Policy Context Department of Environment and Local Government政策的上下文的环境部和地方政府.docVIP

Environmental Liability Directive Screening Regulatory Impact Analysis Environment Policy Section, Department of the Environment, Heritage and Local Government July 2008.  Screening Regulatory Impact Analysis Contents Page Executive Summary 3 1 INTRODUCTION 5 2 DESCRIPTION OF POLICY CONTEXT, OBJECTIVES AND OPTIONS 5 2.1 Policy Context 5 2.2 Objectives 6 2.3 Identification of Options 7 3 IDENTIFICATION OF COSTS, BENEFITS AND IMPACTS 9 3.1 Risks and Assumptions 9 3.2 Costs 11 3.3 Benefits 14 3.4 Other Impacts 16 3.5 Summary of Costs, Benefits and Impacts 17 4 CONSULTATION 21 5 ENFORCEMENT AND COMPLIANCE 21 6 REVIEW 22 Appendices 1 Main Features of the Environmental Liability Directive 23 2 Existing Liability Regimes - Existing Domestic Legislation 29 3 Exceptions and Discretions 39 4 Legal and Operational Issues: Articles 2 to 17 54 5 Enforcement 92 Executive Summary Screening Regulatory Impact Analysis Purpose The purpose of this document is to outline the options for transposing the Environmental Liability Directive (ELD), to discuss the legal and operational issues in transposing specific articles of the ELD, to address the comments submitted as part of the first consultation process, and to reflect the approach being adopted in the draft primary and secondary legislation transposing the ELD. Views on the draft legislation are being sought Structure of the document The first part of the document is a Regulatory Impact Analysis of the options for transposing the ELD into Irish law. The main features of the ELD are summarised in Appendix 1 and a copy of the ELD is available separately on the Departments website, www.environ.ie and on the European Commissions website, http://ec.europa.eu/environment/liability/index.htm. Appendix 2 provides details of existing domestic legislation in the areas of genetically modified organisms, habitats and species, water, waste, integrated pollution prevention and control,