Key Benefits:
Completion on certain criteria for assessing whether there is environmental damage and claims for the remediation of certain environmental damage 1)
In accordance with section 14 (4), 3, and section 18 of Law No 466 of 17. June 2008 on the investigation, prevention and remedying of environmental damage (environmental protection laws) shall be determined as follows :
§ 1. Negative impacts on the achievement or maintenance of the auspicious conservation status of protected species or international natural protection areas, cf. Section 7 (2) of the law. 1 must be evaluated in relation to the state of the previous condition, cf. Section 16 and Annex 1.
§ 2. Environmental damage to the aquatic environment or on protected species and international natural protection areas must be remedied, cf. Section 14 (2) of the law. 1 in accordance with Annex 2.
Paragraph 2. By the injunction of the Act of Article 23, paragraph 1. Paragraph 1 shall apply to paragraph 1 concerning the remedying of environmental damage to the aquatic environment or on protected species and international natural areas. 1 use.
§ 3. The announcement shall enter into force on 1. July 2008.
Appendix 1
1. Gunrise conservation status
The extent of injury resulting from a negative impact on the achievement or maintenance of a favourable conservation status of protected species or international natural protection areas shall be assessed in relation to the conservation status at the time when : the injury occurs, their recreational value and their capacity for natural regeneration.
2. Hidden state
The determination of significant adverse effects on the state of the previous condition shall include, inter alia, measurable data :
-WHAT? the number of individuals, the density or the area covered ;
-WHAT? the role of each individual or the damaged area in relation to the conservation, species or nature of nature of the species (estimated locally, regionally and at higher levels, including at Community level),
-WHAT? the reproductive capacity of the species (based on the species or dynamism of the species concerned), its viability or nature's capacity for natural regeneration (based on the development of the species characteristic of the natural habitat species or the stock ; these species)
-WHAT? the ability of the species or nature to be carried out within a short period of time after damage to recovery of a condition that is deemed to correspond to or be better than the previous state, only by force of the very own dynamism of the species or the natural type and without any intervention other than it ; increased protective measures.
3. Signifia negative impact
An injury, if the impact of human health is documented, is significant.
The following damage is not necessarily referred to as significant damage :
-WHAT? negative fluctuations smaller than the natural fluctuations which are considered to be normal for the species or type of natural habitat ;
-WHAT? negative fluctuations due to natural causes or interference in the usual management of areas, as defined in protocols or target documents for the natural habitat in question, or have hitherto been carried out by owners or operators,
-WHAT? damage to protected species or international nature protection areas for which it has been demonstrated that the rapid and unintervenable intervention shall be restored either to the state or the condition of the species only by the species or nature of nature, dynamism is estimated to correspond to or be better than the state of the past.
Appendix 2
Correction of environmental damage to the aquatic environment or protected species and international nature protection areas.
This Annex contains the common rules to be followed in order to choose the most appropriate measures to ensure the remedying of environmental damage.
1. Remediation of environmental damage related to the aquatic environment or protected species and international natural protection areas shall be carried out by means of the environment being returned to its former state by means of primary, supplementary or compensatory payments ; the remediation defined as follows :
a) Primary Remediation : A measure that leads the damaged natural resources and facilitation exploiters back to or against their previous state,
b) Supplementary remediation : A measure taken in relation to natural resources and their utilisation to compensate for the fact that the primary remedy does not lead to the complete recovery of the damaged natural resources ; or utilization options ;
c) Compensating remediation : a measure taken to compensate for temporary loss of natural resources and services which are to be replaced by the date of injury and until the time of the full impact of the primary ; Remediation will be achieved,
d) Temporary losses : loss caused by the fact that the damaged natural resources and services cannot carry out their ecological functions or be used by other natural resources or by the public, before the primary or complementary nature of the operation ; measures have begun to work. This is not made in financial compensation to the citizens.
1.1. Remediation targets
Purpose of primary remediation
1.1.1. The purpose of primary remediation is to restore damaged natural resources and utilisation or to restore them to or to the state of the past.
Purpose of supplemental remediation
1.1.2. If the damaged natural resources and services are not brought back to their previous state, additional remediation will be implemented. The purpose of supplemental remediation is to provide a corresponding level of natural resources or services, including where appropriate, at a different location, which would have been available if the damaged site was have been taken back to its previous state. Where possible and appropriate, the other location should be geographically linked to the damaged site, taking into account the interests of the people concerned.
