Notice On Certain Criteria For Assessing Whether There Has Been Environmental Damage And Remediation Requirements Of Certain Environmental Damage

Original Language Title: Bekendtgørelse om visse kriterier for vurdering af, om der foreligger en miljøskade og om krav til afhjælpning af visse miljøskader

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117321

Overview (table of contents) Annex 1

Annex 2 The full text of the order on certain criteria for assessing whether there has been environmental damage and remediation requirements of certain environmental damage 1)

Pursuant to section 14, paragraph 3, and article 18 of law No. 466 of 17. June 2008 on the study, prevention and remedying of environmental damage (environmental damage Act) shall be determined:

§ 1. Negative impacts of achieving or maintaining the favourable conservation status of protected species or international nature conservation areas, see. section 7, paragraph 1, must be assessed in relation to the baseline condition, see. § 16 and annex 1.

§ 2. Environmental damage to water or protected species and international nature protection areas must be rectified, without prejudice. Article 14, paragraph 1, in accordance with Annex 2.

(2). By injunction after section 23, paragraph 1, on remediation of environmental damage to water or protected species and on international wilderness areas, paragraph 1 shall apply.

§ 3. The notice shall enter into force on the 1. July 2008.
The Ministry of the environment, the 26. June 2008 Troels Lund Poulsen/Ole Christiansen Annex 1

1. the favourable conservation status

The extent of an injury, resulting in a negative impact on the achievement or maintenance of a favourable conservation status of protected species or international nature protection areas, must be assessed in relation to the conservation status at the time when the damage occurs, their recreational value and their capacity for natural regeneration.

2. Baseline condition

In determining significant adverse impacts in relation to the baseline condition should, among other things. enter into measurable data:




– the number of individuals, their density or the area covered

– each of the individuals or the damaged area role in relation to the species ' or habitat conservation, the rarity of the species or Habitat (assessed at local, regional and higher level including at Community level)

– the species ' reproductive capacity (based on that species or stock own dynamics), its viability or the Habitat's capacity for natural regeneration (based on the evolution of the species, which are characteristic of the natural type, or stocks of these species)

– the species ' or Habitat's capacity to in a short period of time after an injury to restore a condition that is estimated to be equal to or superior to the baseline condition, solely by virtue of the species ' or Habitat's own dynamics and without other intervention other than increased protection measures.



3. Significant negative effect

An injury, if effects on human health are documented, is significant.

The following damage shall not necessarily be classified as significant damage:




– negative variations that are smaller than natural fluctuations regarded as normal for the species or Habitat

– negative variations due to natural causes or intervention in the context of the usual management of land, and which are set out in protocols or target documents for that type of Habitat, or which so far have been carried out by owners or operators

– damage to protected species or international nature protection areas for which it is established that they will recover quickly and without intervention, either to the baseline condition or to a condition solely by virtue of the species ' or Habitat's own dynamic is estimated to be equal to or superior to the baseline condition.

Annex 2

Remedying of environmental damage to water or protected species and international nature protection areas.

This annex contains the common rules that must be followed in order to choose the most appropriate measures to ensure the remedying of environmental damage.




1. remediation of environmental damage in relation to water or protected species and international nature conservation areas is done by the environment to its baseline condition by means of primary, complementary or compensatory remediation, which is defined as follows:

(a)) primary remediation: A measure that leads the damaged natural resources and deteriorating services to, or towards, baseline condition,

b) complementary remediation: A measure taken in relation to natural resources and their services to compensate for the fact that primary remediation does not result in fully restoring the damaged natural resources or services,

c) compensatory remediation: A measure taken to compensate for interim losses of natural resources and services that occur from the date of occurrence and until the time when the full impact of the primary remedy is achieved,

d) interim losses: Losses, due to the fact that the damaged natural resources and services cannot perform their ecological functions or be exploited by other natural resources or to the public until the primary or complementary measures have begun to work. It does not consist of financial compensation to citizens.




Where primary remediation does not result in that environment to its baseline condition, complementary remediation will be undertaken. Furthermore implemented that compensatory remediation in order to compensate for the interim losses.






Remedying of environmental damage, in terms of damage to water or protected species or areas of international protection also involves considerable risk to human health is affected negatively, be removed.





