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It is widely recognised that our environment is instrumental to our well-being, with various related ecosystem services providing important aspects linked to our healthy, economy and society.

In 2004, the European Union introduced the new legislation establishing, for the first time in the EU, a comprehensive liability regime for damages to the environment, based on the ‘polluter-pays’ principle.

The polluter-pays principle is based on the fact that those that have caused environmental damage should be liable for remediation of damage, the so-called polluter-pays principle.

Additional Information and Links

EU Legislation and Resources:

• EU’s ELD Website
• EU’s ELD Legislation
• EU Commission ELD Guidelines
• Information Factsheet 
• Summary of the Environmental Liability Directive
• Brochure
• ELD Training Material
• Questions and Answers on the Environmental Liability Directive

National Legislation and Resources:

• National Regulations 
• Environmental Damage
• Criteria on Environmental Damage
• Remedying of Environmental Damage
• Environmental Liability Directive
• Prevention and Remedying of Environmental Damage Regulations

ELD Reporting:

• Malta’s Implementation Report – 2013
• Malta’s Implementation Report – 2021

Other International Collaborations:

• IMPEL Criteria for the Assessment of Environmental Damage (CAED) & Training 

“Environmental damage” is defined as damage to protected species and natural habitats, damage to water and damage to soil. The legal instruments define “damage” as a measurable adverse change in a natural resource or measurable impairment of a natural resource service which may occur directly or indirectly.

Environmental damage is linked with damage to protected species, natural habitats and water status as well as land damage and contamination. Each of these based on parameters established under the Environment Liability Directives and the related thematic EU Directives and national legislation, as well as criteria to determine significance of damage  included in Schedule I of the national regulations.

Schedule II of the national regulations set out a common framework to be followed in order to choose the most appropriate measures to ensure the remedying of environmental damage.

The regulations also indicate those operational activities which might lead to environmental damage. Operators carrying out dangerous activities listed in Schedule III of the national regulations and Annex III of the Directive fall under strict liability. It is also relevant that operators carrying out other occupational activities than those listed in Schedule III may be liable for fault-based environmental damage.

These regulations apply without prejudice to other more stringent national or EU legislation regulating the operations of any of the activities, including actions affecting Natura 2000 sites and protected species under the EU’s Habitats and Birds Directives.

In view of the various challenges at EU level in one of the most crucial definitions, it also noted that the European Commission is developing further guidelines to assist on the common understanding of the term ‘environmental damage’ as defined in the ELD. Once such work is agreed at EU level, such guidelines are expected to help to improve the evidence base through a better common understanding of this key term, aligning better the practical application of the Directive within the EU.

Additional Information and Links

EU Legislation and Resources:

• EU’s ELD Website
• EU’s ELD Legislation
• EU Commission ELD Guidelines
• Information Factsheet 
• Summary of the Environmental Liability Directive
• Brochure
• ELD Training Material
• Questions and Answers on the Environmental Liability Directive

National Legislation and Resources:

• National Regulations 
• Criteria on Environmental Damage
• Remedying of Environmental Damage
• Environmental Liability Directive
• Prevention and Remedying of Environmental Damage Regulations
• Addressing the Prevention and Remedying of Environmental Damage

ELD Reporting:

• Malta’s Implementation Report – 2013
• Malta’s Implementation Report – 2021

Other International Collaborations:

• IMPEL Criteria for the Assessment of Environmental Damage (CAED) & Training 

ADDRESSING THE PREVENTION AND REMEDYING OF ENVIRONMENTAL DAMAGE

The Prevention and Remedying of Environmental Damage Regulations (SL 549.97) establishes a legal framework under the Environment Protection Act (Cap. 549) aimed at addressing environmental liability based on the polluter-pays principle.

Such legislation aims to prevent and remedy environmental damage and to implement the provisions of EU Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage, more popularly known as ELD or the Environment Liability Directive.

