Have you founded a company in the waste collection, disposal, and trade sector?
Has environmental protection always been important to you, and do you firmly believe in the principles of the “green economy”?
Probably your activity intends, among other things, to remediate the areas most oppressed by pollution or you intend to collect and transport away hazardous waste for health.
For companies operating in your field, registration or renewal in the Environmental Managers Register is mandatory. Both for registration and for renewal, a Financial Guarantee is required, which can be issued with an insurance surety.
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What is it? What is a financial guarantee? and the Surety?
The financial guarantee is required of the company by the regional section of the Environmental Managers Register within 90 days from the submission of the application for registration or renewal and serves to ensure coverage of any environmental damage caused by the company in the exercise of its activity, during the period of registration in the Register.
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Surety policies for the Environmental Managers Register
We would like to inform you that, following D.L. 173/2022 dated November 11, 2022, and the conversion law of December 16, 2022, n.204, the name of the Ministry has been updated to “Ministry of the Environment and Energy Security”. Therefore, the surety policies issued by companies for registration in the Environmental Managers Register must now be addressed to this new ministerial denomination.
Duration of the guarantee
For this reason, the financial guarantee must have a validity of seven years, equal to the five years of the company’s registration in the Register, plus an additional period of two years to cover any breaches that may occur in the period following the five-year period of registration.
Categories
The provision of the guarantee competes with the following categories:
- 1 collection and displacement of hazardous urban waste and management of collection centers.
- 5 collection and transport of hazardous waste.
- 8 brokerage and trade of waste without detention.
- 9 remediation of sites.
- 10 remediation of sites and goods containing asbestos
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The times to present the surety policy are precise and circumscribed, starting from the date of receipt of the communication sent by the regional section of the Environmental Managers Register. If the insurance surety is not submitted within the specified deadlines, the application will be considered null and void, and will therefore expire:
- Within 90 days for registration in the Register
- Within 45 days for the renewal of registration.
The amounts of the insurance surety vary according to the category and class of belonging and are established by the D.M. Environment 23.04.1999, published on 26.06.1999).
Who issues this type of Financial Guarantee?
Sureties can be provided by insurance companies or banks and those issued by financial companies, even ex art. 107 TUB, are not accepted.
Insurance companies must be enabled by IVASS to issue guarantees, enabled to the insurance branch n. 15, Credit and sureties, in harmony with the provisions of the law n. 348 of June 10, 1982..
What are the insurance companies enabled to issue insurance sureties?
Just consult the section: “Albo Imprese” on the IVASS website (Institute for Insurance Supervision), here you can find the list of all insurance companies enabled to issue guarantees in Italy.
Contact us directly online to receive a real-time response for business guarantees, or call one of our closest offices:
Tel. +39 055 49.32.199 – Tel. +39 02 667.124.17
or write an email: info@italiafideiussioni.it
Write to us via WhatsApp: +39 339.71.50.157 send a message we will respond during office hours, within 5 minutes.
Companies for waste collection and transport
With the Resolution of March 14, 2012, the National Environmental Managers Register redefined the amounts related to the demonstration of financial capacity for the registration in the Register of companies that carry out waste collection and transport activities (categories 1 to 5).
The financial capacity requirement for registration in categories 1 to 5 is considered satisfied with the demonstration of an amount of euro 9,000.00 for the first vehicle and euro 5,000.00 for each additional vehicle.
This requirement is demonstrated in the manner referred to in article 11, paragraph 2, of the decree of April 28, 1998, n. 406, or by means of a financial capacity certificate issued by companies authorized to exercise credit or financial intermediation with a share capital not less than euro two million five hundred thousand and registered in the Special Register ex 107 Supervised by the Bank of Italy.
The amounts related to category 5 for each class of registration are as follows:
CATEGORIES CLASSES EURO
Category 5 Class A5 164,568.99
Category 5 Class B1 549,370.70
Category 5 Class C5 16,456.90
Category 5 Class D 309,874.14
Category 5 Class E 103,291.38
Category 5 Class F 51,645.69
Contact us directly online for an immediate response, or call one of our closest offices. Tel. +39 055 49.32.199 – Tel. +39 02 667.124.17
Email : info@italiafideiussioni.it
You can also write via WhatsApp: +39 339.71.50.157 send a message we will respond during office hours, within 5 minutes
How do I register in the Register of Environmental Managers?
All applications and practices of registration, renewal, modification, or cancellation in the Register of Environmental Managers must be submitted telematically.
This system, called Agest Telematico, allows the company to compile and send applications in electronic format, independently and/or through third parties previously commissioned by the same company.
The application must be completed online, signed digitally or with a handwritten signature by the legal representative of the company.
Nothing changes regarding the documentation to be attached to the different types of applications.
