Shaping the EC Regime on Liability for Environmental Damage: Progress or Disillusionment?

Abstract

the draft White Paper of March 1999 proposing an EC civil liability regime in respect of environmental damage; the historical background; the reasons for establishing a regime; the possible legal basis; the options for a way forward-accession to the Lugano Convention, a regime on transboundary damage, a Recommendation or a Directive; the Commission's chosen strategy. The main elements of the proposed regime: scope; identifying the liable party; multiple parties; strict liability; possible defences; causation; criteria for requiring damage to be remedied; "significant" damage only to be covered; access to justice; financial security; comparison with the US Superfund scheme. The interest groups: the attitudes of the business world, the environmental bodies and the Member States. Conclusion that the draft White Paper represents progress in certain respects, but that the proposal is weaker than might have been hoped.