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National differences in setting the severity threshold for application of the environmental liability directive

Ympäristöjuridiikka 1/2010 s. 4–20
15.4.2010
Asiantuntija-artikkeli

The article examines the threshold for response contained in the Environmental Liability Directive (ELD), which is still in the final stages of transposition by EC Member States. The ELD requires operators to take preventive action in case of an immediate threat of environmental damage, which is defined as having a ‘significant adverse effect’ on natural resources of Community interest, and to remedy damage once it has occurred. The incentive for the study comes from inconsistencies in the Member States’ predictions regarding the number of annually arising incidents to which ELD’s regime will be applied. The study will review estimates made by Denmark and Finland to examine these differences.

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