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Environmental Remediation Warranties

an instrument to protect our environment and a step toward sustainability

Environmental awareness has grown over recent decades. Companies are increasingly cognizant of the fact that their success hinges on adopting socially responsible behaviours, namely when it comes to safeguarding nature against potentially devastating human action. And, in this light, Environmental Remediation Warranties form a key component of any sustainable future.

In the complex world we now inhabit, several businesses can bring harmful effects to our natural environment. This is where Environmental Remediation Warranties comes into play. They are a government-mandated safeguard across several sectors whose goal is to ensure that, where harm to the environment occurs, the environment will be restored and returned back to its pre-damaged state.

Surety Bond for environmental remediation is a financial instrument designed to sustain compliance with obligations connected with reparation or remedying of environmental damage and is meant to guarantee that a business will comply with its legal or contract obligations to restore, repair or remedy any environmental damage caused by its activities.

Environmental damage covered by such insurance policies could include soil, water and air contamination, destruction of natural habitats, or any other meaningful negative impact on the environment. The governments of various countries demand that companies engaging in environmental risk-prone activities put up environmental remediation warranties as part of the statutes required for doing business, and such warranties may be provided through surety bond. 

Specific regulations and practices about environmental remediation warranties may vary considerably from country to country and even with the same territorial jurisdiction.

The amount the policies may ascend to depends on environmental risk analysis for each specific line of business, or schedules to be prepared according to any methodology a government may determine on its statutes, including full restoration of the environment surrounding company premises. To determine a concrete number, one needs to submit an application to the relevant governing body and it shall be this body to rule on the amount that must be delivered as warranty.

Regarding our European neighbours, in 2004 the European Parliament passed Directive 2004/35/CE on environmental liability about the prevention and remedying of environmental damage, so as to establish a framework for the prevention and reparation of environmental harm, based on the “polluter pays” principle. This means that whoever does harm to the environment is liable for prevention and reparation or remedying costs. Emphasis lies here on the complete restoration of natural resources where environmental value is deemed paramount to other considerations. What this means is, remediation is not achieved via mere monetary compensation. Rather, an unlimited, strict liability is established, which is to say that compliance and performance obligations are imposed upon the business outside any consideration of fault, malicious intent or neglect that may or may not have characterized their behaviour.

Environmental remedying is a legal obligation which ensures that companies become liable for their environmental impact and take steps to minimize it — and more; if necessary, they must restore the environment returning it to its original condition.

With the directive mentioned above, we obtained a general foundation for this important matter and were able to establish norms for circumstances where one member-state of the EU might harm another member-state. The directive allows member-states to establish a system of insurance or warranties to ensure that companies have needed financial resources to cover costs of prevention and reparation of environmental damage.

The obligation to prevent and repair possible environmental damage falls upon a set of industrial and trade lines detailed in an annex: among other sectors, you have energy, chemicals, mining, textiles, combustion, construction, metal transformation, waste management, agriculture, and livestock rearing.

In a world where environmental awareness is on the rise, Environmental Remediation Warranties appear as key component of a sustainable future. Companies who take on such responsibility not only safeguard their reputation but become themselves protectors of the world we all share. Let this remind us that we all play a vital role in the conservation of our planet, as the planet’s health and our own are, in the end, one and the same.



Fernando Favata

Fernando Favata


Holds a degree in Economics and has over 30 years’ experience in the corporate world; specializes in taking products and services to market. He began his professional life in Italy. Twenty Years ago, he moved to Spain. An entrepreneur in different sectors, such as telecoms, real estate, and finance, he’s always taken on directive roles. Since 2012 he’s served as CEO of SAMMY FREE, an insurance and reinsurance broker that specializes in surety bond across Europe, and a Wholesale Broker member of the Brokerslink network, maintaining a presence in Spain, Portugal, and Italy, authorized to work in all the 28 countries of the European Economic Area (EEA).