Recently, Shandong Provincial Bureau of Ecological Environment, Shandong Provincial Financial Supervision and Administration and Shandong Supervision and Administration of China Banking and Insurance Regulatory Commission jointly issued "Measures for the Implementation of Enterprise Environmental Pollution Liability Insurance in Shandong Province" (hereinafter referred to as "Measures"), which clearly stipulated the insurance and insurance, liability scope, risk assessment and investigation, and compensation procedures of enterprise environmental pollution liability insurance. And so on. The Measures shall come into force on March 1, 2019 and shall be valid until March 1, 2022.
According to the relevant person in charge of the administrative law of the Provincial Department of Ecological Environment, the promulgation of the Measures marks three transformations in Shandong's environmental pollution liability insurance: from the pilot stage to the comprehensive implementation stage; from relying entirely on voluntary insurance by enterprises to combining compulsory insurance by high-risk enterprises with voluntary insurance by other enterprises; and from making rules by municipalities themselves to formulating unified insurance by the whole province. The change of insurance clause, basic premium rate and its adjustment coefficient.
The Measures stipulate that environmental high-risk enterprises should insure environmental liability insurance. Including enterprises engaged in oil and gas exploitation, basic chemical raw materials manufacturing, synthetic materials manufacturing, chemical raw materials manufacturing, mobile flaw detection and logging operations of high-risk radioactive sources of category III and above, enterprises collecting, storing, utilizing and disposing of hazardous wastes, enterprises building or using tailings depots, enterprises operating liquid chemical terminals, oil and gas terminals, and enterprises with heavy gold. It belongs to the enterprises that discharge pollutants; the key enterprises that discharge pollutants in chemical, metallurgical, thermal power, coking, papermaking, printing and dyeing industries. The Measures encourage enterprises outside the scope mentioned above to voluntarily insure environmental liability insurance.
The insured enterprise may compensate for the third party's personal injury, third party's property damage, ecological environment damage compensation and emergency disposal expenses caused by environmental pollution through the insured company. According to the different degree of environmental risk, enterprises can be divided into three categories: general environmental risk, larger environmental risk and major environmental risk. Different risk categories implement different premium rates. In order to ensure the fairness and impartiality of environmental liability insurance, Shandong implements the "three unification" of the whole province, namely, unified insurance clauses, basic insurance premium rate and its adjustment coefficient, and carries out floating premium rate according to the change of the insured's environmental risk. An insurance cycle is three years. The insurance contract is signed every year. If there is no accident in the previous cycle, the premium for renewal will be preferential. If there is an accident, the premium for renewal will rise, and the preferential premium and the premium for renewal will not exceed 30%.
The Measures clarify the non-compensation situation, including damage caused by irresistible natural disasters; damage directly caused by environmental pollution crimes; damage directly caused by illegal discharge of pollutants by intentional evasion of supervision through covert pipes, seepage wells, seepage pits and perfusion; damage directly caused by unreformed potential environmental safety hazards detected; and damage determined by laws and regulations can not be avoided. Other circumstances of compensation. In addition, the Measures stipulate detailed claims settlement procedures and other matters needing attention.
For enterprises that should be insured but have not been insured or renewed in accordance with the provisions, the Measures stipulate that the competent department of ecological environment in the place where the enterprise is located shall order them to be insured or renewed within a time limit and evaluate their environmental credit through the enterprise environmental credit evaluation system of Shandong Province.
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