A new approach for environmental damage assessment pursuant to the European Union Environmental Liability Directive

Abstract

The European Union and Member States national laws require competent authorities to promptly and effectively address environmental incidents, noncompliances, and criminal offenses, necessitating thorough planning of investigation and assessment activities. To enhance environmental damage assessments in line with the European Environmental Liability Directive (ELD, 2004/35/EC), the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL Network) has introduced the Criteria for the Assessment of the Environmental Damage (CAED) framework. This framework, outlined in a Practical Guide, offers a methodological approach to environmental damage assessment (EDA) focusing on three key objectives: case screening, identification of “clues” of damage, and determination of “evidence” of damage. Given the critical importance of structured data collection and evaluation, the CAED project has adopted a Driver, Pressure, State, Impact, and Response (DPSIR) model adapted to environmental damage and developed the Practical Tables. These tables serve as a comprehensive tool for systematically identifying investigative priorities and collecting standardized data and information using a predefined list of qualitative or quantitative indicators. This article provides an overview of the Practical Guide and Practical Tables, collectively referred to as the CAED Toolkit, aiming to establish a common framework for environmental damage assessments among various competent authorities and stakeholders across Europe. Integr Environ Assess Manag 2024;20:2050–2059. © 2024 SETAC