Whoever harms the environment must prevent, avoid and repair the damage

Automatic summary, not yet reviewed

1. The law requires operators of economic or professional activities to prevent, avoid and repair environmental damage and to pay for it, even without fault or negligence. It applies the polluter pays principle.
2. Only damage to waters, soil, the seashore and estuaries, and to wild species and their habitats counts as environmental damage. Damage to the air and to people and their property is excluded.
3. The law does not apply to damage caused more than thirty years ago, counted from when the emission, event or incident that caused it ended.
4. The autonomous communities enforce the law in their territory, although the State acts to protect state-owned public domain assets and may intervene exceptionally in cases of extraordinary gravity or urgency.
5. When there is a threat or environmental damage, the operator must act without waiting to be asked and must report it immediately to the competent authority, which can give instructions or carry out the measures at the operator's expense.
6. Operators of the activities listed in Annex III must have a financial guarantee, through insurance, a bank guarantee or a technical reserve, to cover prevention, avoidance and repair costs. There are exemptions for small damage or companies with environmental certification.
7. Offenses are classified as serious and very serious, with fines from 10,001 to 2,000,000 euros and possible suspension of the activity's authorization. Only private individuals and companies can be sanctioned.
8. Any affected person and environmental organizations meeting certain requirements can request the start of proceedings to enforce environmental liability, and the public can request information about damage and the measures taken.

Who it affects

• Companies and professionals carrying out activities with environmental risk, such as waste management, discharges or transport of dangerous goods: They must prevent, avoid and repair the damage they cause, report it to the Administration and, in many cases, obtain a financial guarantee.
• Public administrations, especially the autonomous communities: They enforce the law, monitor compliance and can impose sanctions or carry out the measures at the responsible party's expense.
• People affected by environmental damage and environmental organizations: They can request the start of proceedings to enforce liability and obtain information.
• Insurance companies and financial institutions: They can offer the insurance policies and bank guarantees that serve as the mandatory financial guarantee.

Words worth knowing

Operador (operator)

Any person or company, public or private, that carries out an economic or professional activity or controls it.

Responsabilidad objetiva (strict liability)

Duty to answer for the damage even without fault, intent or negligence.

Garantía financiera (financial guarantee)

Money secured in advance, through insurance, a bank guarantee or a reserve, to pay for repair if environmental damage occurs.

Estado básico (baseline condition)

The condition the natural resources would have been in if the damage had not occurred.

Medidas de evitación (avoidance measures)

Actions to limit or stop further damage once damage has already occurred.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries