Damage Compensation and Risk-Informed Regulation: Status and Trends in the EU
A comparison is made to investigate whether current developments on the control of accidental risks (assessment methods, EU legal frameworks and liability schemes) related to process industries, nuclear power plants and hydro power dams are proportional to their typical hazard and risk characteristics. To decide if an activity is right or not, it has to be investigated if accidents resulting from this activity have possible harmful consequences to non-actors. If no the activity is right, if yes the activity is only right if those who would experience harm have consented to it after having been informed. If, after its realisation, the activity causes damage, the actor is forced to compensate it . To decide, some form of risk assessment has to be made, i.e. evaluation of the type of hazard, harmful consequences and probabilities. Essentially, it is the historical or prognostic information available either directly on the activity level or on more decomposed ones which determines the type of risk measure used to characterise the activity risk. Conditions for consent are then general rules (laws), incl. elements of risk and public participation, both on the side of prevention (safety/environmental regulations) and mitigation (emergency planning, liability to ensure that damage does not remain with affected non-actors).
KeywordsPublic Participation Strict Liability Risk Assessment Method Probabilistic Risk Assessment Major Accident
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