COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 282 final - SYN 217 
Brussels, 15 September 1989 
Proposal for a 
COUNCIL DIRECTIVE 
ON CIVIL LIABILITY FOR DAMAGE CAUSED 
BY WASTE 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM &*i*f* 
1. Introduction 
Article 11(3) of Council Directive 84/631/EEC of 6 December 1984 
on the supervision and control within the Community of the 
transfrontier shipment of hazardous waste1 stipulates the 
fol lowing: 
"The Council shall, acting In accordance with the procedure 
referred to In Article 100 of the Treaty, determine not later 
than 30 September 1988 the conditions for Implementing the civil 
liability of the producer In the case of damage or that of any 
other person who may be accountable for the same damage and shall 
also determine a system of Insurance." 
As a reaction to the pollution caused by the accident at the 
Sandoz plant, the Council asked the Commission In its resolution 
of 24 November 1986 to examine the problems posed by damage to 
the environment and to review existing Community preventive and 
remedial measures. 
Consequently, the Commission Is currently preparing a 
communication to the Council and Parliament which examines the 
problems related to the Introduction of a system of civil 
liability for damage to the environment. 
2. Objectives of the Directive 
A prime objective of the Directive is to apply the "polluter 
pays" principle on terms conducive to the goal of completing the 
Internal market. 
The aim of establishing a uniform system of liability within the 
Community is to ensure, firstly, that victims of damage caused by 
waste receive fair compensation and, secondly, that industry's 
waste-related costs resulting from environmental damage are 
reflected In the price of the product or service giving rise to 
the waste. 
The occurrence of differences among national laws regarding the 
designation of the person liable (producer, holder) and the 
absence of a concerted development of notions like the damage and 
injury to the environment covered by liability, the causal 
relationship, the I Imitations of liability, etc, would lead to 
unequal conditions for competition among Member States and thus 
to artificial currents of investments and of wastes to those 
countries where conditions are least stringent for the economic 
operators and most disadvantageous to the victim. This Is 
contrary to the philosophy of the Single European Act, that 
foresees a high level of protect Ion.The Directive also has a 
preventive Intention. The reasoning Is that, If the polluter knew 
with certlanty that he would have to pay the cost, he would be en­
couraged to take action to minimize risks as soon as possible. 
1 0J - No L 326, 13.12.1984, p. 31 
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3. Scope 
The Directive covers all types of waste generated by an economic 
activity, with the exception of nuclear waste or waste and 
pollution caused by oil, where these are covered by the Brussels 
Conventions In force within Member States. 
Nuclear waste Is excluded from the field of application of the 
directive, being covered by international conventions and notably 
the convention on civil liability In the field of nuclear energy 
(Paris, 29 July 1960) and the complementary convention to the 
latter (Brussels, 31 January 1963) together with the protocols 
relating to these Conventions. 
The current status of the application of these conventions 
corresponds to the objectives sought for other wastes by the 
present directive. 
Community waste management policy is designed to minimize waste 
arisings and to monitor the effects of waste throughout the whole 
cycle from production to disposal. This item has high priority in 
the Community's environment policy, to the extent that It will 
make it possible to determine the civil liability applicable 
during the cycle of production, lifetime and disposal of waste. 
4. No-fault or strict liability 
As this principle Implies automatic liability, It will ensure 
that victims receive compensation, the environment will recover 
and economic agents are held liable In keeping with the 
objectives of the Directive. 
The concept of no-fault or strict liability for environmental 
risks Is everywhere gaining ground. In the related (and 
comparable) field of defective products, Council Directive 
85/374/EEC of 25 July 19852 adopts this principle, and It can 
also be found In a growing number of International conventions, 
e.g. on nuclear energy and oil pollution of the seas. The draft 
convention prepared by Un(droit on compensation for damage caused 
by the carriage of dangerous goods by rail, road or inland 
waterway, currently being negotiated within the United Nations 
Economic Commission for Europe, Is also based on the same 
principle. 
