The European Communities (Environmental Liability) Regulations 2008, came into force in Ireland on 1 April 2009. These Regulations (SI 547 of 2008) transpose EU Directive 2004/35/CE on environmental liability 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. The Agency has been designated as the competent authority for all aspects of these Regulations.
The Regulations supplement existing National and European Legislation to achieve the prevention and remediation of environmental damage by introducing, among other things, a positive reporting obligation on operators in respect of actual or threatened environmental damage. Environmental damage under the Environmental Liability Regulations means:
The Regulations represent an overarching piece of legislation that can be used in concert with all the Agency's existing powers, but will only be used in the appropriate circumstances when environmental damage has occurred as a result of an incident.
As an operator, if you wish to notify the Agency, or as a non-operator, submit observations to the Agency about an incident which you believe has caused environmental damage or is an imminent threat of environmental damage, then please click here for further details.
The Agency is currently drafting guidance on the Regulations and in the interim any queries on the Regulations should be addressed to our Environmental Liability Unit which can be contacted via: e-mail info@epa.ie (clearly stating it is an Environmental Liability Unit query); by phone on LoCall 1890 33 55 99; or you can write to us at :
Environmental Liability UnitEnvironmental Protection AgencyRegional InspectorateInniscarraCo. Cork
