Regional Workshop Environmental Crime/Environmental ... - RENA

Limited scope of the Directive II
�Activities listed in Annex III to the Directive: These are
mainly agricultural or industrial activities including waste
management activities (including landfills and incinerators).
� In this case, the operator may be held responsible for
damage to water and soil even if he is not at fault.
� The second liability scheme applies to all occupational
activities, including other than those listed in Annex III to
the Directive, but only where there is damage, or imminent
threat of damage, to species or natural habitats protected
by Community legislation.
� In this case, the operator will be held liable only if he
is at fault or negligent
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Procedure regarding prevention of damage
�Not any threat is relevant, but eminent threat of
environmental damage
� Competent authority requires operator to take necessary
preventive measures or...
� .... will take such measures itself and recover costs occurred
from the operator later.
Procedure regarding remedying environmental
damage
� Not any damage is relevant but only significant
environmental damage
� Competent authority requires operator to take necessary
restorative measures or....
... will take such measures itself and recover costs occurred
from the operator later
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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