National register of environmental managers

Surety Bonds Related to Environmental Management
National Register of Environmental Managers

Regulatory Framework
D.Lgs. 152/06: Establishes the National Register of Environmental Managers.
Replaces the previous National Register of Waste Managers under D.Lgs. 22/97.

Article 212 includes immediate provisions and anticipates future implementing decrees. Until these decrees are issued, compatible provisions from the previous legislation will remain in effect, including: D.M. 28.04.1998 n. 406: Regulation of the Register.
D.M. 23.04.1999: Financial guarantees for waste transport enterprises.
D.M. 05.02.2004: Financial guarantees for enterprises involved in the remediation of asbestos-containing materials.
D.M. 05.04.2005: Financial guarantees for enterprises engaged in site remediation activities.

General Overview
The National Register is maintained by the Ministry of the Environment and consists of a national committee and regional and provincial sections, located at the Chambers of Commerce in regional capitals and autonomous provinces.

Registration in the Register is required for the following activities:

Collection and transport of non-hazardous waste produced by third parties.
Collection and transport of hazardous waste.
Site remediation.
Remediation of asbestos-containing materials.
Trading and intermediation of waste without possession.
Management of waste disposal and recovery plants belonging to third parties.
Registration must be renewed every five years and constitutes the basis for exercising the aforementioned activities. For other activities, registration allows management of plants authorized for operation or execution of registered activities.

Each decision regarding registration is made by the regional section of the register where the legal entity is located, which must decide within 90 days of receiving the application. Following approval, the applicant has 90 days to provide the required financial guarantees. The regional section will then accept the guarantees and formalize the registration.

Activities subject to registration are categorized under DM 406/1998, which classifies them into various classes based on the size of the activities. These parameters influence the amount of guarantees required. For complete listings and guarantee amounts, refer to the website www.albogestoririfiuti.it.

Content and Scope of the Guarantee
Companies involved in waste collection and transport, intermediation, and trading (without possession) must provide guarantees in favor of the State.
Registration for activities related to the management of fixed waste disposal and recovery plants, site remediation, and remediation of asbestos-containing sites is contingent upon providing guarantees in favor of the relevant regional authority (instead of the State).
Until specific ministerial decrees are enacted, existing provisions from D.Lgs. 22/97 and Decree n. 406/98 will continue to apply.

Insurance Policy Terms
The policy exclusively covers the contractor's non-compliance committed during the period of registration in the National Register and guarantees any expenses incurred by the guaranteed entity arising from fraudulent or negligent actions of the company, following:

Transport and disposal of waste;
Remediation;
Restoration of contaminated facilities and areas;
Compensation for further environmental damage.
The five-year registration period begins from the date of the relevant resolution; after this period, the guarantee will remain valid for an additional two years to allow the Ministry of the Environment to verify any non-compliance committed by the company during the registration period.

If the conditions for invoking the policy are met, the guaranteed entity — with a motivated request sent to the Contractor as well — will invite the guarantor company to pay the amount due within the maximum limit of the guaranteed amount, following these procedures:

For the compensation of further environmental damage according to Part VI of Legislative Decree No. 152 of April 3, 2006, the Company will make the payment according to the procedures established by the same legislative decree.
Regarding the expenses related to transport and disposal of waste, remediation, or restoration of contaminated facilities or areas, payment will be made within 30 days of receiving the request.
The guarantee contract allows the guarantor institution the right to withdraw starting from the thirtieth day following the registered letter sent to the Ministry and the contractor.

It is provided that the guarantees will be reduced by 50% for companies registered under Regulation (EC) No. 761/2001 (EMAS) and by 40% for companies holding environmental certification under the UNI EN ISO 14001 standard. These reductions are immediately applicable for guarantees in favor of the State, while for guarantees in favor of the Regions, a ministerial decree is required.

Type of Guarantee
Contract guarantees

Group
Similar to those for contracts.

Claim Payment
In accordance with a motivated request from the Ministry of the Environment, the guarantor will pay:
Within 30 days without raising objections for the cases specified in points a) and b) of the Coverage section (as previously occurred).
After the compensation has been determined by a final judgment for point c) of the Coverage section (previously upon simple request).
Legal References
Refer to the mentioned legal references.

Usual Contractor
Company active in waste management.

Usual Beneficiary
Ministry of the Environment.

Typical Initial Duration
The policy has a duration of five years (equal to the duration of registration), plus an additional two years to allow the Ministry of the Environment to conduct checks on the company's activities, limited to the non-compliance occurring within the five years.
The guarantee cannot be automatically renewed at the time of the five-year review of the Register.
Extensions
None are provided.

Withdrawal
The guarantor may withdraw at any time, with the cessation of the guarantee effective from the thirtieth day following the communication.
In this case, the policy will cover non-compliance occurring up to the effective date of withdrawal, and the Ministry will always have two years for verification.
Typically Requested Special Clauses
Specific Text

Specific Documentation to Acquire
The application submitted by the Company to the Ministry of the Environment requesting registration in the register.
Communication from the Ministry indicating the class, category, and type of goods.
Any certification for the reduction of guarantee limits.