Environmental Responsibility (DL 147/2008)

diploma under Environmental Responsibility

The Environmental Responsibility Diploma (Decree-Law nº 147/2008) Establishes the legal framework of environmental liability, based on the polluter pays. This scheme applies to any natural or legal person, public or private, to execute, control, registering or notifying an occupational activity (paragraph l) 1 of art. 11. The occupational activities that are subject to this law are described in Annex III thereof, and include activities, for example, the sector of transport, energy, metallurgical industry, food industry (slaughterhouse), among others.

What is meant by environmental damage?

• damage to protected species and natural habitats;
• Water-damage;
• Land damage.

What are the obligations?

The operator is responsible for the adoption of preventive and remedial measures for damage or threats. In this way, shall be financial guarantees to enable it to assume environmental responsibility inherent in the activity carried out.

What kind of guarantees can be made?

• insurance policies underwriting;
• Obtaining banking guarantees;
• Participation in environmental funds;
• Constitution of reserved capital for the purpose.

How do you determine the value of financial guarantees?

The amount of financial security to be provided should be established by the operator. It can be made an estimate of the costs of measures to prevent and repair the damage that potentially can exitir, relative to baseline (initial state). Thus, the amount is calculated based on the risk associated with the activity in question.

The non-adoption of preventive measures, the remedial measures or the absence of a financial guarantee may represent a very serious offense. This can be sanctioned.

A APO Partner with specialized technicians who analyze and evaluate the environmental risk as Decree-Law nº 147/2008.

Our support focuses on the following phases:

• To characterize the initial state, assessing potential contamination of soil or groundwater;

• Analysis and evaluation of environmental risks;

• Estimated costs of environmental damage.