No C 192/6 Official Journal of the European Communities 23. 7. 91 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on civil liability for damage caused by waste (') 
(91/C 192/04) 
COM(91) 219 final — SYN 217 
(Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 28 June 1991) 
0) OJ No C 251, 4. 10. 1989, p. 3. 
ORIGINAL PROPOSAL 
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 the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 11 (3) of Directive 84/631/EEC (>), as 
last amended by Directive 86/279/EEC (2), provides, on 
the basis of Article 100 of the Treaty, for action by the 
Community to determine the conditions for 
implementing the civil liability 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; AMENDED PROPOSAL 
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 the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 11 (3) of Directive 84/631/EEC (1), as 
last amended by Directive 86/279/EEC (2), provides, on 
the basis of Article 100 of the Treaty, for action by the 
Community to determine the conditions for 
implementing the civil liability 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; 
(') OJ No L 326, 13. 12. 1984, p. 31. 
(2) OJ No L 181, 4. 7. 1986, p. 13. (') OJ No L 326, 13. 12. 1984, p. 31. 
O OJ No L 181, 4. 7. 1986, p. 13. 
23. 7. 91 Official Journal of the European Communities No C 192/7 
ORIGINAL PROPOSAL 
Whereas the Fourth Environment Action Programme of 
the European Communities of 1987 (*) 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 provides in point 2.5.5 that the 
Commission will 'consider the scope for the better defi­
nition 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; 
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 trans­
frontier movements of hazardous waste; 
O OJ No C 328, 7. 12. 1987, p. 6. AMENDED PROPOSAL 
Whereas the Fourth Environment Action Programme of 
the European Communities of 1987 (x) 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 provides in point 2.5.5 that the 
Commission will 'consider the scope for the better defi­
nition of responsibility in the environmental field'; 
Whereas disparities among laws of the Member States 
concerning the liability for damage and impairment of 
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; 
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 
impairment of 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 
impairment of the environment that occurs during trans­
frontier movements of hazardous waste; 
(») OJ No C 328, 7. 12. 1987, p. 6. 
No C 192/8 Official Journal of the European Communities 23. 7. 91 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas this system presupposes the notion of 
professional risk; Whereas this system presupposes the notion of 
professional risk; 
Whereas the principles established in Article 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 
liability of the producer constitutes the best solution to 
the problem; Whereas the principles established in Article 13 Or (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 impairment of 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 liability of the producer constitutes the best 
solution to the problem; 
Whereas, however, if the waste has been lawfully trans­
ferred to an authorized disposal installation, estab­
lishment or undertaking pursuant to Article 9 of Council 
Directive 78/319/EEC ('), liability must be transferred to 
the latter; Whereas, however, if the waste has been lawfully trans­
ferred to an authorized disposal installation, estab­
lishment or undertaking pursuant to Article 9 of Council 
Directive 78/319/EEC ('), 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, 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 the Directive must also cover the 
liability of the eliminator of waste; 
Whereas in cases where the Convention on civil liability 
for damage caused during the carriage of dangerous 
goods applies, the carrier should be liable within the 
limits laid down in the abovementioned Convention; 
Whereas in the interest of a high level of protection for 
the interests of the injured parties and of the envi­
ronment, the Member States must offer the persons who 
may bring a legal action the possibility of requesting 
measures to prevent, suspend and/or compensate for the 
act or omission which caused or may cause damage to or 
impairment of the environment; 
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 parties; 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 
impairment of the environment, irrespective of the estab­
lishment of the relative liability of the parties; 
(') OJ No L 84, 31. 3. 1978, p. 43. (*) OJ No L 84, 31. 3. 1978, p. 43. 
