doc__table__95

| 81. | If there is a determination of significance for purposes of preventive measures and immediate management of damage factors, the question arises as to what preventive measures and damage factor management will be necessary and appropriate. The measures and management should be aimed at stopping or breaking any chain of causation arising from the damage factors which could result in – or has already resulted in – the natural resource experiencing adverse effects of the kind mentioned in paragraphs 82 and 83 below. The Folk case shows that an existing authorisation in respect of the damage factors will not necessarily exempt the operator from the need to intervene. To the extent that the Directive allows reliance to be placed on an existing authorisation, relevant conditions must be fulfilled. Furthermore, a lack of fulfilment of relevant authorisation or other regulatory requirements is, of itself, likely to be a strong indication of the need to apply preventive measures and measures to manage damage factors under the Environmental Liability Directive. This is because it is likely to demonstrate that relevant damage factors have not been placed under the degree of control that fulfilment of regulatory requirements would ensure and are therefore more susceptible to cause adverse effects that come within the scope of the Directive.

← doc__table__94 · All articles · doc__table__96 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.