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DRAFT EUROPEAN ENVIRONMENTAL LIABILITY LAW SLAMMED

03 Oct 2002

A draft European directive on environmental liability is so weak it is practically useless, Friends of the Earth said today. The European Parliament is holding a 'public hearing' in Brussels on the proposals today (Thursday), which were drawn up by the European Commission.

Comprehensive laws on environmental liability are essential to make those responsible for environmental damage or destruction liable for their actions. Unfortunately the proposals drawn up by the European Commission are far from adequate.

• They do not cover economic damage - such as the contamination of organic crops through cross-pollination with GM crops - is also completely overlooked
• They only apply to biodiversity in certain 'protected' areas, and only to certain protected species. Species protected under national and international biodiversity legislation are not fully covered. In all only around 20 per cent of the EU's biodiversity, and only around 13per cent of its land area is covered by the draft directive.
• They only cover damage to land if it causes “serious potential harm to public health as a result of soil and subsoil contamination.” Damage to soil eco-systems is completely overlooked.

The draft directive is also riddled with loopholes and caveats which weaken it further. These include:

• State-of-knowledge defence. Polluters can avoid liability by arguing that the activities or emissions were not considered harmful when the incident happened.
• Permit defence. This excludes liability for all activities and emissions for which the operator holds a permit or authorisation.
  

Friends of the Earth’s GM campaigner Adrian Bebb said:

“These proposals on environmental liability are completely inadequate. If business pollutes the environment surely it should pay for the damage it has caused? If this legislation is passed the environment will pay the price and the tax-payers will foot the bill.

"Why doesn't this directive cover damage caused by GM crops? The ultimate responsibility for any harm caused by GMOs should lie with the Directors of the biotech companies. That’s fair on farmers, consumers, the environment and tax-payers.”

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