What is ecological harm?

Verified 19 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

One environmental damage is a non-negligible damage an ecosystem or a human benefit from the environment. Ecological damage must be fixed. We're giving you the regulations to know.

One environmental damage is a non-negligible damage that affects at least one of the following:

  • Items ecosystems (e.g. fauna, flora, air, water, soil, etc.)
  • Functions ecosystems (e.g. self-purification of water, decomposition of organic matter, pollination, etc.)
  • Collective human benefits the environment (e.g. access to drinking water, timber supply, agriculture, leisure activities, etc.).

The "non-negligible" nature of the damage is essential in its classification as ecological harm.

Example :

Destruction of multiple specimens of protected species, massive emissions of greenhouse gases, unauthorized works in a wetland making it impossible to rehabilitate the site, etc.

Any person responsible for ecological harm must repair.

Please note

In the absence of recognition of environmental damage, other administrative or criminal sanctions may be imposed in cases of environmental damage, for example under the rules applicable to classified installations, to waste or to protected species.

Any company who is responsible for ecological harm can be sued.

The following people may to institute legal proceedings to claim compensation for environmental damage:

  • French State
  • French Biodiversity Office
  • Territorial authorities and their groupings whose territory is concerned
  • Public establishments and associations approved or established at least 5 years before the date of the commencement of proceedings which have as their object the protection of nature and the defense of the environment.

Please note

Legal proceedings must be instituted within 10 years from the day on which the holder of the share knew or should have known of the occurrence of the environmental damage.

The ecological damage shall be remedied by priority in kind (repair at the damaged site: depollution, soil waterproofing, etc.).

In the event of the impossibility or insufficiency of remedial measures, the judge shall order the person responsible to pay damages to the applicant. Such damages shall be used for the purpose of repairing the environment. If the claimant cannot take remedial action against the environment, the damages are paid to the State for the purpose of being affected.

In assessing the damage, the judge shall take into account, where there are any, remedial measures already taken.

In case ofpenalty payment, the judge may pay it to the applicant or to the State, which shall allocate it to the repair of the environment.

Please note

Irrespective of the compensation for ecological damage, the judge, on hearing an application, may prescribe reasonable measures to prevent or stop the damage (cessation of activities which caused the damage: clearing, destruction of protected species, etc.).