The Environmental Liability Directive and liability for damage to the marine environment

This paper discusses the main features of directive 2004/35/EC and analyses its relationship with other liability systems relevant to marine environmental protection at international, EC and national levels. The issue of recoverable damage is examined and the ELD's specific relevance to the marine environment queried post the 2006 Green Paper on the future European maritime policy. The Commission's proposal for a directive on civil liability and financial guarantees of shipowners is also considered and possible inconsistencies within existing and proposed regimes highlighted. Finally, a case study of Italy is given from the perspective of the adoption of appropriate implementing measures at national level.