Henan pilot environmental pollution compulsory insurance enterprise pollution loss insurance enterprise compensation

Abstract Some companies cause pollution, so that they can't afford to lose money. What should I do? Recently, the Provincial Environmental Protection Department and the Henan Insurance Regulatory Bureau jointly issued the "Implementation Opinions on the Pilot Work on Environmental Pollution Compulsory Liability Insurance" (hereinafter referred to as "Opinions"), "Pollution...
Some companies cause pollution, so that it can not afford to lose money, what can we do? A few days ago, the Provincial Environmental Protection Department and the Henan Insurance Regulatory Bureau jointly issued the "Implementation Opinions on the Pilot Work on Environmental Pollution Compulsory Liability Insurance" (hereinafter referred to as "Opinions"), and the situation that "pollution enterprises profit and damage everyone's bills" is expected to be reversed.


Our province issued an opinion to promote the pilot of environmental pollution compulsory liability insurance

Why should you insure for pollution?

According to estimates by authoritative departments, the direct economic losses caused by environmental pollution in China amount to 120 billion yuan each year. In the event of a major environmental pollution accident, in the face of huge compensation and pollution control costs, even if the accident enterprise loses its production, the victims often fail to receive timely compensation, and ultimately the government and society can only pay for it.

The relevant person in charge of the Policy and Regulation Department of the Provincial Environmental Protection Department said that “pollution insurance” is actually equivalent to “green insurance”. Once a company causes losses due to pollution accidents, it can reduce losses by means of insurance compensation.

Some people have raised questions. Does it mean that insurance can be “safe”?

The person in charge said that the "pollution insurance" payment is only for pollution accidents, and the company's pollution behavior will still be severely investigated and dealt with by the environmental protection department. Criminal investigation is also required to investigate the criminal responsibility. It does not mean that the enterprise can save the insurance premium. Casually drained.

In accordance with the requirements of the "Opinions", the environmental protection department should take the lead in setting up a pilot group for pilot work on environmental pollution compulsory liability insurance to unify the pilot work on compulsory liability insurance for environmental pollution.

status quo

Environmental pollution insurance has been advocated nationwide for 7 years and corporate enthusiasm has not been high

It is reported that the United States established a special environmental protection insurance company in 1988. In December 2007, the former State Environmental Protection Administration and the China Insurance Regulatory Commission jointly issued the "Guiding Opinions on Environmental Pollution Liability Insurance Work", and Hunan, Jiangsu and other provinces and cities began piloting.

On September 28, 2008, a hydrogen chloride gas leak occurred in Zhuhua City, Hunan Province. In July 2008, the company insured the environmental pollution liability insurance underwritten by Ping An Property & Casualty. According to the relevant provisions, Ping An Property Insurance and the villagers reached a compensation agreement, and the indemnity will be paid to the villagers in less than 10 days. This claim is called the first case of environmental pollution liability insurance in China.

However, according to statistics from relevant people, the insurance coverage rate of “pollution insurance” in some pilot areas in China has been declining year by year.

Wu Yan, chairman of PICC Group, believes that from the perspective of enterprises, due to the low cost of non-compliance and the lack of an effective accountability system, enterprises believe that even if an environmental pollution accident occurs, the government will only pay for the bill. Civil compensation can be made, resulting in insufficient effective insurance demand.


The country’s direction is not clear

Last year, the Ministry of Environmental Protection and the China Insurance Regulatory Commission jointly issued the "Guiding Opinions on the Pilot Work on Compulsory Liability Insurance for Environmental Pollution" and launched the pilot work on compulsory liability insurance for environmental pollution in China.

In this province, the province clearly clarifies and encourages enterprises to actively insure environmental pollution liability insurance. The enterprises involved in the production and discharge of heavy metal pollutants in key industries within the scope of heavy metal pollution prevention and control are the first to carry out pilot work on compulsory liability insurance. On the basis of establishing a relatively complete environmental pollution liability insurance insurance and claims system in relevant industries, it will be gradually promoted, and finally reach the full coverage of key industries and key enterprises.

But does this mean that China started compulsory insurance for environmental pollution, and all concerned are cautious.

Zhu Ming, a professor at the Department of Risk Management and Insurance at Nankai University, said that environmental liability has received much attention because of its public interest. Whether it is necessary to “force” has always been the focus of discussion in the industry. In the newly revised Environmental Protection Law, its name is “Environmental Pollution Liability Insurance”, which means that the mandatory requirements have yet to be clarified.


Increase policy guidance to attract more companies to voluntarily insure

At present, most enterprises are encouraged to voluntarily purchase environmental pollution liability insurance, and to impose mandatory environmental pollution liability insurance for areas or industries with high risks and serious pollution.

However, some people in the industry have analyzed from the perspective of insurance companies. If most companies are not insured, only some enterprises with outstanding risks are insured. Under the condition of low insurance coverage, it is difficult to achieve full dispersion and sharing of environmental risks.

Recently, Zhou Ning of the School of Economics of Nanjing University of Finance and Economics and Zhang Cheng of the Institute of Industrial Economics of the Chinese Academy of Social Sciences jointly issued a document saying that the government should introduce preferential policies to encourage enterprises to purchase “pollution insurance”. For example, the enterprise insurance premiums are paid before the tax, or the sewage charges paid by the enterprises are subsidized to the enterprise according to a certain proportion, as the insurance premiums.

Zhu Minglai believes that it is an indirect compulsory to guide enterprises to insure through the improvement of the legal system. For example, in the new environmental protection law, the company has designed a fine daily penalty rule for the problem of low legal cost of enterprises. High compensation will prompt enterprises to actively insure.

The "Opinions" also clarified that the environmental protection department, together with the local financial department, should arrange for the pollution prevention and control projects of the insured enterprises when arranging special funds for environmental protection or special funds for prevention and control of heavy metal pollution; Banking financial institutions give priority to credit support.


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