In the same spirit, the final communiqué of the 8th Conference of 
Ministers on the Protection of the Rhine agalnet Pollution in 
Strasbourg on 1 October 1987, which was also attended by the 
Commission, calls for harmonization of legislation on civil 
liability for damage caused by dangerous substances on the basis 
of the principle of strict liability. 
The same trend Is becoming Increasingly established In national 
legislation. Germany and Belgium have already Introduced the 
principle of no-fault I lability.In France, It Is well established 
by case law. Case law In the Netherlands Is moving in the same 
direction, and a law Is being drafted to Introduce the principle 
In the new Civil Code. In Spain, strict liability has been 
introduced in the waste management sector. 
2 OJ No L 210, 7.8.1985, p. 29. 
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5. The principle of liability 
The Directive attributes liability to the producer of the waste 
that causes damage or Injury to the environment. 
The polluter-pays Implies that the costs of waste, regarded as a 
social problem, should be reflected In the price of the products 
or service considered to have given rise to the waste. 
This represents a departure from the principle which enjoys some 
support to the effect that liability for damage lies with the 
carrrler. While this standpoint has Its merits In the field 
of carriage of dangerous goods, It Is unsuitable for application 
to waste, which Is of a different character. 
Because of the generally doubtful value of waste, Its producers 
are keen to get rid of it . There Is a temptation throughout the 
whole chain of economic operators Involved in a commercial 
operation relating to waste, to deal with the waste illegally 
rather than hand it over to an authorized disposal undertaking. 
Besides, the waete producer possesses the main key for taking the 
measures needed to avoid risks to man and the environment: above 
all others, he knows about the nature, the composition and the 
characteristics of the waste. 
For this reason a producer of waste must retain liability until 
disposal Is eneured under the prescribed conditions. 
There le, of course, nothing to stop the producer making a 
contract with the carrier or any other operator to the effect 
that they have llabrility. towards him If they are at fault in 
causing the damage or injury to the environment for which 
compensation Is due. 
However, the holder will always have to be considered liable if 
he Is unable to name the producer. 
6. Damage and other Injuries covered by the Directive 
The liability system Introduced covers : 
damage to Individuals (physical injury, death); 
damage to property (deterioration, destruction); 
Injury to the environment. This must be put In a new category 
separate from the proceeding categories. 
Environmental Injury concerns society rather than an Individual; 
It Is sometimes difficult to quantify, and it cannot be excluded 
that restoring the environment to Its state prior to the damage 
may Involve costs out of all proportion to the desired resuit.lt 
is for this reason that Article 4 of the proposed Directive 
limits the principle of liability. 
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In the first place, only Important and persistent Interferences 
are aimed at. These clarifications will make It possible for the 
national Judge to leave aside negligible and temporary 
Interferences. 
In the second place, the Interferences will have to be caused by 
a modification of the conditions of water, soil or air. As a 
matter of fact, this Includes Interferences In flora and fauna If 
caused by a modification of such conditions. Finally, the payment 
of "punitive damages" Is not foreseen, but merely restorative 
measures or reimbursement of measures reasonably taken. 
7. Parties entitled to Institute proceedings 
In the first Instance, the right to institute liability 
proceedings against the person causing the damage lies with the 
victim or his helre. 
Concerning Injuries to the environment, given the fact that those 
concern society, this right Is given to the public authorities. 
This right may also be granted to spec la I-Interest groups or 
established, recognized associations whose corporate goal is to 
protect the environment or public health. For such groups, the 
Directive introduces a system that takes account of the law 
applicable In the Member States, some of which grant a direct 
right to proceed to such associations (Netherlands, Luxemburg) 
or, ae in the case of France and Italy, permit them under certain 
conditions to institute civil proceed Inge Joined to a criminal 
action or, finally, who remain virtually closed to such 
Initiatives. 
The Directive is not designed to harmonize practices in this 
field. The Community hae chosen an Intermediate solution which 
consists In neither opposing current developments, nor 
precipitating potential developments. The same reasoning has been 
applied to the question of public bodies' right to sue. 
