Environmental Guarantees · Environmental Liability Directive 2004/35/EC · National Authorities

The guarantee protects the territory. The surety bond protects your green capital.

The Environmental Liability Directive (2004/35/EC) and national regulations transposing it require companies with environmentally impactful activities to put a financial guarantee in place. Without it, the authorisation is not granted. With a surety bond, the environmental guarantee is arranged within 72 hours — without tying up the capital you need to operate and meet your ESG objectives.

72h

Your environmental restoration guarantee

0

impact on credit risk register or capital

UE

Directive 2004/35/CE transposed in 27 Member States

30

European countries operative

MINING, CHEMICAL, WASTE INDUSTRIES AND MORE…

Surety Bonds for Environmental Impact

Public authorities have defined a series of industrial activities that may cause environmental damage if appropriate measures are not taken. Among these measures, companies are required to provide mandatory financial guarantees to cover the environmental liability inherent to their activity.

Such activities include mineral extraction, chemical processing, livestock farming, metal transformation, textiles, combustion, waste management, and others.

Public authorities require assurance that any natural environment affected by industrial activity can be rehabilitated. For this reason, they require restoration bonds or environmental protection guarantees. A surety bond is one of the accepted instruments through which this guarantee can be lodged with the relevant authority.

Companies must submit an environmental risk assessment to the competent authority, which will then determine the amount to be deposited.

In the case of mining activity, the authority requires a Restoration Plan covering potential negative impacts on the natural environment. This plan must detail the measures the industry is required to implement to:

 

  • Reduce the risk of environmental incidents.
  • Limit their consequences.
  • Prevent, avoid and remediate any environmental damage caused.

This Restoration Plan will enable the authorities to quantify the guarantee to be deposited, ensuring it covers the restoration works needed to rehabilitate the affected natural environment.

 

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Which sectors use Surety Bonds?

Surety bonds are multi-sector instruments that can be used across all industries.

It is an alternative to the bank guarantee, offering greater advantages and enhanced flexibility.These are the sectors we commonly work with

Advantages: Surety bond

Your liquidity, intact

No financial resources are tied up. The money stays in your account doing what it should: financing your business.

Off the Bank Risk Report

The surety bond does not count as bank risk. Your rating and your financing capacity are not affected.

Response in 48-72h

We operate in 30 countries. A single signature for all your markets. We do not miss deadlines. When the specifications require 5 days, we deliver in 3. Study, response and issuance.

Coverage in 30 countries

A single relationship with Sammy Free covers you in any country of the European Economic Area. Without looking for a local broker every time.

Specialists, not generalists

We only do surety bonds. Not car insurance, not life, not home. Only surety bonds. This focus makes the difference.

Plafond: issue without waiting

With your pre-approved line you can issue new guarantees in a matter of hours. One analysis a year, unlimited tenders.

The documentation required varies depending on the insurer and the type of operation, but generally includes information on the company’s financial, fiscal and legal situation, together with documentation related to the contract or tender (specifications, award notice, etc.).

The cost of a surety bond depends on several factors that determine the level of risk involved:

  • The company’s financial strength
  • The type of bond required (bid bond, performance bond, advance payment bond, etc.)
  • The amount and duration of the bond
  • The company’s track record
  • The country where the bond will be issued
  • The company’s technical and operational capacity
  • Market conditions

If you would like to learn more, read our article on the factors that influence surety bond pricing.

Yes. Both surety bonds and bank guarantees are valid instruments for securing a contract, and either can be used.

The key difference lies in the financial impact on your business:

  • Bank guarantee: uses part of your banking capacity and ties up liquidity or assets as collateral.
  • Surety bond: does not affect your banking capacity and does not tie up capital.

Discover all the advantages of surety bonds compared with traditional bank guarantees.

It depends on whether you already have a Plafond (pre-approved bonding facility) in place with the insurer or not:

  • With a Plafond line: issuance is same-day, as the company has already been assessed and approved.
  • Without a Plafond line: the required documentation must be submitted (financial statements, legal documentation, tender documents, etc.). Once received, you will normally receive a quotation within 48 hours.

Yes. Surety bonds can be used both in contracts required by public authorities and in agreements between private companies.

  • With public authorities: they are required by law to accept a surety bond as a valid form of guarantee, unless the tender documents state otherwise.
  • Between private companies: both parties must agree on the type of guarantee accepted. Both a surety bond and a bank guarantee are acceptable where there is mutual agreement.

We arrange all types of surety bonds. The most common are:

  • Bid Bond: to participate in public tenders and procurement processes.
  • Performance Bond: to guarantee performance of the contract once awarded.
  • Advance Payment Bond: when a company receives an advance payment and must guarantee its repayment if contractual obligations are not met.
  • Maintenance Bond: provides cover during a defined period after completion, ensuring that the works have been carried out correctly and covering potential defects in materials, workmanship or design that may arise at a later stage.
  • Retention Bond: replaces amounts retained by the contracting authority until completion of the contract. It avoids the retention of funds from certified interim payments due to potential defects.

If your situation does not fit exactly into any of these categories, contact us with no obligation and we will find the most suitable solution for you.

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