“environmental Liability Insurance In Europe: Coverage And Considerations” – Considering the potentially serious effects of environmental damage, it is essential for companies to assess, reduce and protect these risks.

At Allianz, we understand the importance of environmental responsibility and help companies navigate this complex environment. Our team of experienced underwriters specialize in custom liability insurance and provide solutions tailored to the specific environmental risks companies face.

“environmental Liability Insurance In Europe: Coverage And Considerations”

Allianz will assume all risks on its merits. The capacity and coverage offered to each customer depends on the risks, Nat Cat disclosures, ratings, terms and conditions. Products and services described on this page may not be available in all locations. This is for your general information only.

Understanding The Proposed Eu Green Claims Directive, Ruth Kilsby

Our onsite pollution solutions can help mitigate and protect your business from a wide range of environmental liability risks, from pollution to damage to biodiversity. These solutions are suitable for companies with factories, distribution centers, laboratories, warehouses and even retail stores.

We also offer remediation contractors to protect your company’s reputation and finances if your work on a construction site is alleged to have a negative impact on the environment. Ideally, these solutions can be written in a specific implementation or project.

Partner with us for liability insurance and you’ll also have access to 24/7 emergency response services.

The Allianz approach has now been introduced in the first markets (Australia, France, Germany and the UK). Allianz plays a fully integrated marketing role with a consistent global approach to procurement and products, strong local delivery through a single team, greater appetite for risk and integrated delivery. This approach will be implemented in other markets around the world in the coming months.

Global Claims Review: Annual Report

Limit the financial impact of environmental risks. Liability insurance covers the cost of repairing any damage. Kleoniki Pouikli Course Director in Environmental Law – ERA Academy of European Law EJTN Administrative Law Project Judicial Training on EU Environmental Law Trier, July 9-10, 2018

2 Content Directive 2004/35/EC on Environmental Liability for the Prevention and Remediation of Environmental Damage (ELD) Background and adoption of the transfer of the main provisions Status of implementation Division between Member States Problems of national reports and REFIT Multiannual work program of the Council of Europe Resolution 1 EJTN European Administrative Law Training Program on EU Environmental Law, 9-10 July 2018

European Commission – Green Paper on Environmental Damage Remediation (1993) Council of Europe – Lugano Convention (1993) Erica Oil Spill (1999) European Commission – White Paper on Environmental Liability (2000) on ELD (Recommendations) Liability Guidelines to Environment for the Prevention and Remediation of Environmental Damage presented by the European Commission [2002] The legal process led to the revision of the proposed directive and the presentation of alternatives [ ] strong opposition to the proposed directive [ ] industrial unions and employers in Europe. (UNIS; hereinafter European Business) Association of European Chambers of Commerce and Industry, European Association of Crafts, Small and Medium Enterprises, European Business, European Insurance Confederation and European Committee of Guarantees (CEA; hereinafter European Insurance) 2 Legal Education Legal Draft EU Environment, 9-10 July, 2018

It is the first EU law to explicitly state that the polluter principle applies to the accidental destruction of the environment. Integration of the ELD with other EU legislation, in particular the Habitats Directive, the Birds Directive, the Water Horizon Directive, minimum harmonisation. Establishing minimum standards consistent with a high level of environmental protection that only; Prevention and treatment of environmental damage to reduce the number of contaminated sites in the future of the European Union to help reduce environmental damage. Biodiversity in the EU imposing liability for damage to protected species and natural habitats under the Birds and Habitats Directive 3 EJTN Administrative Law Project Judicial Training on EU Environmental Law, 9-10 July 2018

Claims Issues To Watch: Esg Risks

5 Transposition April 30, 2007: Deadline for transposition into domestic MS transposition laws by Hungary, Italy, Latvia, Lithuania European Commission initiates infringement proceedings against other MS 2008: Court of Justice of the European Union (CJEU) rules against Austria. , Finland, France, Greece, Luxembourg, Slovenia, UK to fail ELD transition June 30, 2010: Transition by all member states Many member states used the transition date as the effective date for ELD implementation. August 2013: Italy amends its transfer law to be fully compliant. Judicial Training Law Project on Environmental Law Processes in the European Union, July 9-10, 2018