8. Limitation of liability 
a. Time limits 
The proposal provides for a time limit of three years beginning 
with the day on which the plaintiff became aware, or should have 
become aware, of the damage or Injury to the environment and the 
identity of the producer, following the pattern set In Directive 
85/374/EEC. Thus a degree of vigilance Is required of the 
plaintiff. 
In addition, the right to compensation exprles 30 years after the 
event which caused the damage or Injury to the environment. It 
appears Justified to place a time limit on the possibility of 
initiating a liability action. The 30-year limit seems to be a 
good compromise In view of the very slow build-up, for example, 
of contamination In soils. 
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b. Financial limits 
From the point of view of the victims or the environment 
affected, financial ceilings on civil liability are not Just if led, 
except In the circumstances specified in Article 4; furthermore, 
such ceilings would be contrary to the principles laid down in 
Article 130r(2) of the Treaty that the polluter should pay and 
that preventive action should be taken. Consequently, the 
Commission Is making no proposals In this respect. 
c) Limits to liability 
(1) Force majeure; This may exonerate the producer, provided 
he can prove it. 
(2) Contrlbutory neg11gence: 
If the damage was caused partly by the waste and partly by a 
fault on the part of the victim, the circumstances of the 
case in point should decide whether the waste producer's 
liability should be reduced - and, If so, by how much - or 
entirely excluded. This fits in with the solution adopted In 
Article 8(2) of Directive 85/374/EEC. 
(3) Some or all of the damage or Injury to the environment was 
caused by a third party 
Article 8(1) of Directive 85/374/EEC states that the 
liability of the producer shall not be reduced when the 
damage or Injury to the environment is caused both by a 
defect In the product and by the act or omission of a third 
party. 
The reason for this approach is that the producer can always 
take action against third parties. A similar rationale should 
apply to liability for damage and Injury to the environment 
caused by wastes. The proposal is, therefore, to follow the 
philosophy behind Article 8 of Directive 85/374/EEC. 
9. insurance 
Although Directive 86/631/EEC provides for the setting up of a 
system of Insurance to cover damage caused by waste, the 
Commission believes It would be wise to proceed cautiously on 
this subject. 
For one thing, the insurance companies are currently against even 
limited mandatory Insurance cover, as the market for 
environmental Insurance is currently expanding rapidly. A minimum 
ceiling (which, politically, could not be less than the ECU 70 
million specified by Directive 85/374/EEC) might distort the 
market. Secondly, the parties liable may prefer other means of 
equal effectiveness, e.g. deposit, bill of exchange, etc., as 
accepted by United States legislation In this field. 
In these circumstances, It appears preferable not to legislate on 
this aspect for the time being. 
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10. Non-recoverable damage and Injury to the environment 
There Is a need for a Community policy to deal with cases where 
the party responsible cannot be Identified or proves Incapable 
ofcompensating the victim or repairing the Injury to the 
envIronment. 
If Member States make different choices regarding apportionment 
of costs (to waste producers? to the victim? to society?), 
payment rules and management of funds, there is a risk of 
unwarranted distortions. From the point of view of environmental 
policy, these choices must be firmly based on the principles laid 
down In Article 130r of the Treaty. From the victim's point of 
view, It would be unfair if similar cases (or even the same case) 
where a pollution incident affects several Member States) were 
dealt with differently. 
Although some Member States are already addressing themselves to 
the question of non-recoverable damage and Injury to the 
environment, the Commission will need more time to prepare 
proposals, not only because of the extreme complexity of the 
subject but also because It would be illogical to limit the scope 
of a Community Instrument to damage and Injury to the environment 
caused by waste. 
For these reasons, It is proposed that the examination of the 
Issue should be continued, and the Commission be instructed to 
draft rules. 
11. Legal basis 
Article 11(3) of Directive 84/631/EEC specifies the use of 
Article 100 as a legal basis for the Directive on civil liability 
for waste. 
