A coalition of European organisations protecting consumers, health and environment across Europe have sent an urgent letter to MEPs to entreaty them to introduce vital protection for pollution victims in the Industrial Emissions Directive (IED).
The IED governs over 50,000 installations like steelworks, chemicals and plastics factories, industrial farms and coal plants, all over Europe.
ClientEarth lawyer Bellinda Bartolucci said: “Illegal pollution is on the doorsteps of households across Europe and it’s making people sick. There are elevated rates of cancer around illegally polluting plants, widespread respiratory issues, metal traces found in sick children’s brains – and currently, the people and families affected are still the ones that have to pay the price. It is now up to MEPs to put people’s health first.
“An effective compensation right is a no-brainer – in any other context, a party acting unlawfully should pay for damages caused. The original draft of the EU’s updated industrial emissions law contained a breakthrough clause on evidence that would have allowed people to go to court with a genuine chance of achieving justice. What’s on the table now is already the bare minimum. Without an effective evidence rule, the compensation right is an empty shell and can’t deliver. That’s why MEPs must vote now to preserve the minimum compromise that was found in the ENVI committee.”
Misinformation has been spread widely during the IED overhaul process, eliciting unfounded fear about the consequences for industry of a comprehensive compensation right, and where the onus falls in terms of providing evidence.
Bartolucci said: “The current text explicitly excludes a ‘reversal of burden of proof’, contrary to what industry claims. Stronger procedural rules are nothing new in competition, data or other EU law – and practice has proven that none of them lead to excessive claims. Why should health be protected less?”
EEB Head of Zero Pollution Industry Christian Schaible said: “Members of Parliament should not fall into the trap of being led by fear. The compensation right is limited to human health impacts, caused by illegal pollution only, based on facts that must still be provided by the victim. Law-abiding businesses have nothing to fear. The sanctions available are also capped – based on previous campaigning.
“Citizens will not forgive and forget the politicians who voted against their interests – something MEPs need to remember with elections coming up.”
The IED regulates pollution from industrial facilities which ends up in air, water and soil. The data, particularly on air pollution, is rich in terms of the damage caused each year to EU citizens and, as a result, economies, by this pollution.