1.1. Objectives of remediation

The purpose of primary remediation

1.1.1. The purpose of primary remediation is to restore the damaged natural resources and services or to transfer them back to, or towards, baseline condition.

The purpose of complementary remediation

1.1.2. If the damaged natural resources and services not transferred back to their baseline condition, complementary remediation will be undertaken. The purpose of complementary remediation is to provide a similar level of natural resources or services, including where appropriate at a different location, as that would have been available if the damaged site had been brought back to its baseline condition. Where possible and appropriate, should the other site be geographically linked to the damaged site, taking into account the interests of the population concerned.

The purpose of compensatory remediation

1.1.3. Compensatory remediation shall be undertaken to compensate for the interim loss of natural resources and services pending recovery. This compensation consists of additional improvements to protected species, international nature protection land or aquatic environment either on the damaged site or on another site. It does not consist of financial compensation to citizens.

1.2. Determination of remedial measures

Identification of primary remedial measures

1.2.1. Possible measures that directly leads the natural resources and services towards baseline condition back within a shorter time frame, or through natural recovery should be considered.

Determining the scale of complementary and compensatory remedial measures.

1.2.2. When determining the scale of complementary and compensatory remedial measures, the use of equivalence assessment methods, where natural resource compared with natural resource and utilization option with service, considered first. Pursuant to these methods need to be measures that result in natural resources and services of the same type, quality and quantity as those damaged, be considered first. If this is not possible, must be provided alternative natural resources and services. URF.eks. a quality reduction can be compensated for by an increase in the quantity of the remedial measures.

1.2.3. If it is not possible to use an equivalence assessment methodology, where natural resource compared with natural resource and utilization option with the usage option, then alternative valuation techniques shall be used. The competent authority may prescribe the method, URf.eks. economic valuation, to determine the extent of the necessary complementary and compensatory remedial measures. If it is possible to valuing the lost resources and services, but it is not possible to put the replacement value of the natural resources and services within a reasonable time or within reasonable cost, the competent authority may choose remedial measures whose cost is equivalent to the estimated value of the lost natural resources and services.

The complementary and compensatory remedial measures should be designed in such a way that they result in additional natural resources and services that reflect time preferences and the remedial measures time profile. The longer the time that URf.eks. yesterday, before the baseline condition is reached, the more extensive compensatory remedial measures should be undertaken (other things being equal).

1.3. Selection of remedial measures

1.3.1. The reasonable remedial measures should be evaluated, using best available technologies, based on the following criteria:





– the impact of each option on public health and safety

– the cost of implementing the measure

– the likelihood that each option meets the goal

– the extent to which each option will prevent future damage, and avoid further damage as a result of the implementation of the measure concerned

– the extent to which each option benefits to each component of the natural resource and service

– the extent to which each option takes account of relevant social, economic and cultural conditions and other relevant factors specific to the site

– How long it will take before the restoration of environmental damage will be effective

– the extent to which each option involves regeneration of the location where environmental damage has occurred

– the geographical mapping to the location where the damage occurred.



1.3.2. When evaluating the different identified opportunities for corrective action shall be assessed, you can select primary remedial measures that do not fully restore the damaged water or protected species or natural resource type to its baseline condition, or that restore it more slowly. Such a decision can be taken only if there are compensated for the loss of natural resources and services on the primary site that the decision entails, by increasing complementary or compensatory measures to provide a similar level of natural resources and services correspond to the lost. This will be the case, URf.eks. When the equivalent natural resources and services can be provided elsewhere at a lower cost. These additional remedial measures shall be determined in accordance with the rules set out in section 1.2.2.

1.3.3. Notwithstanding the rules set out in point 1.3.2. and in accordance with section 23, the competent authority is entitled to decide that no further remedial measures are taken, if:




a) the remedial measures already taken, ensuring that there are no longer any significant risk of affecting human health, water or protected species and international nature protection areas negatively, and

(b)) the cost of the remedial measures to be taken to reach back to the original state or equivalent level, did not stand in relation to the environmental gains to be achieved.

Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (Official Journal 2004 nr. L 143, p. 56), as amended by European Parliament and Council Directive 2006/21/EC of 15. March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (Official Journal of the European Union 2006 nr. L 102, page 15).