Traduction de «établir par prépondérance de la preuve » (Français → Anglais) :

3. Member States may, in exceptional cases, adopt provisions to determine, on the basis of documentary evidence provided in an appropriate way by the notifier, that a specific hazardous waste listed in Annex V is excluded from the export prohibition if it does not display any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council De ...[+++]cision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste .

(c) In the recovery of assets from an accused or third party, there may be a reversal of the burden of proof in the assumption that the assets are the proceeds of crime, which the owner of the assets must rebut, or there is a reduction in the standard of proof to the balance of probabilities, rather than the usual test of proof beyond reasonable doubt.

Member States must draw up a list of the courts authorised to obtain evidence and indicate their territorial and/or special jurisdiction.

In our provincial courts, which deal with civil matters, it is not necessary to prove guilt beyond a reasonable doubt.

However, where it can be clearly established, on the basis of evidence that is accepted by a court, where the preponderance of the evidence would lead to a conclusion that government X did have a role to play, then there is a case to be met.

To establish that link, further scientific work is required to make this link clear from a preponderance of the evidence.