The Assemblée nationale voted in the second reading a new provision introduced in the draft of a new Biodiversity Law which provides that “any person who causes serious and lasting damage to the environment is required to repair it.” The text notably establishes a French agency of biodiversity, increases penalties for illegal trade in protected species and translates into French law the international Nagoya Protocol governing the exploitation of natural genetic resources.
The provision had been voted in first reading by the Senate earlier this year. After that, the government however surprisingly introduced an amendment which questioned the recognition of ecological damage. After much criticism, the amendment was taken back by the government. French Newspaper Le Monde recalled that to date, it is only after a decade of trial that the French Supreme Court created a precedent recognizing in 2012 an ecological damage.
See our previous post on the issue: France – Recognition of ecological damage in a new law on biodiversity?
See the full report in French on Le Monde