The following flowchart in fig. 13 provides a decision-making framework from the onset of a potentially damaging occurrence (a potential imminent threat or PRESSURE) through to the determination of whether the case is an ELD case or non-ELD case.
General decision-making flowchart for the determination of the clues and evidence of damage
Note that:
• "IMPACT" means adverse effects on reference concepts of a natural resource under ELD.
• "PRESSURE" means damaging occurrences and damage factors exposing protected natural resources under ELD to an IMPACT or to a potential IMPACT.
• The flowchart can be used either in the case of occurrence of a PRESSURE or in the case of the discovery of an IMPACT.
• There is a duty on the the operator to inform the competent authority, without delay of all relevant aspects of the situation (Article 6(1) of ELD).
• ELD powers of entry and inspection must be used by the competent authority at the outset and competent authority and public bodies time and costs must be recorded for the purposes of cost recovery.
• Data and information on the PRESSURE, DRIVER, IMPACT and STATE must be collected by the operator and/or by the competent authority, as soon as possible to facilitate decisions and assessments of preventive measures, environmental damage and determine remedial measures.