Implementation of the environmental liability directive : sixth report of session 2006-07 : report, together with formal minutes, oral and written evidence
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書誌事項
Implementation of the environmental liability directive : sixth report of session 2006-07 : report, together with formal minutes, oral and written evidence
（HC, 694）
The Stationery Office, 2007
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内容説明・目次
内容説明
The main aim of the Environmental Liability Directive (ELD) (Directive 2004/35/CE of the European Parliament and of the Council) is to establish a mechanism to prevent and remedy significant environmental damage (including damage to protected species and habitats, water and land resources), based upon the principle of 'the polluter pays'. The Directive was adopted in April 2004 and EU member states are obliged to transpose it into domestic law by April 2007, with considerable discretion on its implementation. The UK Government has failed to meet this deadline, having launched a consultation on its proposals for implementation only at a late stage in November 2006.The Government's proposals are based on the policy approach of not going beyond the minimum requirements of a Directive unless there are exceptional circumstances justified by a cost-benefit analysis and after extensive stakeholder engagement, with the political motive of avoiding accusations of 'gold plating' of EU legislation.
The Committee's report criticises the Government for using this 'minimum implementation' approach, particularly in its unwillingness to extend the ELD to nationally-protected biodiversity, which goes against the recommendations of the Environment Agency, Natural England and other environmental organisations. The Committee calls on the Government to provide a proper justification of its policy choices that does not rely simply on the blanket approach of avoiding 'gold plating', in order to show decisions are proportionate and evidence-based.
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