EEF urged the government, along with other industry representatives, to deliver the minimum transposition requirements of the Directive.
Under pressure from the Environment Food and Rural Affairs (EFRA) Committee and green NGOs, the government is reassessing its initial decision to limit the scope of the Directive to EU-protected biodiversity.
It is also revisiting its decision to adopt the permit “defence” in respect of those elements of the Directive’s requirements that are additional to those addressed by existing environmental protection legislation; and also to limit the application of strict liability in line with the provisions of the Directive.
EEF will be meeting with Joan Ruddock MP again shortly, and will use the opportunity to underline our position, which we first made clear in our response to the consultation earlier in the year.
The Environmental Liability Directive does not discriminate against companies because of size. It is applicable to all operators whose activities have caused environmental damage and holds them financially liable for remedying this damage. By implementing the “polluter pays principle” it is expected that the directive will result in a higher degree of environmental protection throughout Europe.
In addition, the Directive also places a responsibility on operators whose activities have caused an imminent threat of environmental damage liable to taking preventive actions. Member States were required to transpose the directive into their national law by 30 April, but only Italy, Latvia and Lithuania were able to do so.
The UK is unlikely to implement the directive until spring 2008. EEF is fully engaged with government on this issue.