RIFLESSIONI INTORNO ALLA RESPONSABILITÀ AMBIENTALE PER LE OPERAZIONI IN MARE NEL SETTORE DEGLI IDROCARBURI TRA PRECAUZIONE , PREVENZIONE E RIPARAZIONE

In the essay the author, after contextualizing the disciplines related to the environmental damage and the responsibility of operators overboard in the hydrocarbons sector, according to the European principles of prevention,precaution, and remediation requirements of the art.191, paragraph 2TFEU, investigates the abovementioned rules, revealing some weakness that make them less effective in the field of prevention and restoration. Indeed, the regulatory practice of the transaction over the environmental damage and the reduced financial penalties for operators disrespectful to - wards the rules, would turn the discipline away from its own purpose, that is, compensation in the specific form and reduction of damaging events. is a means for the resolution of extra judicial controversies that could be used in Italy to verify the actual occurrence of adverse possession.