Prevention and repair of environmental damage

Verified 20 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The environmental damage must be accused or repaired, in application of the polluter pays principle, at a reasonable cost to business. We present you with the information you need to know.

This sheet concerns the general rules applicable to environmental damage caused by economic activities. It is not exhaustive. Other obligations exist and may give rise to administrative and criminal sanctions, for example concerning the management of waste, the classified installations, etc.

Data subjects

The persons who may be affected by the prevention and remedying of environmental damage mentioned in this sheet are: all persons engaged in an economic activity lucrative or not. All of the natural persons and legal persons having an activity in France may therefore be concerned.

Affected Damage

The environmental damage referred to in this fiche shall be the measurable direct or indirect damage to the environment which:

  • Create a risk of serious harm to human health soil contamination resulting from the direct or indirect introduction, on the surface or into the soil, of substances, mixtures, organisms or micro-organisms (e.g. carcinogenic chemicals; toxic animal or plant species; infectious micro-organisms, etc.)
  • Seriously affect the ecological, chemical or quantitative status or ecological potential of waters, including those of the exclusive economic zone, the territorial sea and the internal waters of France. This case does not concern damage provided for in a master plan for water management and development.
  • Seriously affect maintenance or recovery to a favorable conservation status :
    • Of cash protected wild birds and other protected animal and plant species
    • Of habitats of these species and Natura 2000 areas
    • Of breeding sites and rest areas species with strict protection provided for by European rules.
      Any damage that has an impact on these species, habitats or breeding sites and demonstrated impact on human health shall be classified as serious.
  • Affect ecological services, i.e. the functions performed by the soil, water and species and habitats for the benefit of one of these natural resources or for the benefit of the public. Developments carried out by the operator or owner which enable services to be rendered to the public are not, however, considered to be damage to the environment.

Please note

More information on protected animal and plant species (including their list) is available in 1er chapter of the ‘protected species derogations’ sheet.

The operator may be obliged to implement preventive and remedial measures, including in the absence of fault or negligence.

Operator's fault or negligence

In the event of fault or negligence on the part of the operator, all damage to species and habitats caused by professional activities shall oblige the operator to take preventive and remedial measures.

Absence of fault or negligence of the operator

The occupational activities for which the damage caused to the environment must give rise to preventive and remedial measures, including in the absence of fault or negligence on the part of the operator, are as follows:

  • Exploitation of classified installations for the protection of the environment (PCI)
  • Waste management operations, excluding the spreading for agricultural purposes of sewage sludge from urban waste water treatment plants carried out in accordance with the regulations
  • Management of waste from extractive industries
  • Discharges into waters subject to prior authorization
  • Release or introduction of pollutants into surface or groundwater subject to permit, authorization or registration
  • Exploitation of installations or structures, the carrying out of activities and the carrying out of works (IOTA)subject to authorization, which are either water abstractions or which are mentioned in sections 3.1.1.0, 3.1.2.0, 3.1.3.0, 3.1.4.0, 3.2.2.0, 3.2.5.0, 3.2.6.0 of the IOTA nomenclature
  • Manufacture, use, storage, processing, packaging, release into the environment and on-site transport of:
    • Chemical substances and preparations dangerous
    • Biocidal substances and products
    • Plant protection products.
  • Land, sea or air transport and port handling of dangerous or polluting goods
  • Operation of installations subject to authorisation
  • Contained use of genetically modified organisms
  • Placing on the market and deliberate release into the environment of genetically modified organisms (GMOs) subject to authorization
  • Transboundary movements of waste in and out of the EUEuropean Union
  • Operation of carbon dioxide geological storage sites
  • Pipeline transportation of natural gas, liquid or liquefied hydrocarbons, or chemicals.

The causal link between the activity and the damage is established by the prefect, who may ask the operator for the necessary assessments and information.

The person responsible for damage to the environment is no longer liable to a penalty where more than 30 years have elapsed since the event giving rise to the damage.

The conservation status of a natural habitat shall be assessed by taking into account all the influences which, within its natural range, may affect in the long term its distribution, structure, functions and the survival of the typical species which it hosts. It shall be considered favorable where the following criteria are met:

  • Its natural range and the areas covered within that natural range are stable or increasing.
  • The specific structure and functions necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future.
  • The conservation status of the typical species it hosts is favorable.

The conservation status of a species shall be assessed by taking into account all the influences acting on the species concerned which may affect in the long term the distribution and importance of its populations within their natural range. It shall be considered favorable where the following criteria are met:

  • Population dynamics data for this species indicate that it maintains itself in the long term as a viable part of its natural habitat.
  • The natural range of this species is not decreasing and is not likely to decrease in the foreseeable future.
  • There is and probably will continue to be sufficient habitat to sustain populations of this species in the long term.

The deterioration shall be assessed in relation to the conservation status of the habitats or species at the time of the occurrence of the risk or the occurrence of the damage taking into account measurable data such as:

  • Number of individuals, density or area covered
  • Role of the individuals or area concerned in relation to the overall conservation of the species or habitat
  • Rarity of the species or habitat valued, at regional, national or Community level
  • Propagation capacity of the species, viability or natural regeneration capacity of the habitat
  • The ability of the species or habitat to recover, by its natural dynamics alone, to a state equivalent to or greater than the initial state, for a period of time such that ecosystem functioning is not called into question after damage has occurred, without any intervention other than enhanced protection measures.

