Brussels, 23/07/2002 (Agence Europe) - The Commission will have to demonstrate whether international standards covering environmental damage in the EU are ineffective and if it intends to complete a Community initiative that could figure in a proposal for a directive on, "environmental liability with regard to the prevention and remedying of environmental damage." This effectively constitutes the request made by the European Economic and Social Committee in the recommendation it adopted during its plenary session, the rapporteur for which is Spanish trade unionist, Maria Candelas Sanchez Miguel.
While warmly welcoming the environmental liability system's objectiveness, which attempts to foresee environmental damage and restore nature to its original state in keeping with the polluter pays principle, the Committee has developed a number of observations in order to improve the content of the proposal. With regard to the field of application, the Committee points out that that legislation put forward will only apply to damages resulting from the non-respect of environmental standards in force (the Committee points out that in this context there is a list with 18 directives, linked to damages affecting water or soil, as well as directives on the restricted or wide-scale use of GMOs). The Committee is also keen to point out that legislation on environmental liability is not applied on the basis of existing international treaties. The Committee recalled that the ineffectiveness of these treaties had been demonstrated in the numerous and serious environmental accidents that have recently occurred on EU territory, as well as the number of these sectoral treaties that have not entered into force or which have not been ratified by a majority of Member States. It also points out that only one instrument has been signed but which is not yet in force - the 1999 Basel Protocol on liability and compensation for damages caused by the cross-border movement of dangerous waste and their elimination. For this reason, the Committee considers that the Commission ought to propose a Community initiative in order to complete international standards. The ESC also considers that financial security could be supported by the Commission defining, "more precisely the risks involved so that insurance companies can write the necessary policies" because the insolvability of an operator could be an obstacle to repairing environmental damage. The ESC also believes that it would be beneficial if national and regional funds were created and financed by recovery procedures obtained from economic sanctions for non-respect of the directives figuring on the list mentioned above. In this way, concludes the Committee, sanctions will fulfil their role, namely to repair environmental damages.