Faure, Michael; De Smedt, Kristel --- "Harmonization of environmental liability legislation in the European Union" [2003] ELECD 67; in Marciano, Alain; Josselin, Jean-Michel (eds), "From Economic to Legal Competition" (Edward Elgar Publishing, 2003)

Book Title: From Economic to Legal Competition

Editor(s): Marciano, Alain; Josselin, Jean-Michel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843760061

Section: Chapter 3

Section Title: Harmonization of environmental liability legislation in the European Union

Author(s): Faure, Michael; De Smedt, Kristel

Number of pages: 42

Extract:

3. Harmonization of environmental
liability legislation in the European
Union
Michael Faure and Kristel De Smedt

INTRODUCTION
In the last decade, the European Union was confronted with cases of severe
damage to the environment caused by human activities. The accident in
Romania where cyanide caused severe pollution of the Tisza river and the inci-
dent, a few years ago, near the Doñana nature reserve in the South of Spain,
are only two examples of cases where human activities have resulted in
substantial damage to the environment.
A growing interest in a harmonized environmental liability regime could
therefore be observed at European level. Up to now, the environmental acquis
does not provide in European legislation, either by directive or by regulation,
for liability for damage caused to the environment. The member states of the
European Union have established national environmental liability regimes that
cover damage to persons and goods, and they have introduced laws to deal
with liability for, and clean-up of, contaminated sites. However, according to
the European Commission, these national regimes have not addressed the
issue of liability for damage to nature. Damage to the environment has tradi-
tionally been seen as a `public good' for which society as a whole should be
responsible and bear the costs, rather than the individual perpetrator who actu-
ally caused the damage.
In February 2000, the European Commission issued the `White Paper on
Environmental Liability'33. This White Paper outlines the Commission's view
on the key elements of a ...