The current differences In national provisions on the civil 
liability of the producer for damage and injury to the 
environment caused by waste are liable to distort competition, 
affect the free movement of goods In the Internal market and give 
rise to dlfferrences In the level of protection of health, 
property and the environment. These differences therefore have a 
direct effect on the establishment or functioning of the Internal 
market. 
Article 11(3) of Directive 84/631/EEC spécifiée Article 100 as a 
legal basis for approximating provisions on civil liability for 
damage caused by waste. 
Since the entry Into force of the Single Act, Article 100a has 
replaced Article 100 as the appropriate basis for harmonizing 
national provisions that have an effect on the internal market. 
It Is therefore proposed that Article 100a be taken as the legal 
basis. 
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12. The Articles 
Article 1 
This Article determines the scope of the Directive (see also 
point 3). 
it Is proposed to exclude from the scope of the Directive civil 
liability regulated by existing International conventions - to 
the extent that they are applied by the Member States - and 
clvi11iablIity for nuclear waste other than that covered by 
Community legislation on waste. 
Article 2 
The definition of "producer" is that used in Directive 
84/631/EEC; the definition of "waste" refers to Directive 
75/442/EEC. it should be noted that the Commission has prepared 
and sent to the Council an amendment to these Directives, 
providing among other things for a new definition of the concept 
of "waste". 
The following are also considered to be producers of waste; 
the Importer into the Community of waste from non-Community 
countries; 
the holder of waste, where the waste Is In transit within 
Community territory, or the Identity of the actual producer 
Is unknown; 
the disposal agent, if the waste has been lawfully entrusted 
to his cars. 
The definitions of "damage" and "Injury to the environment" are 
dealt with In point 6. 
Article 3 
This Article defines the principles of strict liability and Its 
assignment to the producer (see also points 4 and 5). 
Article 4 
This Article specifies what actions are admissible and requires 
proof of a causal link. While the Commission has chosen not to 
shift the burden of proof entirely, It has Improved the position 
of the victim, who frequently does not have the means of knowing 
what certain "professional" activities entail. 
Article 5 
This Article, like Article 5 of Directive 85/374/EEC, establishes 
Joint and several liability In the event that several producers 
are Imp Iicated. 
Article 6(1) 
This specifies that the producer is not liable when the damage or 
Injury to the environment Is due to force majeure. 
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Article 6(2) 
Some Member States consider that the holding of an official 
authorization cannot be relied on to limit or exclude civil 
liability for damage and Injury to the environment. This is the 
case for France and the Netherlands. The Federal Republic of 
Germany has for some time now refrained from granting 
authorizations which limit the claims of third parties. 
In view of the continuing divergence of opinion, the Commission 
has preferred to regulate this issue explicitly. 
Article 7 
See point 8(c)(2) and (3) of the explanatory memorandum. 
Article 8 
Civil liability cannot be considered optional or negotiable. 
Contractual arrangements derogating from the provisions of this 
Directive will therefore not be permitted. See also Article 12 of 
Directive 85/374/EEC. 
Article 9 and 10 
See above, point 8(a). 
Article 11 
See above, point 10. 
Article 12 
For the purpose of establishing a system of no-fault liability, 
account must be taken of various agreements in force or In the 
course of negotiation In the transport sector. 
Ae already Indicated In point 4 above, liability In respect of 
the carriage of dangerous goods Is to lie with the carrier. 
Since the overriding aim Is to protect the Injured party, the 
proposed Directive must avoid restricting his or her possible 
recourse under other Instruments. 
Some International agreements provide for limitation of 
liability. Thle right must be respected by the Directive. 
Article 13 
This Article bars retroactive application of the Directive. 
