New environmental liability law in Spain

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Last 24 October 2007 the Official State Bulletin (BOE) Law 26/2007of 23 October on Environmental Liability was published. This text aims to transpose European Directive 2004/35/CE, of 21 April on Environmental Liability which seeks to achieve the prevention and remedying of environmental damage.

It establishes a framework based on the 'polluter pays and repair' principle, according to which the polluter pays when environmental damage occurs.

One of the main obligations arising from the application of this regulatory framework is the constitution of a FINANCIAL GUARANTEE which description is included in Annex III.

The Guarantee’s constitution date will be established by the Ministry of Environment and approved from 30 April 2010 onwards. The financial guarantee amount will start from the ENVIRONMENTAL RISK ASSESSMENT of the activities and the calculation of the remedying costs associated to environmentally damaged scenarios.

The Mediterra multidisciplinary team specializes in the application of ERA techniques to industries and companies at both national and International levels using the most modern and advanced methodologies and tools.

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