23. 7. 91 Official Journal of the European Communities No C 192/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 envi­
ronment; whereas, however, the contributory negligence 
of the injured party may be taken into account to assign, 
reduce or disallow such liability; Whereas the protection of persons and the environment 
requires that a person's liability should not be reduced by 
the involvement of other persons having recklessly or 
negligently contributed to causing the damage or 
impairment of the environment; whereas, however, the 
intent of the injured party to cause such damage or 
impairment or contributory negligence on his part may 
be taken into account to assign, reduce or disallow such 
liability; 
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 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 impairment of 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 interests both of the 
injured party and of the producer; Whereas a uniform period of limitation for instituting 
compensation proceedings is in the interests 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, to ensure the effective protection of persons 
and the environment, no contractual derogation should 
be permitted as regards the liability of any person under 
this Directive in relation to the damage or the 
impairment of the environment; 
Whereas market conditions at present are such that it is 
not opportune to establish a mandatory system of 
insurance; Whereas the liability of the producer and eliminator of 
waste must be covered by insurance or other financial 
security; 
Whereas rules must be laid down at Community level for 
compensation for damage and injury to the environment 
caused by waste in the event that payment of full 
compensation is not possible, Whereas rules must be laid down at Community level for 
compensation for damage and impairment of the envi­
ronment caused by waste in the event that payment of 
full compensation is not possible, 
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS DIRECTIVE: 
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. Article 1 
1. This Directive shall concern civil liability for 
damage and impairment of the environment caused by 
waste generated in the course of an occupational activity, 
from the moment it arises. 
No C 192/10 Official Journal of the European Communities 23. 7. 91 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
2. This Directive shall not apply 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 (Paris, 29 July 1960) and the 
Convention supplementary to the aforementioned 
Convention (Brussels, 31 January 1963), as well as 
the Protocols attached to these Conventions; to nuclear waste covered by national law based on 
the Convention on Third Party Liability in the Field 
of Nuclear Energy (Paris, 29 July 1960) and the 
Convention supplementary to the aforementioned 
Convention (Brussels, 31 January 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 Estab­
lishment of an International Fund for Compensation 
for Oil Damage (Brussels, 18 December 1971). to damage and impairment of the environment 
caused by oil from ships at sea insofar as the question 
of liability is regulated by the International 
Convention on civil liability for oil pollution damage 
of 29 November 1969 as amended by the Protocols 
of 19 November 1976 and 25 May 1984 and by the 
International Convention on the establishment of an 
international fund for compensation for oil pollution 
damage of 18 December 1971 as amended by the 
Protocols of 19 November 1976 and 25 May 1984. 
3. This Directive shall apply not only to the territories 
of the Member States but also to the exclusive economic 
zone over which the Member States enjoy rights and 
obligations under public international law. 
Article 2 
1. For the purposes of this Directive: 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 pre-processing, 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; (a) 'producer' means any person who, in the course of a 
commercial or industrial activity, produces waste 
and/or anyone who carries out pre-processing, 
mixing or other operations resulting in a change in 
the nature or composition of this waste; 
(b) 'waste' means any substance or object defined as 
waste in Article 1 of Council Directive 
75/442/EECO; (b) 'waste' means any substance or object defined as 
waste in Council Directive 75/442/EEC ('); 
(c) 'damage' means: 
(i) damage resulting from death or physical injury; 
(ii) damage to property; (c) 'damage' means: 
(i) damage resulting from death or physical injury; 
(ii) damage to property; 
(') OJ No L 194, 25. 7. 1975, p. 39. 0) OJ No L 194, 25. 7. 1975, p. 39. 
23. 7. 91 Official Journal of the European Communities NoC 192/11 
ORIGINAL PROPOSAL 
(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 in so far as these 
are not considered to be damage within the meaning 
of subparagraph (c) (ii). 
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 waste was previously 
exported from the Community and its nature or 
composition was not substantially changed prior to 
its re-importation; 
(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; 
(ii) 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, estab­
lishment or undertaking where the waste was 
lawfully transferred to such installation, estab­
lishment or undertaking licensed pursuant to Article 
8 of Directive 75/442/EEC, Article 6 of Council 
Directive 75/439/EEC (') or Article 9 of Directive 
78/319/EEC, or approved pursuant to Article 6 of 
Council Directive 76/403/EEC (2). 
(') OJ No L 194, 25. 7. 1975, p. 23. 
(2) OJ No L 108, 26. 4. 1976, p. 41. AMENDED PROPOSAL 
(d) 'impairment of the environment' means any significant 
physical, chemical or biological deterioration of the 
environment insofar as this is not considered to be 
damage within the meaning of sub-paragraph (c) (ii); 
(e) 'person'means any natural or legal person as defined 
by public or private law: 
(f) 'eliminator' means a person who carries out any of 
the operations listed in Annex IIA or Annex II B to 
Council Directive 75/442/EEC. 