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Proposal for a 
COUNCIL DIRECTIVE 
ON CIVIL LIABILITY FOR DAMAGE CAUSED 
BY WASTE 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 100a thereof, 
Having regard to the proposal from ths Commission*1), 
In cooperation with the European Parliament*2), 
Having regard to the opinion of the Economic and Social Committee*3) 
Whereas Article 11(3) of Directive 84/631/EEC<4), as last amended by Directive 86/279/EEC , provides 
on the basis of Article 100 of the Treaty for action by the Community to 
determine the conditions for Implementing the civil I lability of the 
producer In the case of damage caused by waste, or that of any other 
person who may be accountable for the said damage, and to determine a 
system of Insurance; 
Whereas the Fourth Environment Action Programme of the European 
Communities of 1987*6) provides In point 5.3.6 that work on the 
question of civil liability and Insurance in relation to the 
transfrontier movement of waste will be completed and proposals will 
be made; whereas it also providee in point 2.5.5 that the Commission 
will "consider the scope for the better definition of responsibility 
In the environmental field"; 
Whereas disparities among laws of the Member States concerning the 
liability for damage and Injury to the environment caused by waste 
could lead to artificial patterns of Investment and waste; whereas 
such a situation would distort competition, affect the free movement 
of goods within the Internal market and entail differences In the 
level of protection of health, property and the environment; whereas an 
approximation of the laws of the Member States on this subject Is 
therefore needed; 
(D 
(2) 
(3) 
(4) OJ No L 326, 13.12.1984, p.31. 
(5) OJ No L 181, 4.7.1986, p.13. 
(6) OJ No C 328, 7.12.1987, p.6. 
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Whereas, since the entry Into force of the Single European Act, Article 100a 
has replaced Article 100 as the appropriate basis In the Treaty for 
approximating national provisions that affect the internal market; 
Whereas such approximation must be based on a high level of 
protection both with regard to the damage and injury to the 
environment which may be repaired, and the conditions that must be 
fulfilled in order to Initiate proceedings; 
Whereas Article 11(1) of Directive 84/631/EEC requires the producer 
of waste to take all necessary steps ' to dispose of the waste, 
or arrange for Its disposal, so as to protect the quality of the 
envIronment; 
Whereas Community action In the field of waste management seeks to 
minimize the production and monitor the effects of waste, throughout 
the whole cycle from production to disposal; whereas it concerns all 
types of waste; 
Whereas therefore the Community system of civil liability in this 
field should not be limited to damage and Injury to the environment 
that occurs during transfrontier movements of hazardous waste; 
Whereas this system presupposes the notion of professional risk; 
Whereas the principles established In 130r(2) of the Treaty that the 
polluter should pay and that preventive action should be taken cannot 
be effectively Implemented in the waste management sector unless the 
cost of the damage or Injury to the environment caused by the waste 
is reflected In the cost of the goods or services that give rise to 
the waste; whereas, In view of the risk Inherent in the very 
existence of waste, the strict lalblllty of the producer constitutes 
the beet solution' to the problem; 
Whereae, however, if the waste has been lawfully transferred to an 
authorized disposal installation, establishment or undertaking 
pursuant to Article 9 of Council Directive 78/319/EEC*7), liability 
must be transferred to the latter; 
Whereas, In order to safeguard the Injured party's rights, the holder 
of waste must be able to identify the producer, on pain of himself 
being considered the producer; 
Whereas effective protection of the Injured party requires that he 
should be able to claim full redress from each of the parties 
responsible for the damage or Injury to the environment, Irrespective 
of the establishment of the relative liability of the part lee; 
Whereas the protection of persons and the environment requires that 
the producer's liability should not be reduced by the Involvement of 
other persons having contributed to causing the damage or Injury to 
the environment; whereas, however, the contributory negligence of the 
Injured party may be taken into account to .assign, reduce or disallow such 
liability; 
(?) OJ No L 84, 31.3.1978, p.43. 
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Whereas the protection of persons and the environment requires 
compensation for death and personal injury; whereas such compensation 
should be extended to damage to property and Injury to the 
environment; whereas this Directive does not prejudice compensation 
for pain and suffering and other non-material damage payable, where 
appropriate, under the law applicable to the case; 
Whereas a uniform period of limitation for Instituting compensation 
proceedings Is in the Intereets both of the injured party and of the 
producer ; 
Whereas, to ensure the effective protection of persons and the 
environment, no contractual derogation should be permitted as regards 
the liability of the producer In relation to the injured party; 
Whereas market conditions at present are such that It Is not 
opportune to establish a mandatory system of insurance; 
Whereas rules must be laid down at Community level for compen­
sation for damage and Injury to the environment caused by waste In the 
event that payment of full compensation is not possible, 
HAS ADOPTED THIS DIRECTIVE: 
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Article 1 
1. This Directive shall concern civil liability for damage and 
Injury to the environment caused by waste generated in the course 
of an occupational activity, from the moment it arises. 
