Edited by Stephen Tully
Chapter 48: European Community: Directive 2004/35/EC/ of the European Parliament and of the Cpouncil of 21 April 2004 on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage
48. European Community: Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage Commentary: For a considerable period the EC has sought to implement the polluter pays principle within a Community regime: see the Commission’s Green Paper COM(93)47FINAL (1993) and White Paper on Environmental Liability COM(2000)66FINAL. Thereafter followed a Joint Hearing with the European Parliament in 1993, two Opinions of the Economic and Social Committee (1994 & 2002 OJEC 241, 162), an Opinion of the Committee of the Regions and a public consultation process: see, for example, CEFIC, ‘CEFIC Comments and Suggestions on the Commission’s White Paper on Environmental Liability’, Brussels, 2000. The legislative proposal was finalised during 2002: see (2002) OJEC 151E, 132. The subsequent process included an Opinion of the European Parliament in 2003, a Common Position of the Council of Ministers (OJEC 277E, 10 (2003)), an EC Communication to the European Parliament during 2003 and a Commission Opinion on the European Parliament’s amendments to the Council’s Common Position: see COM(2004)55FINAL. The conciliation process concluded in 2004 with the adoption of a joint text by the Conciliation Committee which was subsequently approved by the Council and the European Parliament. Member States have three years in which to implement the Environmental Liability Directive (OJEC L143 (2004), entry into force 2004) into national law. In addition to the provisions extracted below, Article 12 enables natural or legal persons...
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