Directive 2004/35/CE of the European Parliament and of  the Council of 21 April 2004 on Environmental Liability with  regard to the Prevention and Remedying of Environmental Damage 9 December 2009 No.09-011 Background The Directive on Environmental Liability with regard to the prevention and remedying of environmental damage (the ELD) entered into force on 30 April 2004. The ELD requires EU Member States to implement and give force of law to the Directive by 30 April 2007. However, a number of Member States have only recently implemented the Directive and some Member States are yet to bring the necessary legislation into force to comply with it. As of 1 July 2009 the following Member States have communicated full transposition of the Directive to the European Commission: Italy, Lithuania, Latvia, Hungary, Germany, Slovakia, Romania, Sweden, Spain, Estonia, Cyprus, Malta, Bulgaria, the Netherlands, Poland, Czech Republic, Portugal, Denmark, Belgium, Ireland, France and Luxembourg. The UK has notified transposition for England and Wales, but the legislation is still awaiting adoption in Scotland and Northern Ireland. The intention of this circular is to summarise the key provisions of the ELD, although it should be noted that, as with all Directives, Member States have a degree of flexibility with regard to how the objectives set out in the Directive are met in their domestic law. The ELD does not prevent Member States from enacting more stringent measures in relation to the prevention of and remedying of environmental damage than are contained in the Directive. The fundamental principle of the Directive is that the operator (which includes shipowners) whose activity has caused environmental damage or the imminent threat of such damage is to be held financially liable. The purpose of this Directive is therefore to induce operators to adopt measures and develop practices to minimise the risks of environmental damage so that their exposure to financial liabili