Overview of the implementation of the directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage at European level

Pouikli, Kleoniki

doi:10.1080/19443994.2015.1101620

Cited by 2 publications

(2 citation statements)

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“…In conjunction with the adoption of the Environmental Liability Directive (Directive 2004/35/EC), the issue of environmental liability became a much-discussed topic worldwide, and various publications from several perspectives assessing environmental liability appeared [13][14][15][16][17][18][19][20][21]. According to Lee, "Environmental liability as a part of administrative law is increasingly significant and controversial, and the proliferation of schemes creates difficult legal problems" [13].…”

Section: Introductionmentioning

confidence: 99%

“…Pouikli stated, "However, the efficient implementation of this sui generis legal framework regarding prevention and remediation of the environmental damage has been proved really problematic at the European level due to legal discrepancies and technical deficiencies. Eleven years after the adoption of the Environmental liability Directive (ELD) particular interpretation issues concerning the determination of the responsible operator, the application of the optional provision of the ELD, the extent of the exceptions, the financial security, and the role of the competent authorities remain unanswered" [14].…”

Section: Introductionmentioning

confidence: 99%

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An Environmental Risk Assessment of Filling Stations Using the Principles of Security Management. A Case Study in the Slovak Republic

2021

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The issue of environmental risk assessment currently deserves great attention. In order to protect the environment, maintain healthy living conditions, and prevent environmental damage, the member states of the European Union have adopted a Directive of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage. The directive classifies two types of operators with different liability regimes for environmental damage, namely, the regime with no-fault (strict) liability and liability for fault. With the adoption of the directive, among experts, operators and the general public have posed questions about how to assess the risk of environmental damage. At present, there is still no uniform procedure for assessing environmental risks, which would create a comprehensive methodological framework for assessment for this type of risk. Due to the non-existent risk assessment methodology for operators with strict liability regimes and the lack of a systematic search for risk sources, a risk assessment procedure is proposed that provides guidance in a sequence of several steps on how to implement the obligations arising from the adopted Environmental Liability Directive. The proposed procedure was verified on a specific operator with a strict liability regime. The environmental risk analysis performed through the proposed procedure provided information on possible operational problems and verified its applicability. Last but not least, the use of the proposed procedure makes it possible to identify serious sources of risk and to establish necessary preventive measures to prevent the occurrence of environmental damage.

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