However, they were not all functional. In such a case, we could have recommended that the company ensure that, by the next day, or at least as quickly as possible, it put back into operation the tools serving to warn the birds and prevent them from landing on the pond in question. This is a theoretical example of how to use directives to enforce measures or stop activities. What determines the choice of one or the other? It's the importance of the impact of this situation on the environment. Even there, though, it's a matter of judgement.
On March 26th, 2009. See this statement in context.