By Organisation for Economic Co-Operation and Development
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Extra info for Environmental Risks and Insurance: A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks
E. bodily injuries, property damage and economic loss) caused by pollution; such damages, therefore, would continue to receive protection under the existing national laws. As for the allocation of concurrent liabilities, the proposal states that where the competent authority is able to establish with a sufficient degree of plausibility and probability that one and the same instance of damage has been caused by the actions or omissions of several operators, member States may provide either that the relevant operators are to be held jointly and severally liable for that damage or that the competent authority is to apportion the share of the costs to be borne by each operator on a fair and reasonable basis.
Limits of the liability regime As already pointed out, the social allocation of pollution risks and costs by way of an environmental liability regime does not appear to be appropriate in certain situations. In particular, a liability regime should certainly not cover: ● Historic pollution. ● Pollution for which a causal relation to a responsible party cannot be established.
Liability is strict and the polluter is also required to notify the local authorities immediately, who have the power to issue compulsory cleanup orders. 52 It shall be noted, furthermore, that article 58 Legislative Decree No. 152 of 11 May 1999 introduced similar obligations on the causer of water damage. It shall be noted that, in both cases, compulsory cleanup orders are backed by criminal sanctions (art. 58 Legislative Decree No. 152 of 11 May 1999 and art. 51 bis of the Ronchi Decree). : Law No.
Environmental Risks and Insurance: A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks by Organisation for Economic Co-Operation and Development