ENVIRONMENTAL LIABILITY. On 27 February, the Council of the European Union and the European Parliament reached agreement on the Directive on environmental liability.
The Directive will enter into force when it is formally adopted by the Council and the Parliament, probably during April. In its second reading of the Directive on 15 December 2003, following the Council’s common position (see the Winter and Autumn 2003 Digests), the European Parliament had made four amendments, the most significant relating to financial security.
The Directive, which must be transposed into domestic law within three years after it enters into effect, that is, probably by April 2007, will impose liability for preventing and remedying environmental damage, that is, damage to land, water and protected species and natural 6 Barlow Lyde & Gilbert BLG habitats. The operators of specified occupational activities that cause damage will be strictly liable. The operators of occupational activities that are not
