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2. Risk and liability management through environmental clauses
The management of environmental risks associated with the acquisition of an industrial site is based on a certain amount of information that must be disclosed, or the lack of which can be apprehended by means of specific contractual clauses, contained in the warranty of liabilities. Liability warranties are particularly important in the case of securities acquisitions, as traditional warranties, notably those relating to latent defects, are not applicable to the assets sold.
2.1 Clauses on informing the authorities
In accordance with article R. 512-68 of the French Environment Code, any new operator of a classified facility must submit a declaration of change of operator to the Prefect within one month of acquisition. This is the case for asset transfers and...
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Risk and liability management through environmental clauses
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Bibliography
Standards and norms
- Environmental management systems – Requirements and guidelines for use. - ISO 14001 -
- Standard Practice for Environmental Site Assessments : Phase I Environmental Site Assessment Process. - ASTM E 1527 -
- Standard Practice for Environmental Site Assessments : Phase II Environmental Site Assessment Process. - ASTM E 1903 -
- Soil quality – Services relating to polluted sites and soils (studies,...
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