Excluded Damage

The damage or imminent threat not covered by the obligations and penalties mentioned in this sheet is as follows:

  • Any damage for which the event giving rise to the damage occurred before 30 April 2007, including where it results from an activity which definitively ceased before 30 April 2007.
  • Implementation of programs or projects of activities, works, facilities, works or installations authorized or approved within a Natura 2000 area
  • Events and interventions in the natural environment or landscape within a Natura 2000 area authorized or approved
  • Activity authorized or approved by way of derogation, provided that the requirements resulting from the authorization have been complied with, among the following:

In special circumstances, certain other damage may also be excluded.

Due to the special circumstances that accompany them, damage resulting from the following events is also excluded from the obligations indicated in this fiche:

  • Caused by armed conflict, civil war or insurrection
  • Arising out of activities carried out primarily in the interests of national defense or international security
  • Caused by an exceptional, inevitable and irresistible natural phenomenon (earthquake, volcanic eruption, cyclone, etc.)
  • Resulting from activities whose sole purpose is protection against major natural hazards or natural disasters (e.g. construction of a dike to prevent flooding that may seriously affect a protected environment)
  • Resulting from an event subject to a liability or compensation regime provided for in the following international conventions:
    • International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage
    • International Convention of 27 November 1992 establishing an International Fund for Compensation for Oil Pollution Damage
    • International Convention of 23 March 2001 on Civil Liability for Bunker Oil Pollution Damage
    • International Convention of 3 May 1996 on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS)
    • Convention of 10 October 1989 on civil liability for damage caused during the carriage of dangerous goods by road, rail and inland waterway vessels
      (CRTD).
  • Resulting from activities related to atomic or nuclear energy
  • Caused by diffuse pollution, unless a causal link between the damage or threat thereof and the activities of the different operators is established.

In case of imminent threat of injury, the operator must take preventive measures without delay and at his own expense in order to prevent their implementation or to limit their effects. If the threat persists, he must immediately inform the prefect of its nature, the preventive measures he has taken and their results.

The information provided by the operator shall include, depending on the nature of the foreseeable damage, the following elements:

  • Origin and importance of the threat
  • Identification of damage likely to affect human health and the environment
  • Measures taken by the operator to avert or limit the threat
  • Foreseeable evolution of the threat taking into account the measures taken by the operator
  • The grounds on which it may conclude that those measures are not such as to prevent damage.
Who shall I contact

In the event of an imminent threat of damage, or where such damage has occurred, the prefect may at any time request the operator to provide him with all relevant information relating to that threat or damage and to preventive or remedial measures.

Please note

In order to implement these preventive measures on private property, the operator must first obtain the written authorization of the owners, the holders of rights in rem, their successors in title or, where there are any, the holders of a right of enjoyment. He may enter into an agreement with them providing for the terms of the authorization or the payment of compensation for occupation of land.

In the absence of an amicable agreement or in cases of urgency, authorization may be given by the President of the Judicial Court or a magistrate appointed by him.

In case of damage, the operator shall inform the prefect thereof without delay. It must take immediate and cost-effective measures to stop its causes, to prevent or limit its worsening and its impact on human health and ecological services.

The information provided by the operator shall include, depending on the nature of the foreseeable damage, the following elements:

  • Origin and importance of the threat
  • Identification of damage affecting or likely to affect human health and the environment
  • Foreseeable development of the damage and its consequences for human health and the environment
  • Measures taken.
Who shall I contact

Remedial measures differ depending on the type of environmental damage:

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Risk of serious damage to human health due to soil contamination

In cases where the damage creates a risk of serious harm to human health as a result of soil contamination, remedial measures must make it possible to eliminate any risk of serious harm to human health, taking into account the use of the damaged site existing or planned at the time of the damage. The use of the site is assessed in particular according to the planning documents in force at that date. The possibility of soil repair by natural regeneration should be considered.

Soil contamination resulting from damage may be due to the direct or indirect introduction, on the surface or into the soil, of substances, mixtures, organisms or micro-organisms.

Please note

The use of the damaged site is defined by the planning documents in force at the time of the damage. In the absence of such information, the remedial measures shall be determined according to the land use at the time of the damage.

Determination and evaluation of damage remediation measures shall be carried out using the best available methods and technologies.

Serious damage to water status, protected species, their habitats or their breeding sites

Measures to repair damage to waters, species and habitats shall aim to restore these natural resources and their ecological services to their original state and to eliminate any risk of serious harm to human health.

Initial condition refers to the condition of natural resources and ecological services at the time of the damage, which would have existed had the environmental damage not occurred, estimated using the best available information. Primary repair refers to any measure by which natural resources and their services return to or approach their original state. The possibility of repair by natural regeneration should be considered.

