Environmental liability and nature protection areas Will the EU Environmental Liability Directive actually lead to the restoration of damaged natural resources?

Abstract

The EU Environmental Liability Directive (ELD) requires remedial measures when environmental damage to protected species and natural habitats occurs. Thus, the ELD offers a minimum level of protection to natural resources in its Article 2. In order to finance the restoration of environmental damage to natural resources it might be crucial to meet the threshold criteria which can be derived from Article 2 of the ELD. However, the definition of damage in Article 2 of the ELD imposes a high threshold that will not be exceeded in many instances of damage. Furthermore, the availability of measurable data to provide conclusive evidence of damage is an issue. The practical applicability of the ELD will largely depend on the quality and accuracy of the information gathered under the reporting requirements of the EU Habitats and Birds Directives. For the restoration of affected natural resources the application of Paragraphs 1.3.2 and 1.3.3 of Annex II appears to be crucial. The actual restoration of the affected natural resources may be reduced or slowed down enormously by attaching significant importance to the costs of the various remedial options.