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 waste was previously 
exported from the Community and its nature or 
composition was not substantially changed prior to 
its re-importation; 
(b) the person who had actual control of the waste when 
the incident giving rise to the damage to or 
impairment of the environment occurred, if he is not 
able within a reasonable period to identify the 
producer as defined in paragraph 1 (a); 
(c) the person responsible for the installation, estab­
lishment or undertaking where the waste was 
lawfully transferred to such installation, estab­
lishment or undertaking licensed pursuant to Article 
8 of Directive 75/442/EEC, Article 6 of Directive 
75/439/EEC (») or Article 9 of Directive 
78/319/EEC, or approved pursuant to Article 6 of 
Directive 76/403/EEC (2). 
O OJ No L 194, 25. 7. 1975, p. 23. 
O OJ No L 108, 26. 4. 1976, p. 41. 
No C 192/12 Official Journal of the European Communities 23. 7. 91 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 3 
1. The producer of waste shall be liable under civil 
law for the damage and impairment of the environment 
caused by the waste, irrespective of fault on his part. In 
cases covered by the Convention on civil liability for 
damage caused during the carriage of dangerous goods 
by road, rail and inland waterway vessels of 10 October 
1989, the carrier shall also be liable within the limits laid 
down in the abovementioned Convention. 
2. The producer shall include in his annual report the 
name of his insurers for civil liability purposes. 
Article 4 
1. The plainitiff may take legal action to obtain: Article 4 
1. The national laws of the Member States shall 
determine: 
(a) the prohibition or cessation of the act causing the 
damage or injury to the environment; (a) the person who may bring a legal action in the event 
of damage to or impairment of the environment 
caused or about to be caused by waste; 
(b) the reimbursement of expenditure arising from 
measures to prevent the damage or injury to the 
environment; (b) the remedies available to such persons which shall 
include: 
(i) an injunction prohibiting the act or correcting 
the omission that has caused or may cause the 
damage and/or compensation for the damage 
suffered; 
(ii) an injunction prohibiting the act or correcting 
the omission that has caused or may cause 
impairment of the environment; 
(iii) an injunction ordering the reinstatement of the 
environment and/or ordering the execution of 
preventive measures and the reimbursement of 
costs lawfully incurred in reinstating the envi­
ronment and in taking preventive measures 
(including costs of damage caused by preventive 
measures); 
(c) the reimbursement of expenditure arising from 
measures to compensate for damage within the 
meaning of subparagraph (c) (ii) of Article 2 (1); (c) the burden of proof on the plaintiff, when affirming 
the causal link between the waste on the one hand 
and the damage or impairment of the environment 
suffered or likely to be suffered on the other hand; 
the burden of proof shall be no higher than the 
standard burden of proof in civil law; 
23. 7. 91 Official Journal of the European Communities NoC 192/13 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
(d) the restoration of the environment to its state 
immediately prior to the occurrence of injury to the 
environment or the reimbursement of expenditure 
incurred in connection with measures taken to this 
end; (d) whether and to what extent damages for loss of 
profit or economic loss may be recoverable. 
(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: 2. With regard to reinstatement of the environment, 
as provided for in paragraph 1 (b) (iii), the plaintiff may 
seek such reinstatement or the reimbursement of expen­
diture incurred to this end except when: 
— the costs substantially exceed the benefit arising for 
the environment from such restoration, and the costs substantially exceed the benefit arising for 
the environment from such reinstatement, and 
other alternative measures to the restoration of the 
environment may be undertaken at a substantially 
lower cost. other alternative measures to the reinstatement of the 
environment may be undertaken at a substantially 
lower cost. 
In this latter case, the plaintiff may seek the implemen­
tation of these other measures or the reimbursement of 
the expenditure incurred to this end. In this latter case, the plaintiff may seek the implemen­
tation 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). 3. Common interest groups or associations, which 
have as their object the protection of nature and the 
environment, shall have the right either to seek any 
remedy under paragraph 1 (b) or to join in legal 
proceedings that have already been brought. The 
conditions under which the interest groups or associ­
ations defined in the previous sentence may bring an 
action before the competent authorities shall be laid 
down by national legislation. 
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 1 (b) and (d), they may seek reimbursement of 
the expenditure resulting from such measures. 4. This Directive shall be without prejudice to 
national provisions relating to non-material damage. 
5. This Directive shall be without prejudice to 
national provisions relating to non-material damage. 
