Study on The Environmental Liabilities Directive of EU

The European Union Environmental Responsibility Directive, which adheres to the ‘polluters-pays’ principle, was not fully implemented in the process of conversion into the domestic laws of member states, so there is still a lack of harmonization and unification of laws at the European Union level. Remains. Therefore, resolving this is an important and urgent task. If we look more closely, there are still things that need to be improved regarding the definition of environmental infringement. Taking into account and making every effort to define and incorporate new risks into the liability items related to the objective responsibility of workers stipulated in Annex III, Lee Beop-ga defines the concept of environmental damage as efficient, uniform, and effective in terms of the spread of pollutants originating from industrial activities. It would be desirable to move in the direction of adaptation. In this regard, it is recommended to include ecosystems in the definitions of environmental damage and natural resources, and to expand the scope of application to damage caused by air pollution to include damage to human health and the environment. In addition, the establishment of a European database is also required to increase trust in the guidelines and improve their application. Establishing a financial guarantee plan is also an important issue in cases where the pollutant is not identified or has no ability to repay. Most industries whose activities make it possible to adopt the framework of the Guidelines have already adopted financial stability systems, showing that the market tends to self-regulate. Representatives of insurance companies confirmed this trend, emphasizing that the provision of financial stability could be improved by increasing the amount of data on the different types of environmental damage found within the European Union and by making the legal framework for implementing the Directive more transparent. Taking these considerations into account, legislators could consider introducing legislation to support businesses and insurance companies to increase the spread of insurance systems for different types of environmental damage.