directive
Reference number
2004/35/EC
Valid from
2004-04-30
Valid to
2026-08-06
Modified date
2004-04-21
Listed at
2026-08-06
Withdrawn at
-
Description
Establishes an EU framework for environmental liability based on the polluter-pays principle and for the prevention and remediation of environmental damage caused by operators of occupational activities.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32004L0035 Schokolade

Logs

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[INFO] [Crawlers::EurlexRegulationCrawler] downloaded regulation_source 18 from https://publications.europa.eu/resource/celex/32004L0035

[WARN] [Crawlers::EurlexRegulationCrawler] norms fetch failed for https://publications.europa.eu/resource/celex/32004L0035 with status 404

[INFO] [AiMarkdownNormsExtractor] asking LLM to extract norms 1/1

[INFO] [AiMarkdownNormsExtractor] parsed 38 norms for https://publications.europa.eu/resource/celex/32004L0035

Rule sets

Label Effective
Annex III activities with strict liability 2007-04-30 — 9999-12-31
Applies from milestone:
Transposition Deadline (2007-04-30)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “occupational activity listed in Annex III”
Other occupational activities with fault-based liability 2007-04-30 — 9999-12-31
Applies from milestone:
Transposition Deadline (2007-04-30)
Expires at milestone:
-
Conditions:
  • Activities not in No Linked Attribute Value “occupational activity listed in Annex III”

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 imminent threats 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 posing a risk to human health or the environment, including the activities listed in Annex III.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Artikel 5 Absatz 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.
Reporting 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:
Artikel 5 Absatz 2
Source excerpt:
operators are to inform the competent authority of all relevant aspects of the situation, as soon as possible.
Reporting environmental damage Reporting -
Description:
After 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:
Artikel 6 Absatz 1
Source excerpt:
Where environmental damage has occurred the operator shall, without delay, inform the competent authority of all relevant aspects of the situation
Control and containment of damage Due Diligence -
Description:
The company must take all practicable steps to immediately control, contain, remove or otherwise manage contaminants and other damage factors to limit or prevent further environmental damage and adverse effects on human health.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant contaminants and other damage factors associated with environmental damage.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Artikel 6 Absatz 1 Buchstabe 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 Annex II.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Damaged natural resources and impaired services.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Artikel 6 Absatz 1 Buchstabe b
Source excerpt:
the necessary remedial measures, in accordance with Article 7.
Submission of remedial options 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:
Artikel 7 Absatz 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 preventive and remedial costs Other -
Description:
The company must bear the costs for the preventive and remedial actions taken pursuant to the Directive.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Preventive and remedial actions under the Directive.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Artikel 8 Absatz 1
Source excerpt:
The operator shall bear the costs for the preventive and remedial actions taken pursuant to this Directive.
Providing requested information Reporting -
Description:
The company must provide the competent authority with requested information, assessments and data concerning an imminent threat of, or actual, environmental damage.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Information and data concerning an imminent threat of, or actual, environmental damage requested by the competent authority.
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Artikel 11 Absatz 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

Description Kind Rule set
The competent authority may recover the costs of preventive or remedial actions it has taken from the company that caused the damage or imminent threat, including through security over property or other appropriate guarantees. Cost-recovery proceedings may be initiated within five years from completion of the measures or identification of the liable company, whichever is later. Other -
Responsible authority:
Die von den Mitgliedstaaten bezeichnete zuständige Behörde / competent authority designated by the Member State
Source reference:
Artikel 8 Absatz 2; Artikel 10
Source excerpt:
the competent authority shall recover, inter alia, via security over property or other appropriate guarantees from the operator who has caused the damage or the imminent threat of damage, the costs it has incurred in relation to the preventive or remedial actions taken under this Directive.

Milestones

Date Type Description
2004-04-04 Entry into Force Entry into force on the day of its publication in the Official Journal of the European Union.
Source reference:
Artikel 20
Source excerpt:
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
2004-04-21 Adopted Adoption of the Directive by the European Parliament and the Council.
Source reference:
Titel der Richtlinie
Source excerpt:
Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004
2007-04-30 Transposition Deadline Deadline for Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive.
Source reference:
Artikel 19 Absatz 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:
Artikel 14 Absatz 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 to report to the Commission on experience gained in applying the Directive.
Source reference:
Artikel 18 Absatz 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 the European Parliament and the Council.
Source reference:
Artikel 18 Absatz 2
Source excerpt:
the Commission shall submit a report to the European Parliament and to the Council before 30 April 2014

Linked regulations

No linked regulations.