They were called " green insurance ". One of the most ambitious laws of the previous Socialist government in environmental matters was that in 2007, forced tens of thousands of potentially polluting businesses to hire guarantees or bonds to pay for any accident that may be responsible. In essence, they were moving from theory into practice the principle of " polluter pays ". The company signed a financial guarantee in terms of their potential for environmental damage that respond to the accident. The 2007 law forcing operators to hire 320,000 this insurance. The reform has now undertaken the Ministry of Agriculture, Food and Environment exempts 98 % of them: only they were required to 5.470.
The 2007 law was so ambitious that, in fact, were never put in place financial guarantees. The regulatory development of the standard was delaying its practical application. Ministerial orders that extended deadlines, so as Rita Rodriguez, a lawyer for the NGO WWF says " never became enforceable" were published. The reform promoted by the Ministry of Miguel Arias Cañete means that these guarantees will no longer be payable for 98% of the activities that the 2007 law did consider mandatory. The ministry argues that exempts activities " with little potential to generate environmental damage and low accident rate." Cement, large chemical, power plants, etc., yes must sign the " green insurance ".
The exemption of nearly 315,000 activities regarding the 2007 law has drawn the attention of the State Council in its opinion of 19 December. "Such a general exemption should, according to the Council of State, to integrate better in this bill," said the text, seen by COUNTRY. For Hugo Moran, Environment spokesman of the PSOE, the advisory body " is criticizing the fact that virtually widespread exceptionalism occurs, the exceptional becomes the rule."
"The new law restricts the activities subject to minimum guarantee. And besides, the small number that is does require, granted a voluntary principle and not of obligation, "he adds. Moran refers to another novelty that includes this reform with respect to the standard 2007. Unlike what happened before when it was the Administration that determined the responsibility of each company, now the operator is obliged to provide the guarantee shall "determine the amount after the completion of the risk analysis activity and who informs the competent authority of the constitution itself, "according to the text of the bill that passed the Cabinet in mid-January.
"It's like the principle that the polluter pays happen to volunteer," said Mario Rodriguez, director of Greenpeace Spain. " If there is a signed policy, you make sure that the culprit, for example, a spill, the polluter pays. If not, go to court to demand it. In the end, this reform means that environmental groups touches us toil away in the quarter to go to court to seek redress when there is an accident. Experience shows that, as there is no warranty or guarantee, does not pay the tato "he says. "With the current law, you needed permission from the administration. Now with communicating risk prevention plan will suffice. It will depend on the willingness of operators. The reform seems a disguised amnesty for most companies, "he adds.
Guillermina Yanguas, CEO of Quality and Environmental Assessment and Natural Environment, said " Spain took a bold step " in 2007 to require financial guarantee companies. The law trasponÃ_a a European directive on environmental liability, as Yanguas remember, gave freedom to the States to decide whether their companies forced to sign guarantees or insurance. " The socialist government itself realized that the requirement was too " he says. He explains that it is not the same as a car repair or a dry cleaner or a cement chemistry. With the reform, the ministry seeks companies with the greatest potential to cause damage or increased level of accident - 5470 operators are obliged to provide guarantees " in June this year." The determination of the amount of those interests, says: "It is the operator 's own interest to have well covered the damage that can occur." To volunteer "does not prevent the Administration revise" he adds.
Rita Rodriguez, however, concerned that " everything is in the hands of the operator. He evaluates his own risk and decides the amount of the guarantee. Are you going to review next? "Asks. " And it is less clear that a small or medium business, as a body shop, can do no harm," he adds. Mario Rodriguez also uses this example: " A workshop will break a used oil tank and enters the sewer. Before, if released, an insurer responded and paid the damage. What now? ".
Tags: contaminated, pays