Article 16 Site-specific risk assessment and management of contaminated sites

1.   Member States shall lay down the specific methodology for the site-specific risk assessment of contaminated sites. When establishing such methodology, Member States shall ensure that the phases and principles referred to in Annex V are taken into consideration.

2.   Member States shall determine what constitutes an unacceptable risk to human health and the environment resulting from contaminated sites, by taking into account existing scientific knowledge, the opinions of health authorities, the precautionary principle, local specificities, and current and planned land use.

3.   For each contaminated site that has been found to be contaminated following an investigation pursuant to Article 15 or by any other means, Member States shall ensure that a site-specific risk assessment is carried out for the current and planned land use to determine whether the contaminated site poses unacceptable risks to human health or the environment. If the information gathered pursuant to Article 15 is sufficient to conclude that the soil contamination does not constitute an unacceptable risk to human health or the environment, or to conclude that soil remediation is needed, Member States may decide not to carry out the site-specific risk assessment.

4.   On the basis of the results of the site-specific risk assessment referred to in paragraph 3, or of a conclusion that soil remediation is needed, reached in accordance with that paragraph, Member States shall ensure that the appropriate risk reduction measures are taken and implemented, without undue delay, to reduce to an acceptable level the risks to human health and the environment.

5.   When deciding on the appropriate risk reduction measures, Member States shall, while aiming for soil decontamination, including the prevention of further contamination, take into consideration the long-term costs, benefits, effectiveness, durability and technical feasibility of available risk reduction measures. The risk reduction measures may consist of the measures referred to in Annex IV.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 21 to adapt Annexes IV and V to scientific and technical progress.