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Directive 2004/35/CE of the European Parliament and of the CouncilShow full title

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

  1. Introductory Text

  2. Article 1.Subject matter

  3. Article 2.Definitions

  4. Article 3.Scope

  5. Article 4.Exceptions

  6. Article 5.Preventive action

  7. Article 6.Remedial action

  8. Article 7.Determination of remedial measures

  9. Article 8.Prevention and remediation costs

  10. Article 9.Cost allocation in cases of multiple party causation

  11. Article 10.Limitation period for recovery of costs

  12. Article 11.Competent authority

  13. Article 12.Request for action

  14. Article 13.Review procedures

  15. Article 14.Financial security

  16. Article 15.Cooperation between Member States

  17. Article 16.Relationship with national law

  18. Article 17.Temporal application

  19. Article 18. Information on implementation and evidence base

  20. Article 19.Implementation

  21. Article 20.Entry into force

  22. Article 21.Addressees

    1. ANNEX I

      CRITERIA REFERRED TO IN ARTICLE 2(1)(A)

      1. The significance of any damage that has adverse effects on...

      2. the number of individuals, their density or the area covered,...

      3. Damage with a proven effect on human health must be...

      4. The following does not have to be classified as significant...

      5. negative variations that are smaller than natural fluctuations regarded as...

    2. ANNEX II

      REMEDYING OF ENVIRONMENTAL DAMAGE

      1. This Annex sets out a common framework to be followed...

      2. 1. Remediation of damage to water or protected species or natural...

        1. 1.1. Remediation objectives

          1. 1.1.1. The purpose of primary remediation is to restore the damaged...

          2. 1.1.2. Where the damaged natural resources and/or services do not return...

          3. 1.1.3. Compensatory remediation shall be undertaken to compensate for the interim...

        2. 1.2. Identification of remedial measures

          1. 1.2.1. Options comprised of actions to directly restore the natural resources...

          2. 1.2.2. When determining the scale of complementary and compensatory remedial measures,...

          3. 1.2.3. If it is not possible to use the first choice...

        3. 1.3. Choice of the remedial options

          1. 1.3.1. The reasonable remedial options should be evaluated, using best available...

          2. 1.3.2. When evaluating the different identified remedial options, primary remedial measures...

          3. 1.3.3. Notwithstanding the rules set out in section 1.3.2. and in...

      3. 2. Remediation of land damage

    3. ANNEX III

      ACTIVITIES REFERRED TO IN ARTICLE 3(1)

      1. 1. The operation of installations subject to permit in pursuance of...

      2. 2. Waste management operations, including the collection, transport, recovery and disposal...

      3. 3. All discharges into the inland surface water, which require prior...

      4. 4. All discharges of substances into groundwater which require prior authorisation...

      5. 5. The discharge or injection of pollutants into surface water or...

      6. 6. Water abstraction and impoundment of water subject to prior authorisation...

      7. 7. Manufacture, use, storage, processing, filling, release into the environment and...

      8. 8. Transport by road, rail, inland waterways, sea or air of...

      9. 9. The operation of installations subject to authorisation in pursuance of...

      10. 10. Any contained use, including transport, involving genetically modified micro-organisms as...

      11. 11. Any deliberate release into the environment, transport and placing on...

      12. 12. Transboundary shipment of waste within, into or out of the...

      13. 13. The management of extractive waste pursuant to Directive 2006/21/EC of...

      14. 14. The operation of storage sites pursuant to Directive 2009/31/EC of...

    4. ANNEX IV

      INTERNATIONAL CONVENTIONS REFERRED TO IN ARTICLE 4(2)

      1. the International Convention of 27 November 1992 on Civil Liability...

    5. ANNEX V

      INTERNATIONAL INSTRUMENTS REFERRED TO IN ARTICLE 4(4)

      1. the Paris Convention of 29 July 1960 on Third Party...

    6. ANNEX VI

      INFORMATION AND DATA REFERRED TO IN ARTICLE 18(1)

      1. The information referred to in Article 18(1) shall cover cases of...

      2. Type of environmental damage, date of occurrence and/or discovery of...

      3. Member States shall include any other relevant information on the experience...

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