The government on Friday approved the draft Environmental Liability Act that blames the companies for damage committed to the environment. The rule will affect about 5,000 companies, other transport 30,000 and one million farms. A percentage of them shall, from 2010, to obtain insurance.
“The Environment Minister, Cristina Narbona, was gratified by the presentation of this bill, the tenth presenting his department in this term, ‘which looks to comply with a constitutional provision by which all citizens are entitled to enjoy an appropriate environment, “he said.
In the press conference after the Council of Ministers, Narbonne justified the appropriateness of the law because 25% of the surface of Spain is ranked as a special area of conservation, including within the Natura 2000 network, ‘and by the apathy that has produced so far in the pursuit of environmental damage ‘. Just recalled that the Government and the Government of Andalusia and has spent more than 75 million in repair work for damage caused by the rupture of Boliden tailings pond in Aznalcóllar (Sevilla). The cost has soared in the decontamination of the swamp of Flix (Tarragona), whose bill exceeds 150 million.
The rule will affect, as contained in an annex to the law, 5,000 companies, a million farms and cattle, 30,000 transport firms and 1,000 dams and mining pools. A party shall sign, before 2010, a financial guarantee (which shall not exceed EUR 20 million) to cover possible damage to the environment they commit.
Within this group, companies whose potential environmental risk is estimated at two million euros must sign a financial guarantee (guarantee or insurance). Be exempt those whose damage is below 300,000 euros or using plant protection products for agricultural purposes, whereas if the damage is between that figure and 2 million, the company is exempt if it has an environmental certification ISO 14001 or EMAS . Also exempt government contractors and public works, provided that the latter have an environmental impact statement.
Until 2010, the Environment develop a methodology to calculate the damage it may cause a company to the environment or biodiversity. For the creation of that model to the public company responsible Tragsatec conducting two pilots in the chemical industry and a pig farm, both located in Catalonia.
The law, which the Government intends to enter into force on 30 April will not have retroactive effect and will affect the damage that was done after approval. However, states that the liability of a possible ecological disaster will run until 30 years after it was committed.
Another novelty is the penalty system of fines that can reach two million and two years of closure in the case of very severe. It also establishes a transition period of limitation of damages, in the grave, the penalty barred if between damage and the imposition of the penalty after two years, in the very serious, is extended to three years the limitation period. “
