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Seguro de Responsabilidade Ambiental Environmental Risk and the Environmental Liability Directive. Duncan Spencer Vice President. Contents. What is Environmental Risk? The Environmental Liability Directive Lessons From the Rest of Europe The Benefits of EIL Insurance Key Issues.

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seguro de responsabilidade ambiental environmental risk and the environmental liability directive

Seguro de Responsabilidade AmbientalEnvironmental Risk and the Environmental Liability Directive

Duncan Spencer

Vice President

contents
Contents
  • What is Environmental Risk?
  • The Environmental Liability Directive
  • Lessons From the Rest of Europe
  • The Benefits of EIL Insurance
  • Key Issues
risk assessment
Risk Assessment

Receptor

Pathway

Source

risk and time
Risk and Time

Change in Use

Liability

Poor Management

Leaking Drums

Time

the environmental liability directive
The Environmental Liability Directive
  • Law in Europe since April 2007
    • Remediation of Environmental Damage; or
    • The Imminent Threat of Environmental Damage
  • Applies to;
    • serious damage to EU protected species and habitats or damage to Sites of Special Scientific Interest (SSSI)
    • serious damage to water
    • land contamination that adversely affects human health.
remediation
Remediation
  • Primary
    • Return land to original state
    • Physical remediation
  • Complimentary
    • Realise full consequence of the damage
    • Used when original site cannot be repaired
  • Compensatory
    • Replaces loss of interim benefit
    • Can be at the damaged or alternative site
equivalency analysis
Equivalency Analysis
  • Quantify Remediation
  • Economists + Ecologists together
  • Habitat Equivalency Analysis
    • Service x area x time
  • Resource Equivalency Analysis
    • Fish months
  • Allows time factor to be applied
liability regime
Liability Regime

Liability

  • Strict Liability for Annex III Activities
  • Fault Based for all others

Defences

  • Force Majeure
  • Authorised Activities
  • Technology at that time
what types of company should be concerned
What Types of Company Should be Concerned?
  • EU IPPC Licensed Activities
  • Waste Management
  • Discharges to Surface and Groundwater
  • Abstraction of water
  • Manufacture and Use of Haz Mat
  • Transport of Haz Mat
  • Use and transport of GMO
  • Trans-boundary Shipment of Waste
lessons from the rest of europe
Lessons from the Rest of Europe
  • DEFRA July 2010
    • c. 50 ELD Claims Across Europe
    • Little information on events
  • In the UK, 4 claims
    • United Utilities
    • Residential Heating Oil
    • Small Chemical Spill
    • Road Tanker Spill
  • Many more non ELD Claims…
gaps in existing insurance
Gaps in Existing Insurance
  • Gradual pollution
  • Historical pollution events
  • Bartoline case
  • Compensatory remediation
  • Complementary remediation
the role of eil insurance
The Role of EIL Insurance
  • Ensures that risk is transferred
  • Allows the market to adjust
  • Covers:
    • ELD Liability
    • Third Party Liability
    • Pollution and Non Pollution Damage
  • Includes Insureds “business”
  • Provides Claims Support
key issues
Key Issues
  • Environmental risk includes both ELD & Pollution
  • Consideration should be given to:
    • Existing insurance
    • All liabilities (operational but also historical)
    • How would an event be managed
  • Therefore, insureds need to work with:
    • Broker
    • Consultant
    • Underwriter
contact details
Contact Details

Duncan Spencer

Liberty Mutual Insurance Europe Limited, London