Brussels, 27/02/2003 (Agence Europe) - Representatives of employers (UNICE), Chambers of Commerce (Eurochambres), small and medium-sized companies (UEAPME), and insurers (BIPAR and the European Committee of Insurers) share the same concerns about the future environmental liability system that the proposal of directive of January 2002 aims to set in place.
They mainly fear the principle of unlimited liability and the compulsory nature of the insurance schemes for all kinds of environmental damage. They insist, in a joint statement, that all insurers do not at present have the means to provide the required insurance schemes given their lack of experience in the matter.
In the knowledge that the Environment Council will be holding a political debate on this proposal on 4 March, the four above-mentioned organisations urge the EU Environment Ministers and the Greek Presidency to "take the appropriate measures, which will allow the development of insurance solutions and guarantee an efficient protection of the European environment, while allowing businesses to grow and prosper in the spirit of sustainable development". In their view, the proposal on the table cannot meet these requirements without being amended along the lines they recommend. The arguments set out in their joint declaration are:
- The fact of making the insurance schemes compulsory do not guarantee their availability for most businesses, for two reasons: - environmental damage and damage to biodiversity in particular are new concepts and the insurance markets have no experience in the matter; - it is currently impossible to quantify the risks.
- The scope covered must be well-established and limited to the designated sites in order to form part of Natura 2000, the pan-European network for protected natural habitats.
- The current permit and state of the art exemption must be maintained. Permits are not a "licence to pollute" but a preventive instrument - they set out strict guidelines, drawn up by the authorities, taking into account specific health, safety and environmental concerns.
- There is a need to consider limited liability to maintain the profitability of firms, promote innovation and R&D and secure legal certainty.