Authors: Fogleman, Valerie;

In 2004, the Environmental Liability Directive (2004/35/EC; ELD) introduced liability for preventing and remediating biodiversity damage, that is, damage to species and natural habitats protected by the Birds Directive (2009/147/EC) and the Habitats Directive (92/43/EEC). Whilst the ELD also introduced liability for preventing and remediating land and water damage, its main focus is to assist in halting the loss of biodiversity in the EU. Before introduction of the ELD, no Member State imposed liability on persons whose activities had caused biodiversity damage to carry out measures to compensate for the failure fully to restore it or for the loss of biodiversity during the time it was being restored. Indeed, many Member States did not require biodiversity to be restored to its condition before it was damaged. The ELD has now been in force for over 12 years. During this time, the European Commission and Member States have carried out measures to improve its implementation including its assistance in halting the loss of biodiversity. The purpose of this paper is to examine the extent to which they have been successful.