Experience gained in the application of ELD biodiversity damage : final report

The primary objective of this Report is to provide an overview of the situation regarding the implementation of the Environmental Liability Directive (ELD) concerning biodiversity damage. It will feed on the report to be submitted by the European Commission (Commission) to the European Parliament and the Council by 2014. The ELD objective is understood as establishing a framework for the prevention and remedying of environmental damage through a liability regime based on the 'polluter-pays principle' in order to ensure that biodiversity is restored or maintained at Favourable Conservation Status and, thus, halting biodiversity loss in the EU. The ELD liability regime requires operators whose activity has caused biodiversity damage or imminent threat of such damage, to be held liable. The overall objective of the ELD - halting biodiversity loss, is shared with the Habitats and Birds Directives. The Report describes implementation challenges of the ELD based on the analysis of 10 EU Member States' environmental liability regimes. They include the need for clarification and harmonisation of concepts such as significant biodiversity damage or preventive and remedial measures. Some of these concepts are analysed in light of their actual implementation and co-relation between the ELD and Habitats and Birds Directives. More detailed overviews for each Member State are provided in the Annex to the Report.