The EC is considering a proposal to adopt a policy of strict liability for damage to the environment. Such a policy would open the way for the costs of environmental damage being passed back to the party that causes the impact regardless of fault. Peter Simmons discusses the influence that the EC proposals could have on European industry, notably in relation to the spread of risk management techniques and the adoption of the precautionary p xinciple.
a new interplay between the main groups of actors and the principal economic sectors through the use of an extended and integrated range of instruments. Policy decisions made under the Programme are to be guided by a precautionary approach and by the concept of shared responsibility, in an endeavour to strike a new balance between short-term benefits to the various actors and longer-term benefits to society as a whole. Among the instruments to be deployed is civil liability. 'Liability will be an essential tool of last resort to punish despoilation of the environment. In additionand in line with the objective of prevention at sourceit will provide n very cleizr econonric incentive for rnrznrigeiiient and control ofrisk, polllition nnd waste.'