The Prevention and Remedying of Environmental Damage Regulations and the Environmental Liability Directive (ELD) provide addressing prevention, by identifying those activities which may pose an imminent threat to the environment, as well as remediation.

The Regulations and the ELD also provide a framework for such assessment of damage and remediation and aim to create awareness and an incentive for further investments in prevention measures and better environmental practice.

These legal instruments are construed in parallel with other legislation, including the EU’s Habitats Directive, the Wild Birds Directive, the Water Framework Directive, the Marine Strategy Framework Directive and the respective national regulations, namely the Flora, Fauna and Natural Habitats Protection Regulations (SL 549.44), the Conservation of Wild Birds Regulations (SL 549.42), the Water Framework Policy Regulations (SL 549.100) and the Marine Policy Framework Regulations (SL 549.62). Other legal instruments are relevant vis-à-vis the management of waste from extractive industry, carbon storage and the safety of offshore oil and gas operations.

For further information on these national legal instruments and issues relevant to thematic aspects addressed by ERA and linked with the above, refer to the following links:

• Legislation and Policy
• Thematic Environmental Areas

Additional Information and Links

EU Legislation and Resources:

• EU’s ELD Website
• EU’s ELD Legislation
• EU Commission ELD Guidelines
• Information Factsheet 
• Summary of the Environmental Liability Directive
• Brochure
• ELD Training Material
• Questions and Answers on the Environmental Liability Directive

National Legislation and Resources:

• Addressing the Prevention and Remedying of Environmental Damage
• National Regulations 
• Environmental Damage
• Criteria on Environmental Damage
• Remedying of Environmental Damage
• Environmental Liability Directive
• Prevention and Remedying of Environmental Damage Regulations

ELD Reporting:

• Malta’s Implementation Report – 2013
• Malta’s Implementation Report – 2021

Other International Collaborations:

• IMPEL Criteria for the Assessment of Environmental Damage (CAED) & Training 

The Environmental Liability Directive entered into force on 30 April 2004.

This Directive was originally construed in parallel with other Directive, particularly the EU’s Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Directive 2009/147/EC on the conservation of wild birds; Directive 2000/60/EC establishing a framework for Community action in the field of water policy; and Directive 2008/56/EC establishing a framework for community action in the field of marine environmental policy, focusing the attention on natural habitats, protected species, water status and land contamination aspects.

The ELD was later amended four times through Directive 2006/21/EC on the management of waste from extractive industries; through Directive 2009/31/EC on the geological storage of carbon dioxide and amending several directives; through Directive 2013/30/EU on safety of offshore oil and gas operations and amending Directive 2004/35/EC; and through Regulation (EU) 2019/1010 on the alignment of reporting obligations in the field of legislation related to the environment. The amendments broadened the scope of strict liability by adding the “management of extractive waste” and the “operation of storage sites pursuant to Directive 2009/31/EC” to the list of dangerous occupational activities in Annex III of the ELD. The Offshore Safety Directive, containing an amendment to the ELD (extension of the scope of damage to marine waters), was adopted in June 2013. The Reporting Alignment Regulation adapted the reporting requirements to the need to create a better evidence base.

A consolidated version of the ELD, as at June 2019, is available here.

Additional Information and Links

EU Legislation and Resources:

• EU’s ELD Website
• EU’s ELD Legislation
• EU Commission ELD Guidelines
• Information Factsheet 
• Summary of the Environmental Liability Directive
• Brochure
• ELD Training Material
• Questions and Answers on the Environmental Liability Directive

National Legislation and Resources:

• Addressing the Prevention and Remedying of Environmental Damage
• National Regulations 
• Environmental Damage
• Criteria on Environmental Damage
• Remedying of Environmental Damage
• Environmental Liability Directive
• Prevention and Remedying of Environmental Damage Regulations

ELD Reporting:

• Malta’s Implementation Report – 2013
• Malta’s Implementation Report – 2021

Other International Collaborations:

• IMPEL Criteria for the Assessment of Environmental Damage (CAED) & Training