2. This Directive shall not apply 
to nuclear waste- covered by national law based on the 
Convention on Third Party Liability In the Field of Nuclear 
Energy (Parle, 29 July 1960) and the Convention supplementary 
to the aforementioned Convention (Brussels, 31 July 1963), as 
well as the Protocols attached to these Conventions; 
to waste and pollution covered by national law- based on the 
International Convention on Civil Liability for Oil Pollution 
Damage (Brussels, 29 November 1969) and the International 
Convention on the Establishment of an International Fund for 
Compensation for Oil Damage (Brussels, 18 December 1971). 
Article 2 
1. For the purposes of this Directive 
a) "producer" means any natural or legal person whose 
occupational activities produce waste and/or anyone who carries 
out prs-processlng, mixing or other operations resulting In a 
change in the nature or composition of this waste, until the 
moment when the damage or Injury to the environment Is 
caused ; 
b) "waste" means any eubstance or object defined as waste in 
Article 1 of Council Directive 75/442/EEC (8); 
c) "damage" means: 
i) damage resulting from death or physical injury; 
ii) damage to property; 
d) "Injury to the environment" means a significant and 
persistent Interference In the environment caused by a 
modification of the physical, chemical or biological 
conditions of water, soil and/or air Insofar as these are not 
considered to be damage' within the meaning of sub-paragraph c), 
ii). 
(8) 0J No L 194, 25.7.1975, p.47. 
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2. The following shall be deemed to be the producer of the waste In 
place of the person defined In paragraph 1(a): 
a) the person who imports the waste into the Community, except 
where the wasts was previously exported from the Community 
and Its nature or composition was not substantially changed 
prior to Its reimportation; 
b) the person who had actual control of the waste when the 
Incident giving rise to the damage or Injury to the 
environment occurred: 
I) if he is not able within a reasonable period to identify 
the producer as defined In paragraph 1; 
il) if the waste Is in transit In the Community without 
having undergone there a substantial change In nature or 
composition before the occurrence of the incident giving 
rise to the damage or Injury to the environment; 
c) the person responsible for the Installation, establishment or 
undertaking where the waste was lawfully transferred to such 
Installation, establishment or undertaking licensed pursuant 
to Article 8 of Directive 75/442/EEC, Article 6 of Council 
Directive 75/439/EEC<9> or Article 9 of Directive 78/319/EEC, 
or approved pursuant to Article 6 of Council Directive 76/403/EEC (10) 
Article 3 
The producer of waste shall be liable under civil law for the damage and 
Injury to the environment caused by the waste, Irrespective of fault 
on his part. 
Article 4 
1. The plalnltff may take legal action to obtain: 
a) the prohibition or cessation of the act causing the damage or 
Injury to the environment; 
b) the reimbursement of expenditure ar I sing from measures to prsvent 
the damage or Injury to the environment; 
c) the reimbursement of expenditure arising fro» measures to 
compensate for damage within the meaning of sub-paragraph c) ii) 
of Article 2(1); 
(9) 0J No L 194, 25. 7.1975, p. 31. 
(10) OJ No L 108, 26.4.1976, p.41. 
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d) the restoration of the environment to Its state Immediately 
prior to the occurence of Injury to the environment or the 
reimbursement of expenditure* incurred in connection with measures 
taken to this end; 
e) indemnification for the damage. 
2. With regard to the restoration of the environment provided for in 
paragraph 1 d), the plaintiff, in the case of injury to the 
environment, may seek such restoration or the reimbursement of 
expenditure incurred- to this end except when: 
the costs substantially exceed the benefit arising for the 
environment from such restoration, and 
other alternative measures to the restoration of the 
environment may be undertaken at a substantially lower cost. 
