The Environmental Risk Assessment and the Law on Environmental Liability

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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 has been transposed in the Spanish legal order by means of Law 26/2007 of 23 October on Environmental Liability. The purpose of Law 26/2007 is to establish a
framework of environmental liability based on the 'polluter-pays and remediates' principle, to prevent and remedy environmental damage. A poor identification and management of environmental risk associated to an industrial activity as well as not introducing the necessary preventive measures to mitigate such damage, may lead to bad consequences
for the environment and a big financial impact for the company which will have to repair the damage caused.

The liability to the return damaged natural resources to “baseline condition” is one of the most complex issues deriving from this Law. In the case of potential contamination of soils and groundwater, it is recommended to have a first soil condition report available in order to better define the responsibilities to remedy given a future event of such characteristics.

By Nacho Beneyto

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