El 25 de octubre de 2007 entra en vigor en España la Ley 26/2007 de Responsabilidad
Medioambiental, en relación con la prevención y reparación de daños medioambientales,
con los principios de prevención y de que «quien contamina paga».
Es una responsabilidad administrativa, objetiva e ilimitada, es decir, la exige la Administración pública, aunque no exista dolo, culpa o negligencia, y es independiente de la responsabilidad civil o penal que pueda exigirse por el mismo hecho. Esta responsabilidad puede ser exigible hasta los 30 años posteriores a la fecha en la que se causó el daño y se deben de realizar las acciones necesarias para reparar el Medio Ambiente, dejándolo en el estado inmediatamente anterior al daño sufrido, realizando las acciones de Reparaciones Primaria, Complementaria y Compensatoria.
El ámbito de aplicación de la Ley incluye los daños y las amenazas inminentes de daños a las aguas, tanto superficiales como subterráneas, a la ribera del mar y de las rías, al suelo y a las especies de flora y fauna silvestres, así como a los hábitats.
Se establece Concurrencia entre la responsabilidad medioambiental y las sanciones penales
y administrativas, dando a conocer la identidad de los operadores responsables.
Entre otras empresas que deben de tener en cuenta el cumplimiento de la Ley, citamos las más cercanas: Fábricas de piensos, Papeleras, Desguaces, Establecimientos con depósitos de combustible, Talleres de automóviles, Gasolineras, Trasporte de mercancías peligrosas, Industrias cárnicas y mataderos, Granjas de cerdos y aves de corral.
Los operadores, sin perjuicio de las exenciones previstas, deberán disponer de una garantía financiera que les permita hacer frente a la responsabilidad y deberán comunicar a la autoridad competente la constitución de la garantía financiera a la que vengan obligados.
Para saber el importe mínimo necesario que el operador necesita como garantía financiera, se puede calcular a través de un análisis de riesgos medioambientales (ARMA), a través del cual se detallaran los escenarios accidentales y cuantificar los daños.
La garantía financiera obligatoria, entre otros medios, se puede aportar a través de la contratación de un Seguro de Responsabilidad Medioambiental, que es la más ventajosa, incluyendo la ejecución de las acciones exigidas en la Ley, no compromete la capacidad económica del operador y entre otras garantías dispone de gastos de defensa y fianzas.
Las granjas y aves de corral disponen hasta el 16 de octubre de 2022 para la constitución de
la Garantía Financiera.
Siempre hay que tener en cuenta que en caso de que un operador cause daños al Medioambiente, aunque no esté obligado a la constitución de la garantía Financiera, no queda exento del cumplimiento de la Ley Medioambiental y de responder de los posibles daños y reparaciones.
Quedamos a su disposición en el teléfono 974 519 751 o en seguros@tagse.com con el fin
de ampliarles la información detallada e informarles del coste de la póliza de Responsabilidad Civil medioambiental, y dar cumplimento a la Ley Medioambiental 26/2007.
60 comentarios en «CUMPLIMIENTO DE LA LEY MEDIOAMBIENTAL 26/2007»
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