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ARTICLE · 06 FEBRUARY 2002

Framework Directive on Environmental Liability - European Commission Finally Adopts Proposal

United KingdomReal Estate and Construction

Introduction

On January 23, 2002, following a decade or more of discussion and debate, the European Commission finally adopted a formal proposal for a Directive on Environmental Liability. The Commission is formally to present the proposal to Environment Ministers at the Environment Council on March 4, 2002.

The proposal will then be steered through the complex EU legislative mechanisms, involving now quite substantial interplay between the Commission, the Parliament and the Council. Final approval is by no means assured - whether to the measure in its current form or in some modified form.

What is certain is that over the next two to three years both the 'business' and the 'environmental protection' implications of the measure will be examined from many angles - and that there will be much lobbying for changes: lobbying directed to the Parliament, to national Environment (and Industry) Ministries - which input to the EU Council, and to the Commission itself.

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