Regional Workshop Environmental Crime/Environmental ... - RENA

The Directive and its transposition into
national legislation
� Directive 2004/35/EC of 21 April 2004, amended by
Directive 2006/21/EG on the management of waste from
extractive industries and by Directive 2009/31/EC on the
geological storage of carbon dioxide
� To be transposed by Member States till 30 April 2007,
some member states have transposed with serious delay,
see details in European Commission report from October
2010, KOM(2010) 581
� Austria has transposed the Directive in one new federal
law and all provincial laws.
� Very few cases in practice so far.
What is environmental damange under the
terms of the Directive?
Under the terms of the Directive, environmental damage is
defined as:
� direct or indirect damage to the aquatic environment
covered by Community water management legislation;
� direct or indirect damage to species and natural
habitats protected at Community level by the 1979 Birds
Directive or by the 1992 Habitats Directive;
� direct or indirect contamination of the land which
creates a significant risk to human health.
Limited scope of the Directive I
� The Directive
- does not apply to activities of indivuals (e.g. Private owners
of houses)
- but only to occupational activities, where it is possible
to establish a causal link between the damage and the activity
in question.
� Furthermore the Directive distinguishes between two types
of occupational activities :
- occupational activities specifically mentioned in
Annex III of the Directive and
- other occupational activities
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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