Environmental Damage – Risk Assessment

Prevention and remediation of an environmental damage on protected species and natural habitats, on water and on land is regulated by Act 167/2008 Coll. and the associated Government Decree 295/2011 Coll. This legislation transposes to the Czech national law the EU Environmental Liability Directive 2004/35/CE.

Pursuant to this legislation, operators occupational activities listed in the Annex 1 to the Act shall take the necessary preventive measures where there is an imminent threat of an environmental damage and adopt necessary remedial actions where the environmental damage has already occurred. Operators shall bear the costs associated with these preventive and remedial actions.

Listed occupational activities include e.g. handling of water endangering substances, operation of air emission sources, wastewater discharge to surface water – i.e. activities common in many industrial plants. Complete list of listed activities is available here.

To cover potential costs for preventive and remedial measures, operators of the listed activities are required to create a financial provision adequate to the extent and severity of the potential environmental damage.

For this purpose, the operators shall perform a risk assessment in accordance with Government Decree 295/2011 Coll. All operators are required to complete the basic risk assessment. If the result of the basic risk assessment exceeds certain number of points, a detailed risk assessment is required. Exempt from the obligation to ensure financial coverage and to perform the detailed risks assessment are companies certified to ISO 14001 or registered in EMAS, irrespective of the number of points achieved in the basic assessment.

ENACON offers to industrial clients support in completion of the basic as well as the detail risk assessment that is the basis for the creation of the adequate financial provision.