§8 CONCLUSIONS

225. These Guidelines draw attention to the range of adverse effects encompassed in the definition of environmental damage. This range, combined with the range of occupational activities and damage factors that may be linked to adverse effects, imply that competent authorities will often need to have access to specialist knowledge, including expert judgment, in order to assess the significance of adverse effects. To the extent that relevant specialist knowledge is distributed across different administrative authorities and knowledge centres (as is often the case), effective inter-agency co-operation is important. 226. Furthermore, the Guidelines underscore the extent of the legal, technical and scientific considerations that may come into play when competent authorities are assessing the significance of adverse effects or otherwise ensuring fulfilment of duties to prevent adverse effects, immediately manage damage factors or take remedial measures. Means whereby competent authorities and stakeholders can address the associated challenges include appropriate professional training and sharing of best practices. To assist Member States, the Commission has made training materials available and it will keep these under review (https://ec.europa.eu/environment/legal/liability/eld_training.htmhttps://ec.europa.eu/environment/legal/liability/eld_training.htmhttps://curia.europa.eu/jcms/jcms/j_6/en/). To the same end, the Commission has supported work by the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) on practical aspects of the Directive’s implementation (https://www.impel.eu/projects/financial-provision-what-works-when/). (a) to reach the maximum acceptable limits established by national or local legislation or relevant authorities or (b) to reach specific risk-based limits set for the site on the basis of the assessment. In order to support justified risk-based decision-making and sustainable risk management, a site-specific assessment that relies on a well-defined CSM (i.e., source-pathway-receptor linkage) and takes into account local site conditions and background values could be regarded as a primary tool for determining the need for risk management actions. (a) Identification and characterization of the scope (e.g., extent of contamination, proximity to human populations, depth to groundwater, proximity to surface water or sensitive habitats): The risk assessment may target the effects on human health, terrestrial animals and aquatic biota of contaminants. Human health will often be the priority. The scope of a risk assessment is determined by site-specific needs. (b) Analysis of the hazard level and toxicity: The hazards of some contaminants are well recognized, with extensive scientific information available on their effects. (c) Analysis of exposure: The goal is to estimate the rate of contact between the identified contaminants and humans or the environment. The analysis is based on a description of actual and possible exposure scenarios, as well as characterization of the nature and extent of the contamination. This may involve exposure measurements such as testing of water supplies, locally grown food, seafood, and human scalp hair and urine. Measurements of contaminant levels in sediments and fish and other biota can identify potential ecologic effects. (d) Analysis of risks: The results of the previous stages are combined to objectively estimate the probability of adverse effects on the protected elements under the specific conditions of the site.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07