6. The plaintiff shall be required to prove the damage 
or injury to the environment, and show the over­
whelming probability of the causal relationship between 
the producer's waste and the damage or, as the case may 
be, the injury to the environment suffered. 
No C 192/14 Official Journal of the European Communities 23. 7.91 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 5 
1. Where, under this Directive, two or more persons 
are liable for the same damage or the same impairment 
of the environment, they shall be liable jointly and 
severally. 
2. This Directive shall apply without prejudice to the 
provisions of the national laws of the Member States 
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. Article 6 
1. No liability shall attach to any person if he proves 
that, in the absence of fault on his part: 
(a) the damage or impairment of the environment was 
caused by an act or omission of a third party with 
the intent to cause such damage or impairment; or 
(b) the damage to or impairment of the environment 
resulted from force majeure as defined in Community 
law. 
2. The producer shall not be relieved of liability by 
the sole fact that he holds a permit issued by the public 
authorities. 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. Article 7 
1. No liability for damage or impairment of the envi­
ronment caused by waste shall attach to the eliminator if 
he can prove that, in the absence of fault on his part, the 
producer of the waste deceived him as to the true 
character of the consignment of waste which caused such 
damage or impairment; in such an eventuality, liability 
shall rest with the producer. 
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. 2. The liability of any person may be wholly or 
partially waived if he can prove that the damage or 
impairment of the environment has been caused in whole 
or in part by the injured party or by any employee or 
agent of the said party. 
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 8 
The liability of any person arising from this Directive 
may not be limited or excluded by any contractual 
provision limiting his liability or exempting him from 
liability. 
23. 7. 91 Official Journal of the European Communities No C 192/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 9 
1. Member States shall provide in their legislation that 
taking 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) (a) became aware or should have become aware of 
the damage or injury to the environment and of the 
identity of the producer. Article 9 
1. Member States shall provide in their legislation that 
any legal proceedings under this Directive shall be barred 
upon expiry of a period of three years from the date on 
which the person taking legal action under Article 4 (1) 
became aware or should have become aware of the 
damage or impairment of the environment. 
2. This Directive shall not affect Member States' 
provisions on the suspension or interruption of the limi­
tation period. 2. This Directive shall not affect Member States' 
provisions on the suspension or interruption of the limi­
tation period. 
Article 10 
The right to take legal action under this Directive shall 
be extinguished upon the expiry of a period of 30 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 10 
The right to take legal action under this Directive shall 
be extinguished upon the expiry of a period of 30 years 
from the date on which the incident giving rise to the 
damage to or impairment of the environment occurred, 
unless in the meantime proceedings against the party 
liable for the damage or impairment of the environment 
have been instituted. 
Article 11 
The Council acting on a proposal from the Commission, 
shall 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 iden­
tified, Article 11 
1. The liability under this Directive of the producer, 
who in the course of a commercial or industrial activity 
produces waste, and of the eliminator shall be covered 
by insurance or any other financial security. 
2. The Council, acting on a proposal from the 
Commission shall determine by 31 December 1992 
common rules governing the situation arising: 
the person liable is incapable of providing full 
compensation for the damage and/or injury caused. (i) where the person liable is incapable of providing full 
compensation for the damage and/or impairment of 
the environment caused; or 
(ii) the person liable under this Directive cannot be iden­
tified. 
In this regard the Commission shall study the feasibility 
of the establishment of a European fund for compen­
sation for damage and impairment of the environment 
caused by waste. 
No C 192/16 Official Journal of the European Communities 23. 7. 91 
ORIGINAL PROPOSAL 
Article 12 
This Directive shall not affect: 
(a) any rights which may be relied upon by the plaintiff 
under this Directive or under international 
conventions on civil liability 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 its provisions are implemented. 
Article 14 
1. Member States shall bring into force, not later than 
1 January 1991, the laws, regulations and administrative 
provisions necessary to comply with this Directive. They 
shall forthwith inform the Commission 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 States. AMENDED PROPOSAL 
Article 12 
This Directive shall not affect 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 impairment 
of the environment arising from an incident which 
occurred before the date on which its provisions are 
implemented. 
Article 14 
1. Member States shall bring into force, not later than 
1 January 1991, the laws, regulations and administrative 
provisions necessary to comply with this Directive. They 
shall forthwith inform the Commission 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 States.