hänsynsregler
English translation: [general] rules of consideration; guidance
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| 02:57 Aug 25, 2019 |
| Swedish to English translations [PRO] Law/Patents - Environment & Ecology | |||||||
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|  Selected response from: andres-larsen Venezuela Local time: 05:55 | ||||||
Grading comment
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| 3 | guidance |
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| 1 +1 | [general] rules of consideration |
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| hensynsregler omfatter forsigtighedsprincippet, substitutionsprincippet, bedst tilgængelig teknologi |
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Answers
12 hrs confidence: 
peer agreement (net): +1
peer agreement (net): +1[general] rules of consideration Explanation: [general] rules of consideration official Swedish sources in English: The Swedish Environmental Code - Swedish Environmental ... www.swedishepa.se › Guidance › Laws-and-regulations › The-Swedish-En... Oct 10, 2018 - The Swedish Environmental Code The Environmental Code constitutes a modernised, broadened and more stringent environmental legislation aimed at promoting sustainable development. It came into force on 1 January 1999. It replaced fifteen previous environmental acts which were amalgamated into the Code. General rules of consideration Chapter 2 of the Environmental Code contains a number of general rules of consideration that express, for instance, the precautionary principle, the polluter pays principle, the product choice principle and principles regarding resource management, recycling and suitable localisation of activities and measures. The rules have a preventive effect since they make binding demands on anyone running a business or an operation or taking action to learn about the environmental effects of such activities and express the principle that the risks of environmental impact should be borne by the polluter and not by the environment. Supervisory and licensing authorities have the power to base their decisions on these general rules of consideration concerning injunctions, bans, permit conditions etc. As a result, the content of these rules becomes much more specific through regulations or decisions in each individual case. Pages 17 and 18: Rapport 6790 - Swedish Environmental Law - An ... - Naturvårdsverket https://www.naturvardsverket.se › Documents › publikationer6400 GENERAL RULES OF CONSIDERATION, CHAPTER 2 The so-called ‘general rules of consideration’ constitute fundamental principles for the application of the Code. These principles apply to all activities that have an impact on the environment, regardless of the extent or scale of the activity. Consequently, these principle must, for example, be applied when setting conditions for permits or in matters regarding environmental supervision. One of the most fundamental principles is the Burden of proof principle, which states that it is the party who pursues an activity that must prove that the obligations arising out of the Code are complied with. According to the Proportionality principle, the general rules of consideration apply as long as they are not unreasonable; application of the general rules of consideration should be environmentally justifiable and financially reasonable in each case. Arguably, the general rules of consideration all relate back to the Precautionary principle, which sets out the fundamental requirement for anyone who pursues an activity to take all necessary environmental precautions in order to limit the impact on human health and the environment. The mere risk of damage and detriment triggers this obligation. Such precautions may, for example, involve limiting the scale of operations or applying the best possible technique, the Best Possible Techniques Principle (interpreted together with the Proportionality principle, this corresponds to the requirement of applying Best Available Techniques, BAT). Other general rules of consideration that relate to the precautionary principle are: 1) the Knowledge requirement, according to which everyone who pursues an activity must acquire the knowledge necessary to protect human health and the environment against damage or detriment, 2) the Appropriate location principle, according to which the site for an activity must be suitable with respect to the purpose of the activity being achieved with a minimum of damage, detriment or nuisance to human health and the environment, and 3) the Product choice principle, which requires operators to refrain from the use or sale of chemical products that could involve hazards to human health or the environment if other less dangerous products can be used instead. Further to the principles described above, the Polluter pays principle requires anyone who takes a measure that could have an impact on human health or the environment to be responsible for complying with the provisions concerning remediation set out in the Code and to pay any resulting expenses. Finally, the Resource management and eco-cycle principle stipulates that an activity must be carried out in such a way so as to ensure the efficient use of raw materials and energy and to minimize waste generation. The use of renewable energy sources should be preferred and the extraction of natural resources should be economized. Waste should be recycled, reused or recovered insofar as is possible, and disposal should be carried out without damaging the environment. The ultimate objective of this principle is to maintain closed material cycles. Even if the general rules of consideration are applied, some activities can still cause substantial damage to human health or the environment. To avoid such consequences, the general rules of consideration are supplemented by a so-called “stopping” rule. According to this rule, which applies to all activities under the Code, an activity or measure which is likely to cause considerable damage, detriment or nuisance to human health or the environment may only be undertaken if the Government deems that special circumstances so warrant. Furthermore, an activity or measure must not be undertaken if it is liable to lead to a considerable deterioration in the living conditions of a large number of people or a considerable deterioration in the environment. Only if it is of utmost importance for the public interest and provided the activity or measure is unlikely to be detrimental to public health may such an activity or measure be allowed by the Government. |
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11 days confidence:
guidance Explanation: This is what first crossed my mind and Andre's useful reference actually uses this word while I cannot find "consideration" on the referenced page. |
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Reference comments
11 hrs |
| Reference: hensynsregler omfatter forsigtighedsprincippet, substitutionsprincippet, bedst tilgængelig teknologi Reference information: University of Copenhagen - Institut for Fødevare- og ... https://ifro.ku.dk › english › staff hensynsregler omfatter bl.a. forsigtighedsprincippet, substitutionsprincippet, bedst tilgængelig teknologi samt lokaliseringsprincippet. |
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