Where the primary repair does not result in such a return to or approaching the original condition, additional remedial measures shall be implemented in order to provide a level of natural resources or services comparable to that which would have been provided if the site had been restored to its original condition. They may be implemented on another site, the choice of which must take into account the interests of the populations affected by the damage.

Compensatory redress measures shall compensate for intermediate losses of natural resources or services occurring between the damage and the date on which the primary or complementary redress has taken effect. They can be implemented on another site but cannot be simply financial compensation.

Where several damage have occurred simultaneously and it is not possible to repair them together, the Prefect shall determine in what order of priority they are to be repaired.

The Prefect shall carry out an assessment of the nature and consequences of the damage.

It may also require the operator to carry out its own assessment and to determine appropriate remedial measures within a specified period of time. The operator then submits the appropriate repair measures to the prefect for approval.

The Prefect shall reply to the proposed measures within three months of receipt. If it is not possible to take a decision within this period, the prefect may set a new period.

The prefect may ask the operator to supplement or amend his proposals, in particular if they are insufficient.

After giving the operator the opportunity to submit his observations, the Prefect shall prescribe appropriate remedial measures to him by reasoned order. It shall lay down the time-limit or time-limits for carrying out these measures.

The publication of the order shall be notified to the operator and any owners of the funds on which the remedial measures are prescribed, to the holders of rights in rem or their successors in title. The decree is also posted in town hall for 1 month.

Please note

In order to carry out these remedial measures on private property, the operator must first obtain the written authorization of the owners, the holders of rights in rem, their successors in title or, where there are any, the holders of a right of enjoyment. He may enter into an agreement with them providing for the terms of the authorization or the payment of compensation for occupation of land.

In the absence of an amicable agreement or in cases of urgency, authorization may be given by the President of the Judicial Court or a magistrate appointed by him. In case of difficulties, the prefect has tools to facilitate the implementation of the remedial measures.

The operator shall inform the competent administrative authority of the performance of the work required.

Their realization is noted by an official of the prefecture. The minutes shall be sent to the prefect, who shall send a copy to the operator and to the mayor or president of theEPCI: titleContent and the owner of the land.

FYI  

At any time, within the limits of the limitation period of 30 years from the event giving rise to the damage, the prefect may impose on the operator, by decree, the additional measures necessary to achieve compensation for the damage.

An operator who is required to prevent or repair damage shall bear the costs of:

  • To damage assessment
  • The identification, implementation and monitoring of preventive and remedial measures
  • Where appropriate, the procedures organized by the prefecture for consulting stakeholders affected by the damage
  • Where applicable, land occupancy allowances paid to the owner of the private property on which the company is located.

Where damage to the environment has several causes, the cost of preventive or remedial measures shall be shared by the prefect among the operators, according to the extent to which their activity contributes to the damage or imminent threat of damage.

Please note

Where it has carried out or has caused to be carried out the preventive or remedial measures of its own motion, the prefecture shall demand reimbursement from the operator whose activity has caused the damage. Such reimbursement may be required within a period of 5 years from the date on which the prescribed measures were completed or from the date on which the responsible operator was identified. Where such measures have been implemented by other actors, they may also claim reimbursement of the costs incurred by them.

The costs of preventive and remedial measures shall be reimbursed to the operator on request where he can prove that the damage or imminent threat:

  • Or is the work of a third party, despite appropriate security measures
  • or is the result of compliance with an order or instruction from a public authority not following an emission or incident caused by the operator's activities.

Nor may the cost of such measures be charged if it proves:

  • That he did not commit any fault or negligence
  • And that the damage to the environment results from an emission, an activity or, in the context of an activity, any mode of use of a product which was not considered likely to cause damage to the environment in the light of the state of scientific and technical knowledge at the time of the event giving rise to the damage.

One factsheet dedicated to the compensation of biodiversity damage details the circumstances in which damage to biodiversity must be compensated.

This card is available here.

Administrative sanctions

Where the operator has not taken the prescribed preventive or remedial measures, the prefect may give formal notice the operator to take such measures.

On expiry of the time-limit set and in the absence of implementation of the measures, it may impose one or more of the following administrative penalties:

  • Require the person given notice to pay to a public accountant before a specified date an amount corresponding to the amount of the work or operations to be carried out.
  • To have the prescribed measures carried out of his own motion, instead of the person given formal notice and at his own expense. The money is used to pay for those expenses.
  • Suspend the operation of installations or works, the use of objects and devices, the carrying out of works, operations or alterations or the carrying out of activities until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person given notice
  • Order the payment of an administrative fine not exceeding €45,000, and a daily penalty payment not exceeding €4,500 applicable from the notification of the decision fixing it until the formal notice or the ordered measure is satisfied.

The fines and periodic penalty payments shall be proportionate to the seriousness of the infringements found and shall take account in particular of the extent of the disturbance caused to the environment.

The fine may not be imposed after a period of three years from the date on which the infringements are established.

Criminal sanctions

Is punishable by the fine provided for contraventions of 5è class of an amount €1,500 (natural persons) or €7,500 (legal persons):

  • Failure to communicate to the competent administrative authority the information which the operator is obliged to transmit
  • Failure to implement prescribed remedial measures.