Environmental passive

I summarize

It is, therefore, increasingly significant to the presence of non-news environmental passive thermo. E o que é more important, o afunto has gained previously unimagined economic, social and legal dimensions. Thus, economic activities and their effects on the environment are questions that are discussed worldwide. In order to avoid, offset or minimize its negative environmental impacts, potentially polluting economic activities are currently the object of specific legislation, disciplining technological and operational procedures capable of eliminating or reducing pollutants. Apart from the legal norms, other recommendations and proposals, even sem regulation, are gradually being implemented, with no sense of effective responsibility and obligations regarding the restoration of damage to the environment.The recognition of environmental liabilities is of fundamental importance for the correct evaluation of the economic-financial situation of companies in a general way.

1 - Introduction

The environmental liability represents the damages caused to the environment, representing, also, the obligation, the social responsibility of the company with environmental aspects.

A company is environmentally passive when it affects, in some way, the environment, or the environment, and does not have any project for its recovery, officially approved or its own decision.

Passivo Ambiental represents all and any short-term and long-term work, intended solely and exclusively to promote investment in actions related to extinction or mitigation of two damages caused to the environment, including the percentage of profit from exercise, as a compulsory destination, directed to investments. na environmental area.

Hair that has been observed in large corporate reorganizations, or amount of damage repair obligations to the environment has a significant effect on the negotiations, causing serious prejudice to the buyer when not detected, not at all negotiations.

2 - O que é Passivo Ambiental

Not Brazil, as you regras you count, to literature that surrounds or Passivo Ambiental ainda and recent. Certain companies have complex activities making it difficult or treatment to be given non-registration and disclosure of two environmental passives.

The passive environments are normally conflicts formed over a long period, being dispersed at the same time by the administration of the own company, involving specific knowledge. In this case, not only the administration of the company is involved, not accounting, but also attorneys, lawyers, engineers, etc.

Normally, or two environmental passives arise, the use of an area, lake, river, sea and a series of spaces that compose our environment, including what we breathe, is being damaged in some way, or some process hair. of waste or industrial waste management, difficult to eliminate.

Os Passivos Ambientais, according to Ribeiro & Gratão (2000), are widely known for its most negative conotação, ou seja, the companies that either have a significant attack or the environment and, in any way, have to pay voluminous amounts as a third-party indenture., of fines and for the recovery of damaged areas.

As authors put as an example:

The expenses incurred by Exxon, not in the case of an accident as a Valdez oil company, not Alaska; or in the case of Petrobras, in the 80's, not in the region of Cubatão, not in the interior of the State of São Paulo, it was seriously affected by oil extraction, which culminated with the explosion of several dwellings; In January 2000, or the installation of the same company that caused the spill of thousands of liters of oil outside the Baía da Guanabara, causing the death of several species of birds and peixes, as well as seriously affecting the lives of local populations that Viviam da atividade pesqueira.

Such situations will demand huge expenses from companies and, or that is, immediate expenses, whatever form of planning, or that drastically affects any availability flow schedule, regardless of the size of the organization. As much as you cost two physical resources necessary for the repair of two damages caused by the referred situations, or even more, the expenses required for the retraction of the image of the company and of your products, essentially, when such events are addressed to the media and care. two environmentalists and NGOs.

It should be emphasized that the passive environments, as said authors, do not originate only in fates of negative conotação. They can be originated from environmentally responsible attitudes, such as the maintenance of the environmental management system, which are required by people (who receive a remuneration) for its operationalization. These systems require ainda aquisição of supplies. Machines, equipment, installations for operation, or that, many times, will be available in the form of direct financing from two suppliers or through a credit institution. These are passive that must give rise to environmental costs, since they are inherent to the normal maintenance of the company's operational process.

OR IBRACON, second NPA 11 - Balanço e Ecologia, conceitua or Passivo Ambiental as all aggression that is practiced / practiced against or against the environment and consists not worth two necessary investments to re-qualify it, as well as fines and penalties in potential.

The environmental passive, like any passive passive, is divided into the capital of third parties and own capital, which are the sources of resources of the entity. Santos & Silva (2001) cite the following examples of origin:

Banks - loans from financial institutions for investment in environmental management; Providers - purchase of equipment and supplies for environmental control; Government - fines for environmental infringement; Officials - remuneração de mão-de-trabajo specialized in environmental management; Sociedade - indenizações ambientais; Shareholders - capital increase with exclusive destination for environmental investment or for the payment of an environmental passive; Entity - through the allocation of two results (profit) in environmental programs.

