Edition 2020 Ninth edition
Article 3(1) of the Directive distinguishes two situations where the environmental liability regime applies. 5.4.3
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a6048c931cdc93 TEGOVA EVS 2020 digital
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- Pollution 5.5.1.
5.4.2.
Article 3(1) of the Directive distinguishes two situations where the environmental liability regime applies. 5.4.3. First, a person may be held liable for environmental damage caused by any of the activities listed in Annex III of the Directive and for any imminent threat of such damage (Article 3(1)(a) of the Directive) . These activities include, amongst others, waste management activities, the discharge of pollutants into the air, inland surface water and groundwater, any deliberate release into the environment of genetically modified organisms, water abstraction and impoundment of water and several activities with respect to dangerous substances or goods. 362 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 5.4.4. Second, the liability regime applies to damage to protected species and natural habitats, or its imminent threat, caused by any activities outside Annex III, provid- ed the operator is negligent or at fault (Article 3(1)(b) of the Directive) . 5.4.5. The Directive provides a broad definition of "environmental damage". Apart from "damage to protected species and natural habitats" and "water damage", it also in- cludes "land damage" which is defined as "any land contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction, in, on or under land, of substances, preparations, organisms or micro-organisms" (Article 2(1)(c) of the Directive) . 5.4.6. Waste — The Waste Framework Directive 2008/98/EC establishes a legal frame- work to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste. In particular, the Directive lays down a set of detailed measures for the recovery and dispos- al of waste without endangering human health and without using processes or methods which would harm the environment. 5.4.7. In this context, Member States must ensure that any waste producer or other holder carries out the treatment of waste himself or has the treatment handled by a waste collector who carries out waste treatment operations in compliance with the Directive (Article 15 of the Directive) . The costs of waste management must be borne by the waste producer or by the current or previous waste holders (Article 14 of the Directive) . 5.4.8. This framework does not apply to land (in situ) including unexcavated contaminat- ed soil and buildings permanently connected with land (Article 2(1)(b) of the Directive) and to uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated (Article 2(1)(c) of the Directive) . Legislation Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage Directive 2008/98/EC of the European Parliament and of the Council of 19 Novem- ber 2008 on waste and repealing certain Directives European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 363 5.5. Pollution 5.5.1. Air quality and protection — As part of its Clean Air Policy, the EU has adopted several Directives protecting air quality, especially by preventing and limiting air pollution from various classes of industrial and other plants. 5.5.2. In particular, these Directives set maximum or target values for the emission of certain pollutant substances and require that the Member States carry out con- trols on the air pollution Download 1.74 Mb. Do'stlaringiz bilan baham: |
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