# Environmental Liability Directive (ELD)

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

- Status: In force
- Legal order: European Union
- Legal area: Industrial emissions and permits
- OJ L 143, 30.04.2004, p. 56
- Business profile: Mining, Smelting, Semi-fabrication, Recycling, Waste shipments

## In brief

Strict liability for damage to water, land, species and habitats for activities listed in Annex III (inter alia IED installations, waste management operations, shipments of waste).

## Key obligations

- taking preventive action without delay where there is an imminent threat of damage (Art. 5(1))
- informing the authority where the threat has not been dispelled (Art. 5(2))
- where damage has occurred – informing without delay, controlling contaminants and taking remedial measures (Art. 6(1))
- identifying potential remedial measures and submitting them to the authority for approval (Art. 7(1))
- bearing the costs of preventive and remedial actions (Art. 8(1))

## Competent authority

PL: Regional Director for Environmental Protection (RDOŚ) (Art. 7 of the Act on the prevention and remedying of environmental damage)

## Penalties

The Directive does not lay down penalties; recovery of costs by the authority (Art. 8(2)). It does not give private parties a right of compensation (Art. 3(3)).

## Entry into force

30.04.2004

## Application

transposition by 30.04.2007 (Art. 19); consolidated version 26.06.2019

## Key dates

- 30.04.2022: collection by the Commission of data on the application of the Directive, thereafter every 5 years (Art. 18(1))
- 30.04.2023: deadline for the Commission to publish an evaluation of the Directive, thereafter every 5 years (Art. 18(2))

## Related acts

- [Act on the prevention and remedying of environmental damage](https://igmnir.org/dane/prawo/en/pl-szkody/)
- [Industrial Emissions Directive (IED 2.0)](https://igmnir.org/dane/prawo/en/eu-ied/)

## Official sources

- [Text of the act](http://data.europa.eu/eli/dir/2004/35/oj)
- [Consolidated text](https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX:02004L0035-20190626)
- [EUR-Lex – Directive 2004/35/CE (consolidated version 26.06.2019)](https://eur-lex.europa.eu/legal-content/PL/ALL/?uri=CELEX:32004L0035)

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Register as of: 22.10.2026. The official text of the act prevails. IGMNiR. On the website: https://igmnir.org/en/law/#akt-eu-eld