With the dynamic of two businesses, the liabilities are to be treated with a great deal of attention and to become part of the decisions taken by organizations in the acquisition of other companies, in the formation of a cluster, in companies, in the analysis of companies in business, in the sale of business. In the conception of new products, among other transactions pertinent to the matter.

3 - Obrigações decorrentes do passivo envivo

There are three types of obligations related to environmental passive:

3.1 - Legal or implicit

Legal - when the entity has a legal obligation present as a consequence of a past event, which is the use of the environment (water, alone, ar, etc.) or the generation of toxic waste. This legal obligation arises from a contract, legislation or another instrument of law.

As an example, Price (2000) cites that a company that, due to the climate and only suitable for a certain region, is interested in promoting the use of a certain area of a State for or planting forests to be used in the cellulose and wood industry. In order to be installed, the company has been contracted as the State and the city authorities, committing itself to plant seedlings of native plants of the region, in a proportion of two hectares for each ten hectares planted with forests for exploration. This is to say that for each hectare planted with forests, for exploration, the company creates a legal obligation in accordance with the terms of the contract as the State and with the preferences, which must include no balance.

Implicit - it arises when an entity, by means of past practices, publicized policies or unfair declarations, creates a valid expectation against third parties and, by default, assumes a commitment.

Example cited by Price (2000): a mineração close to a city, which is seen in front of a process of associating its image with a reduction of fauna of the region, decides to go public to announce that it will be breeding in part of its terras um park Ecological as the main species of local fauna, just as there are still no studies proving their fault. In this case, the environmental passive will exist no time when the company is ready to redress an environmental damage, just as the existence of damage has not yet been proven. Or passive and registered, it is not about prevention, but about remediation.

3.2 - Constructive

São those that the company intends to fulfill spontaneously, exceeding the legal requirements. It can be done when the company is concerned with its reputation in the em geral community, or when it is aware of its social responsibility, uses the means to provide or be good to the community.

3.3 - Fair (equitable) - reflect a consciência de responsabilidade social; ou seja, a company always bears the ethical fathers and morais. In this case, the author places as an example that there is a legal instrument that obliges a certain company to restore an area contaminated by its activities, but it is a relevant fact and is for public knowledge or affects the interests and directives of third parties, the company will be compelled to repair or mistake made.

4 - Origens do Passivo Ambiental

It originates from expenses related to the environment, which can be constituted in spite of the current or previous period, the acquisition of permanent assets, or the existence of rises of these expenses that will be incurred (contingencies).

For Ribeiro & Lisboa (2000), the passives can be set as the origin of any event or transaction that reflits the interaction of the company as an ecological environment, whose sacrifice of economic resources will occur in the future. Assim the authors say:

acquisition of assets to contain two environmental impacts (chamines, chemical water purifiers, etc.); acquisition of inputs that will be inserted in the operational process so that this does not produce toxic waste; maintenance and operation of the 'department' of environmental management, including mão -de-work; expenses for recovery and treatment of contaminated areas (machines, equipment, work-tools, general supplies, etc.); payment of fines for environmental infringement; expenses to compensate irreversible damages, including those related to attempts to reduce or wear of the image of the company before public opinion, etc.

5 - Reconocimento do Passivo Ambiental

An environmental passive must be reconsidered when there is an obligation on the part of the company that incorrectly maintains an environmental custody that has not yet been disbursed, since it meets the criteria for reconstitution as an obligation. Therefore, this type of passive is defined as being a present obligation of the company that arose from past events.

5.1 - Current exercise expenses: the environmental liabilities that originate in the expenses (inputs or services necessary to carry out the recovery process, fully consumed), must be accounted for against a profit or loss account as the generating date occurs.

5.2 - Results of previous exercises: the environmental passive will be able to cover past events. In the case of generating factors that occurred in previous exercises that could not be attributed to subsequent events (to the recovery of polluted areas, for example) Ribeiro (1992) said that in return for two adjustments, it should also be made directly to the results of the exercise. In progress, since the results of previous exercises must be altered as a function of changing the accounting criteria or of the correction of errors attributable to certain previous exercises.

In both cases, the environmental passives must be estimated, not having elements to determine their precise values, hypotheses under which the provisions will be constituted.

