New Approach of the European Community Towards Liability for Natural Resource Damage

Abstract

ABSTRACT The European Commission is preparing a White Paper on Environmental Liability. This is an important step in the legislative process of the European Community. The White Paper contains the core elements and principles of a future EC environmental liability directive. The regime will focus on damage caused by dangerous activities and the recovery of damage to natural resources. The scope of the proposed regime has a closed character. Only those dangerous activities are going to be covered that are already subject to EC law. As to the natural resources, the regime will cover only natural resources that are protected under the Wild Birds and Habitats directives. The European Commission has proposed in its draft White Paper, a measure of damages that is directed at a fuller recovery of damage to natural resources including the loss of public services caused by the damage to these resources. The Commission is also considering introducing rules on access to justice for public interest groups. In its draft White Paper, these groups are granted a right of standing in case the state does not act (or not properly) and are thereby granted a right to submit claims for damage to natural resources.