enviCHECK®
Almost all manufacturing companies are subject to the Environmental Damage Act (USchadG), a new public law of strict liability, retroactively valid from 04/07/2007. All other "professional activities" are subject to a fault-based liability.
In case a company is in danger of causing damage to soil, water or animals, plants and habitats protected by community law, the technical authorities will demand prevention and clean-up measures until the original state has been re-established. Those redevelopment obligations are binding, regardless of the value of protective goods or the affectedness of third parties. Particularly the costs of biodiversity losses are almost impossible to quantify.
The established absolute liability for the effect on communal-legislatively protected species and living areas is relevant not only within the protective areas (Natura, 2000). Also, with approach to such protective areas the risk of a negative effect (e.g. through emissions, sound, ground water withdrawal etc.) increases.
In 2006 the UMR already generated the “liability potential map” Germany.
This spatial risk assessment illustrates the relation between liability-releasing protective areas (Natura, 2000) and enterprise locations (Eipper, C.; Wöhlke, B.: Liability potential map for environmental damage In: Environmental magazine, 6/2006, S. 50-51, liability potential map).
The essential risk-triggers of the USchadG are:
Approved company does not protect against claim and cost carrying!
- Environmental associations may request professional authorities to become active and co-decide on necessary measures!
- Costs for redevelopment measures to re-establish the original state are hardly calculable, so that all-inclusive insurance sums of the environmental damage most likely are not sufficient.
- Current insurance solutions exhibit gaps of coverage (incident covering and extensive exclusion clause catalogue).
- Individual states “Bundesländer” may carry out protective enlargements, but also create cost exemption (juridical insecurity)
Almost all manufacturing companies fall under the public law of strict liability for the environmental damage caused. However, most companies feel safe as in recent years the distribution of standardized and very favorable environmental damage insurance policies was common habit. The fact that those regularly show no risk- adequate insurance sum while simultaneously exhibiting a massive exclusion clause catalogue, has not yet struck in the absence of prosecuted environmental cases of damage.
According to a geo-statistical evaluation by the UMR, 79% of the examined companies are in a bordering location or in relevant reach to protected “ecotopes”. This knowledge should entice companies now to assess their actual risk situation and arm themselves with an adequate and individual insurance cover.
Entrepreneurs should check all business environmental influences about all environmental paths (ground, water, air) from that point of view whether animals, plants or biotopes could be damaged. Through continuous documentation of relevant information as well as the development of a risk communication a potential claim can be counteracted.
Current Cases covered by the press
The discrepancy between prosecuted "environmental cases of damage" which have taken place in Germany is still high - nevertheless, at present, there are cases.
Three current media reports show the following:
- Impairment of bat habitats during reconstruction of a building (MOZ 18.03.10: Nature conservation authority stopped the demolition)
- Beside the problems of harmful building substances, pollution and contamination problems, the impairment of protected species, for example protected bat occurrences, need to be taken into consideration to avoid the termination of the reconstruction project.
- Destroyed brook mussels in the Nebelbach (Augsburger Allgemeine, 1/21/2010)
- Preliminary proceedings because of ploughing up of grassland (Goettingen Daily Paper 5/5/2010: Town investigates because of possible environmental damage)
- Also natural living areas like in this case a meadowland surface poor in nutrient, are protected according to the USchadG and through impairment may act as triggers for a claim.
For as little as € 250 (plus VAT) our enviCheck® illustrates your location risk.
With pleasure we will develop a customized risk analysis proposal for you:
0911 / 946 37 73
Are you interested?
Feel free to call me.
Dipl.-Geoökol.
Claudia Morgenstern
Environmental Consultant
(+49) 911/9 46 37 73
