The „Polluter pays” principle and its framework is established in the Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

The directive defines environmental damage as “damage to protected species and natural habitats, which is any damage that has significant adverse effects on reaching or maintaining the favourable conservation status of such habitats or species. (…) water damage (…) land damage which is any land contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction, in, on or under land, of substances, preparations, organisms or micro-organisms”.

In case of imminent threat to natural environment an operator is obliged to immediately take necessary preventive measures.

If damage to the environment occurred caused by an operator, the latter must, without delay, inform competent authorities and take all practicable steps to immediately control, contain, remove or otherwise manage the relevant contaminants and/or any other damage factors in order to limit or to prevent further environmental damage and adverse effects on human health or further impairment of services and is obliged to take necessary remedial measures.

The operator shall bear the costs for preventive and remedial actions.

The operator may be allowed not to bear these costs when environmental damage or imminent threat was caused by a third party and occurred despite the fact that appropriate safety measures were in place or resulted from compliance with a compulsory order or instruction emanating from a public authority (…).

The operator may also be exempt from liability where he demonstrates that environmental damage or imminent threat (…) are not linked to his fault or negligence and was caused by an emission or event lawful and guaranteed by laws or regulations accepted by the Community and specified in Annex III to Directive 2004/35/EC. The operator may be likewise exempt from liability when the environmental damage or imminent threat was caused by an emission or activity or any manner of using a product which is considered not to be likely to cause it according to the state of scientific and technical knowledge (Source: Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying environmental damage: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004L0035&qid=1421148396828&from=EN).

EU legislation also includes the Directive of the European Parliament and of the Council 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law. The directive specifies which conduct constitutes a criminal offence, when unlawful and committed intentionally or with at least serious negligence (Source: Directive of the European Parliament and of the Council Rady 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0099&qid=1422954126001&from=EN).