Europe seeks unified policy on waste liability

Waste liability in the European Union is still governed largely by the differing laws of individual member states. Recognizing the need for a Union-wide regime to prevent environmental damage and restore damage caused by waste, the European Commission is making an effort to fashion such a scheme. The European Commission in 1991 proposed the Council Directive on Civil Liability for Damage Caused by Waste ( Waste Directive''). Under the Waste Directive, those who produced, import, dispose or control waste are potentially liable for damages. Liability is strict, joint and several; however, a waste producer can shift liability to the disposal company if the producer legally has transferred its waste to a licensed disposal facility. Those in control of waste also can escape liability if they can identify the true producer.