In this latter case, the plaintiff may seek the implementation of 
these other measures or the reimbursement of the expenditure 
incurred to this end. 
3. As regards injury to the environment, the public authorities 
may take the legal action provided for in paragraph 1 a), b) and d). 
4. Where the law In Member States gives 
common-interest groups the right to bring an action as plaintiff, 
they may seek only the prohibition or cessation of the act giving 
rise to the Injury to the environment. If, however, they have 
taken the measures provided for In paragraph Kb), and (d), they 
may seek reimbursement of the expenditure resulting from such 
measures. 
5. This Directive shall be without prejudice to national provisions 
relating to non-mater la I damage. 
6. The plaintiff shall be required to prove the damage or injury to 
the environment, and show the overwhelming probability of the 
causal relationship between the producer's waste and the damage 
or, ae the case may be, the Injury to the environment suffered. 
Article 5 
Where, under this Directive, two or more producers are liable for the 
same damage or the same injury to the environment, they shall be liable 
jointly and severally, without prejudice to the provisions of national 
law concerning the right of redress. 
Article 6 
1. The producer shall not be liable under this Directive If he shows 
that the damage or Injury to the environment results from force 
majeure as defined In Community law. 
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2. The producer shall not be relieved of liability by the sole 
fact that he holds a permit Issued by the public authorities. 
Article 7 
1. Without prejudice to the provisions of national law concerning 
the right of recourse,the liability of the producer shall not be 
reduced when the damage or Injury to the environment is caused 
both by the waste and by an act or omission of a third party. 
2. The liability of the producer may be reduced or disallowed when, 
having regard to all the circumstances, the damage Is caused both 
by the waste and the fault of the Injured party or of any person 
for whom the injured party is responsible. 
Article 8 
The liability of the producer arising from this Directive may not be 
limited or excluded in relation to the injured person by any contractual 
provision limiting his liability or exempting him from liability. 
Article 9 
1. Member States shall provide in their legislation that of legal 
proceedings under this Directive shall be barred upon expiry 
of a period of three years from the date on which the party 
taking legal action under Article 4(1) became aware or 
should have become aware of the damage or Injury to the 
environment and of the Identity of the producer. 
2. This Directive shall not affect Member States' provisions on the 
suspension or Interruption of the limitation period. 
Article 10 
The right to take legal action under this Directive shall be extinguished 
upon the expiry of a period of thirty years from the date on which the 
incident giving rise to the damage or injury to the. environment occurred, unless 
in the meantime proceedings against the party liable for the damage 
or Injury to the environment have been Instituted. 
Article 11 
The Council, acting on a proposal from the Commission, sha11 
determine by 31 December 1992 at the latest the conditions to 
be applied and the means to be used in order to provide compensation 
for the damage and Injury to the environment covered by this 
Directive in the event that 
the person liable under this Directive cannot be 
identified; 
the person liable is incapable of providing full compensation for the 
damage and/or Injury caused. 
Article 12 
This Directive shall not affect: 
a) any rights which may be relied upon by the plaintiff under this 
Directive under international conventions on civil liaDility for the 
carriage of dangerous goods in force at the relevant time; 
b) any rights established by the International Convention on 
Limitation of Liability for Maritime Claims (London, 19 November 
1976). 
Article 13 
This Directive shall not apply to damage or Injury to the 
environment arising from an incident which occurred before the date 
on which ita provisions are implemented. 
Article 14 
1. Member States shall bring Into force, not later than 1 January 
1991, the I awe, regulations and administrative provisions 
necessary to comply with this Directive. They shall forthwith 
inform the Commies ion thereof. 
2. The provisions adopted pursuant to paragraph 1 shall make 
express reference to this Directive. 
3. Member States shall communicate to the Commission the texts of 
the provisions of national law which they adopt in the field 
governed by this Directive. 
Article 15 
This Directive is addressed to the Member Statee. 
Done at Brussels, For the Council 

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