The main purpose of these Regulations is to implement the EU Directive 2004/35/CE on environmental liability with regard to
the prevention and remedying of environmental damage. The main aim of the
Regulations is to establish a new kind of civil mechanism to be deployed in the cases
foreseen by the Directive, based upon the ‘polluter pays’ principle.
The Environmental Liability Directive addresses concern at the damage to the environment from a number of large scale incidents in Europe in the previous last two decades. On occasions the damage would affect more than one Member State. The loss of protected species and natural habitats or ‘biodiversity’ was a particular concern. The Directive concentrates on incidents considered of significant damage in terms of European significance.
The Environmental Liability Directive also relates to significant damage to biodiversity of European importance in terms of the Birds Directive and the Habitats Directive, to water bodies in terms of the Water Framework Directive and to land where public health is at significant risk of being adversely affected. There can also be significant damage caused by an operator where there will be an overlap, e.g. damage from land to water. Coastal damage can also affect land, water and biodiversity.
