NEW APPROACH OF THE EUROPEANCOMMUNITY TOWARDS LIABILITY FORNATURAL RESOURCE DAMAGE

摘要

The European Commission is preparinga White Paper on Environmental Liability. This is animportant step in the legislative process of the EuropeanCommunity. The White Paper contains the core elementsand principles of a future EC environmental liabilitydirective. The regime will focus on damage caused bydangerous activities and the recovery of damage tonatural resources. The scope of the proposed regime hasa closed character. Only those dangerous activities aregoing to be covered that are already subject to EC law.As to the natural resources, the regime will cover onlynatural resources that are protected under the WildBirds and Habitats directives. The EuropeanCommission has proposed in its draft White Paper, ameasure of damages that is directed at a fuller recoveryof damage to natural resources including the loss ofpublic services caused by the damage to these resources.The Commission is also considering introducing rules onaccess to justice for public interest groups. In its draftWhite Paper, these groups are granted a right ofstanding in case the State does not act (or not properly)and are thereby granted a right to submit claims fordamage to natural resources.