Environmental liability

Environmental liability

Environmental risks are increasingly present in companies day to day. Protect your company with insurance adapted to Portuguese legislation.

More and more companies are aware of the environmental problems that their activity can cause. Accidents happen and that’s why insurance exists.



What is Environmental Liability?

It is a set of attitudes (individual or business) that have something to do with the economic growth to protect the environment today and for future generations, guaranteeing sustainability.

Legal Framework

Community – Directive 2004/35 / EC, of April 21, 2004

Regarding environmental liability in terms of preventing and remedying environmental damage

Nacional – Decree-Law no. 147/2008, of 29 July

Transposes Directive 2004/35 / EC of the European Parliament and of the Council into national law

Legal Regime

“Polluter Pays” Principle;

The idea that the environment is a collective good, that it belongs to everyone and that it needs protection (administrative liability);

Reimbursement not only for damages (assumption of Liability) but also for the imminent threats of such damages (Art. 2, paragraph 1 of Decree-Law 147/2008);

Only after 30 years  the damages caused by any emissions, events or incidents are prescribed;


The Directive considers three types of environmental damage: Damage caused to protected species and natural habitats:

  • Water damage
  • Damage to the soil

The Directive considers two aspects of damage to the environment:

  • Prevention
  • Repair


Today there are already solutions for companies. Some higher risk activities have several good alternatives in the market:

  • Metallurgy and metalworking
  • Textiles and clothing
  • Shoe
  • Plastics and rubber
  • Paper
  • Drinks and food
  • Hospitality
  • Ceramics
  • Woods
  • Comprehensive management of all types of waste
  • Ports, logistics centers, airports, transport terminals (passengers and goods)
  • Agricultural sectors, livestock, wineries and food sector
  • Pharmaceuticals

Insurance Companies are

Related article

Environmental liability

Environmental liability

Environmental risks are a reality increasingly present in business activity. Protect your company with an insurance adapted to the Portuguese legislation. Read more