The European Communities (Environmental Liability) Regulations

The European Communities (Environmental Liability) Regulations 2008, came into force in Ireland on 1 April 2009 with regard to the prevention and remedying of environmental damage.

  • The purpose of these Regulations is to establish a framework of environmental liability based on the ‘polluter-pays’ principle, to prevent and remedy environmental damage and introduce a reporting obligation on operators in respect of actual or threatened environmental damage to protected habitats, to water or to land.
  • There is also a requirement for remediation back to known or extrapolated baseline conditions.
  • The operator must notify the EPA and implement control and damage limitation if environmental damage has occurred.

Environmental damage under the Environmental Liability Regulations means:

  • Water damage that has significant adverse effects on water status under the Water Framework Directive.
  • Land damage that creates a significant risk to human health as a result of the direct or indirect introduction, in, on or under land, of substances, preparations, organisms or micro-organisms.
  • Damage to protected species and natural habitats.

The many costs associated with environmental liability may often mean the difference between viability and un-sustainability of a project or process.

The cost of “not getting is correct” can be significant for a business, for example;

  • Loss of production or failure to meet performance targets.
  • Development of an unsaleable product or process.
  • Prosecution by Government Agencies, litigation by customers or third parties.
  • Long term liability, bad press, damage to reputation damage..

Many of our Clients are audited by their customers, through ISO or similar audits and by referral/word of mouth reputation.

  • Failing to pass an audit may result in the loss or suspension of orders.

ECOS applies our expertise, extensive contact network, experience, reputation and good working relationship with regulators, research partners, contractors and suppliers to ensure that the product or process is technically, commercially and sustainably suitable to meet the Clients requirements.

Through working with ECOS, our Clients save time, money and potential loss of the confidence of their customers and stakeholders by avoiding the cost of “not getting is correct”.