On the basis of a common definition of contaminated sites (i.e. sites which pose significant risk to human health and the environment), its application by the Member States, and a common list of potentially polluting activities, Member States will be required to identify the contaminated sites on their territory and establish a national remediation strategy.

does not know how many of its sites are contaminated; does not know the full extent of the risks to human health and the environment and the likely cost of cleaning up or managing the sites; does not have a ranking of the worst sites by order of risk; does not provide the long-term, stable funding needed to manage the problem effectively; and, most important, does not have a firm central commitment and leadership or an action plan essential to the timely cleanup or management of the higher-risk contaminated sites under its control ...[+++].

(24) The identification of contaminated sites should be reflected in a national inventory of contaminated sites to be updated regularly and made available for the public to consult.

Management of contaminated sites in Western Europe.

Where an area protected under the biodiversity legislation is part of a contaminated site, the regime for biodiversity damage would apply to that area, in addition to the regime for contaminated sites.

Possible main features of a Community regime are outlined, including: no retroactivity (application to future damage only); coverage of both environmental damage (site contamination and damage to biodiversity) and traditional damage (harm to health and property); a closed scope of application linked with EC environmental legislation: contaminated sites and traditional damage to be covered only if caused by an EC regulated hazardous or potentially hazardous activity; damage to biodiversity only if protected under the Natura 2000 network; strict liability for damage caused by inherently dangerous activities, fault-based liability for d ...[+++]amage to biodiversity caused by a non-dangerous activity; [1] commonly accepted defences, some alleviation of the plaintiffs' burden of proof and some equitable relief for defendants; liability focused on the operator in control of the activity which caused the damage; criteria for assessing and dealing with the different types of damage; an obligation to spend compensation paid by the polluter on environmental restoration; an approach to enhanced access to justice in environmental damage cases; co-ordination with international conventions; financial security for potential liabilities, working with the markets.