ferma opposes the environmental liability directive fund

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FERMA presentation at the Workshop on ELD Fund Florence Bindelle Executive Manager Brussels November 7, 2012

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The view of FERMA members when asked about environmental issues is that good standards of safety are established in their companies, adequate insurance is purchased and the regulators are diligent in enforcement of legislation. FERMA is not in favor of the establishment of a fund and we are strictly opposed to any mandatory coverage either through a fund, a pool or any other insurance scheme. As far as we can see it by now, the insurance sector is able to provide adequate coverage both for claims for traditional damage as well as for costs of remediating pollution and other environmental damage. In our point of view solutions provided by the insurance industry are always preferable to any fund scheme. Fund schemes tend to become very expensive, e.g . when it comes to the transaction costs and do not take into account the prevention efforts made by the insured. FERMA understand however that special solutions may be needed for SMEs or particular types of operations (offshore, nuclear…)

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Page 1: FERMA opposes the Environmental Liability Directive Fund

FERMA presentation at the Workshop on ELD Fund

Florence BindelleExecutive Manager

Brussels November 7, 2012

Page 2: FERMA opposes the Environmental Liability Directive Fund

What is FERMA?

Page 3: FERMA opposes the Environmental Liability Directive Fund

Some facts and figures…• National Associations of Insurance

and Risk Management appeared in Europe in the early 70’s

• In 1974, six of them decided to create a European Federation called AEAI

• In 1986, AEAI became FERMA with 10 associations

• Today FERMA gathers 22 Associations in 20 countries and is still growing

Countries (20) Members (22)Belgium BELRIM Czech Republic ASPAR CZDenmark DARIMFinland FinnRimaFrance AMRAEGermany BfV & DVSItaly ANRA

Luxembourg PRIM

Malta MARMNorway NORIMA

The Netherlands NARIM

Poland POLRISKPortugal APOGERISRussia RUSRISKSlovenia SI.RISK

Spain AGERS & IGREA

Sweden SWERMASwitzerland SIRMTurkey ERMAUK AIRMIC

Page 4: FERMA opposes the Environmental Liability Directive Fund

Ferma representation

• Over 4800 risk and insurance managers• More than 2000 European companies• Cross Sectors (80% Private and 20% Public)• 55% of companies have a turnover above € 2 billion• 59% have more than 5000 employees• Therefore FERMA members are representing the

“Large risks” sector of the European industry.

Page 5: FERMA opposes the Environmental Liability Directive Fund

FERMA Structure

Jorge LuzziPresident

Florence BindelleExecutive Manager

Pierre SonigoSecretary General

Fernand De Winter

Treasurer

Alessandro de Felice

Vice President

Michel DenneryVice President

Page 6: FERMA opposes the Environmental Liability Directive Fund

Our Mission & Objectives (1)

Coordinate, promote and support the development and use of risk management, insurance and risk financing in Europe • Set and promote professional practices and standards • Organize conference, seminars, forums • Maintain a two way communication with national associations

on development and application of risk management • Set up surveys and benchmarks to identify and share current

practices • Facilitate the development of new associations in European

countries

Page 7: FERMA opposes the Environmental Liability Directive Fund

Our Mission & Objectives (2)

Be a significant stakeholder in the decision making process at the European level on Risk Management , Insurance and Risk financing issues

Monitor new regulations and standards Detect early issues that can impact our profession Propose and co-ordinate positions with member associations on

relevant issues Issue guidance and position papers Maintain interest representation with the European institutions Establish technical alliances and ad hoc coalitions with other

stakeholders

Page 8: FERMA opposes the Environmental Liability Directive Fund

8Source: Commercial Risk Europe

The EU regularly hits the risk management headlines

Page 9: FERMA opposes the Environmental Liability Directive Fund

Recent activities with European Institutions

Position papers, technical papers and responses to consultations e.g. Solvency II, collective redress, business insurance inquiry

Attendance and speaking slots at public hearings e.g. Review of Insurance Mediation Directive

Meetings with EU officials and Members of European Parliament (MEPs)

FERMA/BIPAR Protocol on the transparency of intermediation in business insurance

FERMA Guidance on 8th Company Law Directive and Roundtable on risk management in response to the European Commission's Green Paper on Corporate Governance

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Page 10: FERMA opposes the Environmental Liability Directive Fund

Ferma Risk Management Benchmarking Survey 2012

Page 11: FERMA opposes the Environmental Liability Directive Fund

Structure of the Survey: 3 Sections Risk Governance

This section is dedicated to look how Risk Management is governed internally, the objectives pursued by Risk Management in the company and the risk disclosures

Risk Management PracticesThis section analyses the internal organisation structure and how Risk Management is involved and coordinated with other activities. It also focused on the way risk management is perceived

Insurance ManagementThis section is analyses the insurance market perceptionand the new expectations related to insurance solutions

Page 12: FERMA opposes the Environmental Liability Directive Fund

Recent activities on ELD

FERMA has been active on this subject since the early stages of the Directive.

FERMA has been a member of Insurance Europe Working Group on ELD representing the point of view of large insurance buyers

FERMA has been in regular contact with Insurance companies to develop an adequate insurance scheme for its members

The subject of ELD has been discussed regularly in workshops at FERMA European Forum and Seminars and in National associations events.

Articles on ELD written by FERMA representatives have been published in the European professional press

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Page 13: FERMA opposes the Environmental Liability Directive Fund

FERMA preliminary position

• The view of FERMA members when asked about environmental issues is that good standards of safety are established in their companies, adequate insurance is purchased and the regulators are diligent in enforcement of legislation.

• FERMA is not in favor of the establishment of a fund and we are strictly opposed to any mandatory coverage either through a fund, a pool or any other insurance scheme.

• As far as we can see it by now, the insurance sector is able to provide adequate coverage both for claims for traditional damage as well as for costs of remediating pollution and other environmental damage.

• In our point of view solutions provided by the insurance industry are always preferable to any fund scheme. Fund schemes tend to become very expensive, e.g . when it comes to the transaction costs and do not take into account the prevention efforts made by the insured.

• FERMA understand however that special solutions may be needed for SMEs or particular types of operations (offshore, nuclear…)

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Page 14: FERMA opposes the Environmental Liability Directive Fund

Thank you for your attention !

FERMA aisbl.Avenue Louis Gribaumont 1 / B.4

B-1150 Brussels, Belgium Phone: +32 2 761 94 32

Email: [email protected]