Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Glossary of summaries

    Environmental liability

    Environmental liability applies to environmental damage and the risk of damage resulting from commercial activities once it is possible to establish a causal link between the damage and the activity in question. Environmental damage may be direct or indirect damage caused to the aquatic environment, flora and fauna and natural habitats protected by the Natura 2000 network, as well as direct or indirect contamination of the soil, which could lead to a serious risk to human health.

    Environmental liability is an application of the ‘polluter pays’  principle as set out in Article 191(2) of the Treaty on the Functioning of the European Union. Arrangements for applying it are set out in Directive 2004/35/EC.

    Two systems of liability have been created:

    • A system with no fault to be proven: this applies to dangerous or potentially dangerous commercial activities listed in EU law. Here, the operator may be held liable even if he has committed no fault.
    • A system where evidence of a fault or negligence must be presented: this applies to all other commercial activities where species and natural habitats protected under EU law have been damaged or are at imminent risk of damage. The operator is only liable if he has committed a fault or has been negligent.

    SEE ALSO

    Top