The check-list to screen ELD cases is divided in two phases called STEP 1 and STEP 2.
STEP 1 is the first and easier and basic step of the evaluation of cases, while STEP 2 is more advanced.
STEP 1 can be done by non-experts in ELD. It is the screening phase useful to identify cases to further submit to STEP 2.
STEP 1 useful to identify cases to notify to competent authority on Environmental Liability Directive (ELD) enforcement in order to assess environmental damage (or imminent threat of damage) under ELD regime. Anyhow, even if STEP 2 is addressed to ELD experts, it may be conducted by non-experts in ELD, thus the possible ELD case my be forwarded to competent authority on ELD subsequently.
The screening table STEP 1 aims to help the user non-expert in ELD to identify cases that should be handled under ELD regime, namely, when it is appropriate to submit the case to ELD competent authority. As a consequence, when the case is not identified as possible ELD case in STEP 1, it does not mean that it cannot be an ELD cases, because STEP 1 aims only to help identifying possible ELD cases and not the contrary, namely, to identify possible non-ELD cases. Thus, if the answer to the question is NO, it does not mean that you can be confident that the case is not an ELD case.
Note: The cases listed in the drop-down list of screening STEP 1 are some examples. The list is liable to be integrated or amended by the user, according to his needs.
Principle of STEP 1 is based on the fact that adverse effects to the environment should be seen/detected. In case adverse effect are not seen/detected, the damaging occurrence should be severe in order to proceed with STEP 2. This means that in case you don’t see/detect any adverse effects on the natural resource, it means that most probably the damaging occurrence has not been as much severe as to cause a significant adverse effect on the natural resource.
Hence, in this case, in order to proceed with screening STEP 2, you should be in front of a severe damaging occurrence and, in order to evaluate severity of the damaging occurrence1, the spatial (quantity, extent, mobility, spatial trend, etc.) and temporal (duration, time trend, etc.), as well as the intrinsic (hazardousness against the natural resources, etc.) characteristics of the damaging occurrence should be evaluated.
STEP 2 is a more advanced screening phase that includes the verification of the applicability of ELD2, the identification of the natural resources protected by ELD and the verification of the consistency between damage factors and reference concepts.
The user may not have all useful information to screen the cases by the screening process STEP 2. In this case, the user can continue the assessment of the case by completing the ISPD tables as they include the assessments of screening process STEP 2.
2 Domestic legislation in individual Member States may contain additional and different criteria on applicability over time. So, please refer to domestic legislation, in addition to the ELD itself.