The aim of the proposal is to implement a Community regime for the prevention and remedying of environmental damage and to attempt to apply the 'polluter pays principle'. It aims to prevent and remedy environmental damage defined as damage to protected species and natural habitat. The main elements of the directive were the compulsory insurances or other financial security schemes and remedies.

Orgalime urged the European Institutions to develop a liability regime which is fair, manageable and insurable. In line with most other trade federations, we have been concerned about a number of issues contained in the

proposed EU directive on environmental liability, such as “mandatory insurance”, “exoneration of liability” (including the "Permit defence" and the “Development risk defence”) and “financial ceiling of liability”.

The Directive was published in the Official Journal of 30 April 2004. Member States have three years to implement the directive starting from the date of its publication in the Official Journal.

Link to official journal of 30 April 2004

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