Abstract Recently, the General Office of the Ministry of Environmental Protection issued the "Circular on Public Consultation." The Ministry of Environmental Protection introduced the "Overall Plan for the Reform of Ecological Civilization System" issued by the Party Central Committee and the State Council on "Building a mandatory responsibility for environmental pollution in high-risk areas of the environment...
A few days ago, the General Office of the Ministry of Environmental Protection issued the "Circular on Public Consultation." The Ministry of Environmental Protection introduced the work plan for the establishment of the “Environmental Pollution Compulsory Liability Insurance System in the High-risk Areas of the Environment†for the implementation of the “Overall Plan for the Reform of the Ecological Civilization System†issued by the Party Central Committee and the State Council, according to the People's Bank of China, the Ministry of Environmental Protection, and the China Insurance Regulatory Commission. The Ministry of Environmental Protection and the China Insurance Regulatory Commission jointly researched and formulated the "Environmental Opinions on Building a Green Financial System" jointly issued by the department (Yinfa [2016] No. 228) on the requirements of "the environmental protection department and the insurance regulatory authorities issue implementation regulations." Measures for the Administration of Pollution Compulsory Liability Insurance (Draft for Comment) (hereinafter referred to as "Measures (Draft for Comment)").
All agencies, enterprises, institutions and individuals may submit opinions and suggestions to the Ministry of Environmental Protection and the China Insurance Regulatory Commission. The deadline for comments is July 10, 2017.
The "Measures (Draft for Comment)" is divided into six chapters, a total of 29 articles.
The "Measures (Draft for Comment)" defines the insurance subject of environmental pollution compulsory liability insurance as "the liability for damages caused by enterprises and institutions engaged in environmental high-risk production and management activities or other production and operation operators due to their environmental pollution."
The specific scope of protection mainly includes third-party personal injury, third-party property damage, emergency disposal and cleaning costs, and ecological environment damage caused by sudden environmental incidents. It also includes the third cause of environmental pollution caused by enterprises during production and operation. Personal injury, third party property damage, emergency disposal and cleaning costs.
In addition, environmental risk assessment and investigation is an important part of the compulsory liability insurance for environmental pollution, which directly affects the insurance premium rate and the environmental risk management of the insured enterprise. The "Measures (Draft for Comment)" stipulates that: before the insurance company underwrites, it shall conduct environmental risk investigation and grasp the environmental risk level of the enterprise. During the insurance period, the insurance company shall conduct an “environmental health check†for the insured enterprise, that is, check the environmental risks and give full play to the risk prevention function of the insurance system.
In terms of punishment measures, for environmentally-risk enterprises that should be insured and fail to insure or renew in accordance with regulations, the environmental protection department in charge of the environmentally-high-risk enterprise shall order it to be insured or renewed within a time limit, and impose a fine of not more than 30,000 yuan.
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