Preventive action
Article 5
1
Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures.
2
Member States shall provide that, where appropriate, and in any case whenever an imminent threat of environmental damage is not dispelled despite the preventive measures taken by the operator, operators are to inform the competent authority of all relevant aspects of the situation, as soon as possible.
3
The competent authority may, at any time:
a
require the operator to provide information on any imminent threat of environmental damage or in suspected cases of such an imminent threat;
b
require the operator to take the necessary preventive measures;
c
give instructions to the operator to be followed on the necessary preventive measures to be taken; or
d
itself take the necessary preventive measures.
4
The competent authority shall require that the preventive measures are taken by the operator. If the operator fails to comply with the obligations laid down in paragraph 1 or 3(b) or (c), cannot be identified or is not required to bear the costs under this Directive, the competent authority may take these measures itself.