"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" [2005] ELECD 271; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 48

Section Title: 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

Number of pages: 8

Extract:

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 subse-
quent 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, ...