The prevention and remedying of environmental damage is covered by the provisions of the Environmental Liability with regard to the Prevention and Remedying of Environmental Damage Law of 2007 (No. 189(I)/2007), which is aligned with the relevant European Directive 2004/35/EC.
Law 189(I)/2007 applies in cases of environmental damage caused by specific occupational activities (Annex III of the Law), damage to protected species and natural habitats caused by any occupational activities other than those listed in Annex III of the Law, provided that the operator acted with malice or negligence, and in cases of environmental damage or imminent threat of such damage caused by pollution of a diffuse character, provided that it is possible to establish a causal link between the damage and the activities of certain operators. The Law does not grant individuals the right to claim compensation as a result of environmental damage or imminent threat thereof.
The Department of Environment, or other agency designated as the competent authority by the Minister of Agriculture, Natural Resources and Environment, has the responsibility to identify the operator who has caused the damage or threat of damage, assess the severity of the damage and determine the remedial measures in accordance with Annex I of the Act. In cases where an imminent threat of damage is detected, the operator has the obligation to immediately take all necessary precautionary measures and to bear the related costs. If the operator fails to comply, it is not possible to detect or is not required under the provisions of the law to bear the costs, the competent authority may itself take the necessary preventive measures and to recover the costs through the courts.
In cases of environmental damage, the operator must immediately inform the competent authority and to take all practical measures to control, contain, remove or otherwise manage the pollutants or factors that cause or may cause harm in order to reduce or prevent further damage. To this end, the competent authority may at any time require the operator to take such measures, as well as to require the operator to take the necessary remedial measures, or to take all necessary measures as a means of last resort.
Any natural or legal person who is affected or may be affected by environmental damage, or having a legitimate interest in taking decision about environmental damage may submit, in writing to the competent authority, reasoned comments on environmental damage cases that have been brought to their attention and call the competent authority to take action, in accordance with the provisions of the law. This request must be accompanied by the relevant information and evidence supporting claims for environmental damage. If the competent authority is satisfied that the evidence duly determine the existence of environmental damage and after the operator has the opportunity to express his/her views, it shall inform the person who filed the comments as soon as possible, regarding its decision to accept or refuse the request for action, duly justifying that decision. These persons have the right to appeal on the basis of Article 146 of the Constitution against the decisions of the competent authority.
The competent authority may still order the immediate cessation of any action or operation or activity, or repeating them, to prevent, eliminate or minimize damage. These decisions will be published in the Official Gazette of the Republic, in two widely circulated newspapers and online.