Regional Workshop Environmental Crime/Environmental ... - RENA
Regional Workshop Environmental Crime/Environmental ... - RENA
Regional Workshop Environmental Crime/Environmental ... - RENA
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How to remedy environmental damage?<br />
� For damage affecting land, the land concerned must be<br />
decontaminated until there is no longer any serious risk for<br />
human health<br />
� For damage affecting water or protected species and natural<br />
habits the aim of the Directive is to restore the environment<br />
to how it was before the damage<br />
ANNEX II specifies methods for remedying environmental<br />
damage (transposed in Croatia in Annex II of the Government<br />
Regulation)<br />
� Primiary remediation: Restauration towards baseline condition<br />
� Complementary remediation: Provision of similar natural<br />
ressources at some other location in case primary remediation is not<br />
possible<br />
� Compensatory remediation: Compensation of interim losses<br />
Who should pay for the remediation costs?<br />
� The authority may recover the costs it has born from<br />
the operator, but there are several exemptions.<br />
� Most important exemption is the so called permit defence:<br />
The Directive leaves it open to Member States whether they<br />
want to introduce it.<br />
� Permit defence means that the operator has not to pay the<br />
costs if he had respected all permit conditions and did neither<br />
act with intent nor carlessness<br />
�Not applicable when the company has not yet a permit (e.g.<br />
IPPC permit not issued yet).<br />
Austria has decided not to introduce the permit defence (with<br />
some exceptions)<br />
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Must operators take an insurance?<br />
�The Directive does not oblige operators to take out a<br />
financial security, such as an insurance<br />
� e.g. Croatian EPA requires the operator to “secure<br />
funds” for compensation, by taking an insurance or by<br />
other means, but does not specify details.<br />
� Directive: Member states should encourage the<br />
development of financial security instruments<br />
� EU Commission states in COM (2010)581 that the European<br />
Insurance Market has significantly developped since the entry<br />
into force of the Directive.<br />
�The Commission considers introduction of obligatory<br />
insurance at a later stage<br />
<strong>RENA</strong> Activity 1.2 RISP 1st <strong>Regional</strong> <strong>Workshop</strong>, 30-31 May 2011, Zagreb, Croatia<br />
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