European Commission, DG Environment Some considerations on the implementation of the Environmental Liability Directive (‘ELD’) Charles Pirotte European Commission, DG Environment The views expressed are personal only and may not in any circumstance be seen as an official position of the European Commission Charles Pirotte, European Commission (The views presented here are personal only and may not be assigned to the European Commission)

ELD’s implementation Implementation (Art. 19): ELD to be implemented by 30.4.2007. Implementation should be complete: according to the requirements and practices of national legal orders, this means that national implementing measures (NIM) are to be adopted at:

ELD’s implementation Parliamentary and/or government levels; National/federal and sub-national/regional levels. Framework Directive leaving wide margin of discretion to Member States on certain important issues (permit and development risk defences, financial security, joint and several or proportional liability)

ELD’s implementation To date, the following Member States have notified NIMs: Belgium (partial implementation – federal level). Germany. Hungary. Italy. Latvia. Lithuania.

ELD’s implementation Some information about some other Member States: Public consultation on implementation options closed in the UK. Draft law tabled in Parliament in France – to be completed by government decree. Draft law tabled in Parliament in Spain. Draft law tabled in Parliament in the Netherlands. Draft Decree ready in Flanders.

ELD’s implementation Next steps: Commission likely to start infringement procedures for non-communication of national implementing measures. => stages of the procedure: letter of formal notice; reasoned opinion; Court’s application. On the substance: Commission to check the conformity of NIMs with the Directive.