The Environmental Liability Act
FAR MORE than just a law
The Law and its developing Regulations
About the Environmental Liability Act
The Environmental Liability Act (Act 26/2007), which transposes the European directive on Environmental Liability into Spanish lawl, establishes a new type of administrative liability, in addition to the civil liability for contamination we already knew. . As a result, business owners
and professionals face new insurance coverage needs, requiring suitable insurance solutions.
About the developing
Regulations
Regulation (Decree 2090/2008) further develops various aspects of this law, including determining environmental damage, analysing environmental risks, and calculating the mandatory financial guarantee for activities subject to this legal obligation.
About the obligatory nature of the Order
It is important to cite Ministerial Order 1040/2017andMinisterial Order 1023/2019 , which set the dates for the obligation to conduct the risk analysis and, where applicable, to present the financial guarantee for activities subject to this obligation, to come into effect.
To better meet these specific needs, the Pool has designed and now manages specialised insurance for its partners, addressing liabilities for environmental damage under this legislation and for contamination-related damage to third parties.
About the purpose and objectives of the Law
The purpose of the Environmental Liability Act is to regulate the role of economic operators in preventing,
avoiding and repairing environmental damage.
Specifically, this Act aims to:
Bolster the prevención mechanisms applicable to all types of activities and behaviours, whether negligent, accidental or unforeseeable.
Ensure the repair of any damage, in order to protect natural resources.
Guarantee that prevention and repair are the responsibility of the liable economic operator.
If you wish to take out an Environmental Liability Insurance Policy
Discover our insurance
We will detail their key aspects and indicate how to take out and manage insurance.