What happens if the polluter has no money? Will member states – and hence tax payers – have to pay?
The directive does not require member states to remedy environmental damage if the polluter cannot be identified or is insolvent. The competent authorities will decide themselves whether this so-called “orphan damage” is to be remedied or not. Of course, if the state itself or a state-owned body is the polluter, the state will have to pay, like any other polluter.
