Environmental liability directive – What it means for your business
The European Directive on Environmental Liability (2004/35/EC) seeks to achieve the prevention and remedying of environmental
damage. In particular, damage to habitats and species protected by EC law or on a site of special scientific interest. In
addition it covers damage to water resources, and land contamination which presents a threat to human health. The authorities
in the UK who monitor environmental damage include the Environment Agency, Marine and Fisheries Agency, Countryside Council
and Local Authorities.
The regulations are based on the “polluter pays” principle – so those responsible prevent and remedy environmental damage
instead of the taxpayer. Your current liability policy may not cover for environmental damage.
Your responsibilities under the directive means you must:
Take steps to prevent damage or further damage and notify the relevant authority
Provide information and undertake preventive and remedial measures as required by the authority
Submit proposals for remediation
Pay any costs claimed by the authority in relation to environmental damage
For more information on environmental legislation the following links may be of use: