Why a system based on public law? Why not strict liability across the board? Why is traditional damage excluded? Which polluting activities would be covered by the proposal? Who has the burden of proof? How much proof is necessary to trigger liability? What will happen in the case of an organic farmer whose crop cannot be sold as "biologically produced" or "organic" due to contamination (for example by genetically modified organisms GMOs)? Will the proposal oblige Member States which happen to have more stringent rules to weaken them? How will damage be restored?