Key Provisions: ELD places responsibility on the operator to prevent and address the imminent threat of real or environmental harm [Art. 3 (1) ELD] serious responsibility for the activities foreseen by EU law [Art. 2(1) and 3(1) ELD] applies to the following: Land degradation threshold: “Any contamination of land that poses a significant risk to human health, as a result of entering directly or indirectly into, on or under the ground Earth is adversely affected. A substance, preparation, organism, or microorganism” water damage threshold: “Any damage that adversely affects: (1) the ecological status, quantity, or chemical or ecological potential, as defined in the [WFD], of the water involved; or (ii) the environmental status of the marine waters concerned, as defined in the [MSFD], to the extent that all aspects of the environmental status of the marine environment have not been addressed by the [WFD]” extent of damage to biodiversity. : “Each . Damage that has a significant adverse effect on the achievement or maintenance of desirable conservation status of [protected] habitats or species.” Fault-based liability for non-Annex III activities applies only to damage to biodiversity. Trier, July 9-10, 2018

Annex III activities in 12 categories of EU legislation include: Waste management Spillage into surface and groundwater Absorption and storage of hazardous substances, pesticides and other plant protection products and biochemicals Industrial emissions Seveso III Directive Hazardous genetics Directive Genetic transport. Adding two additional categories of EU legislation to Annex III activities: extractive waste management (Mineral Waste Directive (2006/21/EC)) operation of carbon dioxide storage facilities (Geological Carbon Dioxide Storage Directive (2009) /31/CE)) 6 EJTN Administrative Law Project Judicial Training on EU Environmental Law, July 9-10, 2018

The threat of damage to the environment [Art. 5 ELD] The operator must: take preventive measures “without delay”, notify the authorities “without delay” if the measures cannot eliminate the risk of harm. 6 ELD] notify competent authorities “without delay” – implement emergency corrective actions “immediately” – implement corrective actions agreed upon by competent authorities

Laws Of Environmental Liability, Harm And Criminal Actions

Land damage [Appendix II, 2 ELD] Eliminate, control, limit or reduce significant risks that adversely affect human health, taking into account the current or future use of the certified land in case of damage to water and biodiversity [Appendix II , 1] ELD] Initial correction and restoration to the original line Supplemental repair (if the damaged site cannot be fully repaired, reconstruction of an alternative site in addition to partial repair of the damaged site) Compensation (temporary loss between the time of environmental damage and repair Full). Finding, stabilizing or improving similar or new natural resources at damaged sites and/or alternative sites

Exceptions – Article 4 of the ELD Law in the case of armed conflict, conflict, civil war or insurrection (including terrorism) outstanding, unavoidable and persistent natural phenomena of the Convention on Nuclear Pollution, Marine Oil and the Transport of Dangerous Goods is the main purpose of the service . National defense or international security is an activity whose sole purpose is to protect against natural disasters. Prevention – Article 8 (3) and (4) ELD Prevention of intentional action by a third party if safety measures are mandatory in accordance with the order. Prevention instead of tracking allows the operator not to miss the state of the art if the operator is not negligent

30 April 2013: Deadline for Member States to report to the European Commission on ELD implementation No ELD event: Austria, Cyprus, Czech Republic, Denmark, France, Ireland, Luxembourg, Slovakia, Slovenia Between 1 and 10 events: Belgium, Bulgaria, Estonia, Finland, Lithuania, Malta, Netherlands, Portugal, Romania, Sweden Between 10 and 20 events Italy, Latvia, Portugal, Spain, United Kingdom (Italy reported 5,000 potential warning events, of which 1,000, and analyzed 17 ) between 50 and 60 events Greece, Germany Poland 506 events Hungary 563 events 10 EJTN Administrative Law Project Judicial Training on EU Environmental Law, 9-10 July 2018


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