Those who pollute shall pay

The new Directive on environmental responsibility in the Eu came into force on 30 April, without retroactive effect. It finally introduces into Eu legislation the principle that those who pollute shall pay, as prescribed by the Constitutional Treaty. The Directive concerns in particular the environmental damage caused to water resources, to fauna and flora, to natural habitats, and to the soil and subsoil. It drastically limits scope for pollution and provides for the obtaining of reparation in the event of serious contraventions, also with the intervention of government that can act in cooperation between each other at the European level and “be activated” by other public interest groups such as NGOs and associations for the protection of the environment and/or consumers. Activities especially targeted by the Executive are forms of pollution that lead to the release of heavy metals into the air or water, dangerous plants for the production of chemical products, refuse dumps and incinerators. So far the only member states that have already converted the Directive into their own domestic legislation are Italy, Latvia and Lithuania: the Commission has promised the opening of procedures for culpable violations of the norms by States that fail to fulfil their responsibilities.