Figure 10 – Temporal scope for the applicability of ELD.
The temporal scope of the ELD is set out in Article 7 of the ELD. There are 3 situations in which the ELD does not apply to cases of damage. These are (see fig. 10):
- Damage caused by an emission, event or incident that took place before 30 April 2007;
- Damage caused by an emission, event or incident which takes place subsequent to 30 April 2007 when it derives from a specific activity that took place and finished before 30 April 2007;
- Damage, if more than 30 years have passed since the emission, event, or incident, resulting in the damage, occurred.
Note: the domestic legislation in individual Member States may contain additional and different criteria on applicability over time. Hence, it is important to refer to domestic legislation, in addition to the ELD itself.