For information: e-mail: e-mail: pratiche.albogestori@mi.camcom.it
Telematic assistance service
A specialist assistance service is active to solve problems related to: access to the national site of the Environmental Managers Register; compilation, download, and sending of telematic practices; communications received from the Register.
From Monday to Friday from 9:00 to 12:30. Contacts 02 8515 2016
What are the requirements for registering in the Register of Environmental Managers?
If you are a company or an entity, you can be registered as: a) Owner, if you are a sole proprietorship. b) Legal representative.
The necessary requirements to be registered in the Register are the following:
Financial Capacity Requirement
To meet the financial capacity requirement, it is necessary to possess an amount of € 9,000.00 for the first vehicle and € 5,000.00 for each additional vehicle. The demonstration of this requirement can occur through the presentation of documents that attest to the economic and financial capabilities of the company. These documents can include turnover, VAT contribution capacity, corporate assets, and financial statements. Alternatively, the financial capacity can be demonstrated through a bank credit certification issued by companies authorized to grant credit, as provided for in article 11, paragraph 2, of the decree of June 3, 2014, n. 120. 120.
Companies that have already demonstrated the financial capacity requirement to obtain the community license for the transport of goods, in accordance with Regulation (EC) October 21, 2009 n.1072/2009, can simply present a copy of such license to meet this requirement.
Contact us now for immediate answers about the Surety needed for registration in the Register of Environmental Managers. We are available online or by phone at the following locations:
📞 Tel. +39 055 49.32.199
📞 Tel. +39 02 667.124.17
📧 Write to: info@italiafideiussioni.it
Write to us on WhatsApp +39 339 71.50.157
Technical Manager
Pending decisions on the criteria for evaluating professional qualifications and conditions for serving as a technical manager, as well as the necessary evaluation of qualifications obtained in another EU state, the role of technical manager will be assumed by the legal representative of the company.
To be registered in the Register, you must meet the following criteria:
a) You must be a citizen of Italy, an EU country, or another country that recognizes the same rights as Italian citizens.
b) You must be registered in the business register or the economic-administrative archive, unless you are an individual company, which can do so later in the Register or similar registers in your country of residence, if required.
c) You must not be under any legal incapacity or disqualification, nor temporarily disqualified by authorities overseeing legal entities and businesses.
d) You must not have a definitive conviction for specific crimes, such as those related to the environment, health, building, or urban planning, unless at least ten years have passed since the conviction or a conditional suspension of the sentence has been granted, or you have been rehabilitated.
e) You must be up-to-date with social security and welfare contributions for workers, according to Italian law or the law of your country of residence.
f) There must not be any causes for prohibition, decay, or suspension according to the law.
g) You must not be in liquidation or involved in bankruptcy proceedings or similar situations, according to foreign law.
h) You must possess the required technical skills and financial capacity.
i) You must not make false statements or commit fraud when providing the required information.
The requirements indicated in letters d), e), f), g) are automatically verified by the Regional Section through certifications and the criminal record registry.
Companies and entities that apply for registration must appoint at least one technical manager who meets the professional requirements set by the National Committee and the requirements c), d), f), i); otherwise, their application will not be accepted.
Why might my application for registration in the Environmental Managers Register be rejected?
Admission to the environmental managers register can be denied for various reasons, which may vary from country to country based on local legislation. However, there are some common reasons why an application for registration might be rejected. Here are some of them:
- Lack of Basic Requirements: If you do not meet the minimum requirements set by law for registration in the environmental managers register, such as specific training, work experience, or educational qualifications, your application may be rejected.
- Past Environmental Violations: If the applicant has a record of serious environmental violations or crimes related to the environment in their past, they may be deemed unsuitable for registration.
- Lack of Professional Suitability: If the applicant cannot demonstrate their professional suitability to perform the duties of an environmental manager, for example, due to a lack of technical skills, they may be rejected.
- Poor Professional Conduct: If the applicant has a record of poor professional conduct, which could include fraud, unethical behavior, or other inappropriate actions in their career, their application may be rejected.
- Incomplete or Incorrect Documentation: If the application is not filled out correctly or essential documents are missing, such as training certificates or documents related to work experience, it may be rejected.
- Conflict of Interest: In some cases, there may be a conflict of interest that prevents registration, for example, if the applicant is involved in activities that could interfere with their responsibilities as an environmental manager.
- Financial Insolvency or Bankruptcy: If the applicant is involved in serious financial troubles, such as insolvency or bankruptcy, they may be deemed unsuitable for registration.
It is important to note that specific details can vary based on jurisdiction and local laws, so it is crucial to consult the legislation and regulations related to the environmental managers register in your specific area. If your application is rejected, you may have the right to appeal or take corrective measures to meet the requirements before reapplying.
