January 31, 2023


Creating Possibilities

European Commission Launches Get in touch with for Proof on Revisions to Vital EU Environmental Frameworks | Latham & Watkins LLP

The consultations invite stakeholders’ views on the Environmental Legal responsibility Directive and the Waste Framework Directive.

In Could 2022, the European Fee (Commission) issued community consultations in relation to the proposed revision of two of the EU’s key environmental frameworks. The consultations on the Environmental Liability Directive (ELD) issued on 12 May well and the Squander Framework Directive (WFD) issued on 24 May perhaps mark the most recent in a series of techniques that the Commission is using to revise and fortify environmental controls in the EU, next on from the EU’s 2019 Inexperienced Deal.


The ELD was adopted in 2004 to set up a framework of environmental liability, centered on the “polluter pays” theory, to much better avert and cure environmental problems in the EU. Beneath the ELD, operators have a authorized accountability to protect against and restore any environmental damage brought on by their things to do, with the intention that this responsibility encourages operators to build methods that minimise the hazard that their functions will bring about these hurt.

Underneath the ELD, the Commission is essential to have out an analysis of the effects of the ELD just before 30 April 2023. This requirement, put together with the European Parliament’s May possibly 2021 adoption of a resolution contacting for the EU procedures on liability of providers for environmental harm to be strengthened, led to the Fee saying the commencement of this analysis course of action in November 2021. The simply call for evidence lasted right until 27 December 2021 and elicited general public responses from a amount of sector teams and other stakeholders.

The Fee views this general public session as the next phase in the method, supplying stakeholders from across Europe and the globe the possibility to response a questionnaire to supply their enter on how the ELD really should be up-to-date.

The community consultation will be open until eventually 4 August 2022, and the Commission will use its results — along with facts collected from the simply call for proof, the European Parliament’s May possibly 2021 resolution, and facts from Member States — to inform its adoption of a proposal to revise the ELD by the 30 April 2023 deadline.


The WFD, at first adopted in 2008, is supposed by the EU to introducesteps to guard the environment and human wellness by protecting against or minimizing the adverse impacts of the generation and administration of squander and by lowering overall impacts of resource use and bettering the performance of these kinds of use”.

Similar to the session on the ELD, the consultation on the WFD follows an earlier contact for evidence (in this situation, issued in January 2022). Rather than a distinct driver for an analysis coming from the at the moment enacted laws (as in the circumstance of the ELD), the WFD consultation course of action has been initiated mainly because of unique issues that the Commission needs to address. In specific, the Fee is searching for to deal with the boost in squander produced about the very last decade in the EU and improve recycling of squander. To even more these aims, the Fee is looking at introducing regulatory steps to:

  • Lower squander generation. These actions could include introducing targets for waste reduction, increasing the purpose of extended producer obligation (EPR) schemes, enhancing the separate assortment of squander by amending particular derogations in the WFD, and introducing least needs for segregation and assortment of waste to facilitate assortment of made use of things so that they can be re-utilized or ready for re-use or recycling.
  • Reinforce the “polluter pays” theory by growing EPR techniques to other classes of goods (such as textiles) and strengthening enforcement of EPR demands, in particular for goods bought by using e-commerce.
  • Set targets for waste oil assortment and regeneration.

The community consultation closes on 16 August 2022, and the Fee has indicated that it intends to adopt a proposal for a directive in Q2 2023.

Latham & Watkins will carry on to keep an eye on developments in this location.