The purpose of compensatory remediation
1.1.3. Compensating remediation shall be implemented in order to compensate for temporary loss of natural resources and utilisation options until recovery is carried out. This compensation shall consist of further improvements for protected species, international nature protection areas or the aquatic environment, either at the damaged site or at a different location. This is not made in financial compensation to the citizens.
1.2. Determination of remedial measures
Identification of primary remedial measures
1.2.1. Possible measures which directly lead to natural resources and their utilisation of services to their previous condition within a shorter timeframe or through natural recovery must be considered.
Determination of the level of supplementary and compensatory remedial measures.
1.2.2. In determining the level of additional and compensatory remedial measures, the use of equivalence methods of equivalence in which natural resource is compared with natural resource and utilisation with utilization is considered ; First. In accordance with these methods, measures which result in natural resources and services of the same kind, quality and quantity as the damaged, must be considered first. If this is not possible, alternative natural resources and utilisation must be provided. For example, a quality reduction can be offset by an increase in the quantity of remedial measures.
1.2.3. It is not possible to use an equivalence assessment method in which natural resources are compared with the natural resource and the utilization option, alternative methods of assessment shall be used. The competent authority may prescribe the method, such as economic value, in order to establish the extent of the necessary additional and compensatory remedial measures. If it is possible to value the lost resources and utilization capabilities, but it is not possible to value the replaced natural resources and utilization within a reasonable time limit or within reasonable cost, it may be valued The competent authority shall select remedial measures, the costs of which correspond to the estimated value of the lost natural resources and utilisation.
The additional and compensatory remedial measures shall be designed in such a way as to result in additional natural resources and utilisation options that reflect the time preferences and the time profile of the remedial measures. The longer there is, for example, before the state of the world has reached, the more substantial compensatory remedies must be put in place (all the other equal).
1.3. Election of remedial measures
1.3.1. The appropriate remedial measures should be assessed using the best available technologies based on the following criteria :
-WHAT? the impact of each measure on public health and safety ;
-WHAT? the costs of implementing the measure ;
-WHAT? the probability of each measure meeting the target ;
-WHAT? the extent to which each measure will prevent future damage and to avoid further injury resulting from the implementation of the measure in question ;
-WHAT? the extent to which each individual measure benefits each component of the relevant natural resource and utilization ;
-WHAT? the extent to which each measure takes account of relevant social, economic and cultural factors and other relevant factors specific to the location,
-WHAT? the amount of time it will take before the recovery of environmental damage will be effective ;
-WHAT? the extent to which each measure will result in the recovery of the location where environmental damage has occurred ;
-WHAT? the geographical attachment to the location where the damage has been made.
1.3.2. When the various options for remedial remedial measures are assessed, primary remedial measures may be selected which do not fully reverse the damaged water resource or the protected species or nature type to its existing hitherto ; condition or re-creator it slower. Such a decision can only be taken if compensation for the loss of natural resources and utilisation at the primary location resulting from the decision will be increased by additional or compensatory measures to be provided for by the provision of such measures ; levels of natural resources and services are equivalent to that lost. This will be the case, for example, when the corresponding natural resources and services can be provided at a different level with lower costs. Such additional remedial measures shall be determined in accordance with the rules laid down in 1.2.2.
1.3.3. Notwithstanding the rules set out in section 1.3.2 and in accordance with section 23, the competent authority shall have the right to decide that no further remedial measures shall be taken if :
a) Whereas the remedial measures already taken ensure that there is no longer any significant risk of affecting human health, the aquatic environment or protected species and international nature conservation areas ; and
b) the costs of the remedial measures to be taken to return to the original state or equivalent level shall not be in proportion to the environmental gains achieved.
1) The commotion contains provisions that implement parts of Directive 2004 /35/EC of the European Parliament and of the Council of 21. April 2004 on environmental liability in the field of prevention and mitigation of environmental damage (Community Official Journal 2004) In 143, page 56, as amended by Directive 2006 /21/EC of the European Parliament and of the Council of 15. This March 2006 on the management of waste from the mining industry and amending Directive 2004 /35/EC (EU Official Journal of the European Official Journal (EU Official Journal). L 102, page 15).