Technical studies must be accurate, encompassing the original characteristics, current states and geographical location of the affected area. The company could proceed to raise the amount of expenses to be incurred, drawing up a feasibility plan for the execution of the undertaking, being reconfirmed through provisions containing the enforceabilities involved.

These verified requirements in the realization of necessary studies for recovery and / or environmental protection are recognized, in some cases, as these studies begin to present their first results, given the verification of responsibilities to be met.

In most two cases, these enforceabilities are reconsidered subject to not having effected two expenses. Such expenses, in accordance with the Accounting Principles and their respective enforceabilities, should be accounted for in the same period as that would be recorded in advance, being able to confront the receipts and amounts in the same accounting period.

5.3 - Permanent assets of an environmental nature: acquired assets that are classified as non-permanent assets may originate an environmental liability, in return for an environmental asset. This may happen when the process of protection, preservation and recovery of the environment requires the acquisition of equipment and facilities that will be used for periods exceeding the current exercise. These equipments can be used in the recovery of the affected area, or also not for post-work monitoring.

5.4 - Riscos ambientais potentiais: when correlated with risks and uncertainties to which the company is subject, the passive environments acquire more characteristics of contiguities, being able to run from three situations according to Ribeiro (1992):

Proprietary initiative: when the company precedes the actions of third parties or environmental legislation, such as past, present or future events, acknowledging its obligations. Claims of third parties: passive persons, adherents of claims of third parties, may deserve similar treatment. As financial indenizações of restoration of bens may be required by the external community in respect of prejudices caused by the operation of the company's operational activities.Enforceability of environmental legislation: competent bodies can verify or take responsibility of the company when it operates irregularly, Obeying established environmental standards, resulting in penalties.

5.5 - Merger, cisão, incorporation, sale and privatization: item has been the object of great importance for the decision-making process, or value of the environmental liability of a company, being questioned with frequency and its evidence required by an increasing number of user. Among these, we can mention those involved in the process of purchase - and - sale of a company of merger, cisão, incorporation, and, in addition, two privatization processes, for the purpose of determining the real economic value of the company.

5.6 - Financial Institutions: The financial institutions are also attentive to the environmental passive of companies. In more developed countries, I avoid granting loans to those that present any potential risk to the environment.

6 - Contenências

A contingent enforceability is an obligation that may arise, depending on the occurrence of a future event. Therefore, it must be noted that estimated passive amounts depend on the occurrence of future events and, likewise, not strictly contingencies, such as: provisions with guarantees, provisions for abatements, etc.

Hendriksen (1999), considers that there will be a provável value for a demand, just as derived from the application of probability of events (provision) should be estimated and recorded. Meanwhile, a high probability of being equal to zero is observed, it should be classified as contingent and evidenced only in an explanatory note.

As active and passive recoveries must be recorded separately, but referring to environmental costs, liabilities or assets to which they are associated, and not the equity value in between the asset or passive recovery value or the related liability or asset value.

Or current custody related to future expenses related to the restoration of locations or to the date and / or removal of long-lived assets that the wrong company, and that fears as a future obligation to be disbursed, must be recognized as an environmental liability at the time of identification Necessity to implement remediation, and not postponed until the activity is closed or dated premises.

As passive environmental characteristics, according to Ribeiro & Lisboa (2000), we can present the following characteristics:

Compliance with legal requirements - when it attends legal impositions or penalties (environmental recovery, fine for infraction of pertinent legislation). Indemnification of third parties for prejudice caused - when the deposit of waste or toxic elements does not affect the environment. unexpected - not in the case of industries considered pollutant, prevention occurs within the organization to the extent that crimes are carried out to prevent outsourcing of pollution. Several companies are implementing their environmental management system, therefore beforehand, there are claims from third parties, providing for the repair of negative consequences.

For oil exploration platforms and nuclear power plants, Bergamini Jr (1999) cites as an example, so many prior expenses that make viable or non-future benefit flow, how many subsequent expenses of clearing, recovery and decontamination must be linked to the period No qual must be granted or referred flow of benefits.

7 - Surveys of Passivos Ambientais

It begins to be implanted with us entrepreneurs in the awareness that the raising of the environmental passive is the two most recommended procedure.

This is a relatively new service, both in Brazil and in the rest of the world.

Raising the environmental passive of a business means identifying and characterizing adverse environmental effects, of a physical, biological and anthropic nature, provided for the construction, operation, maintenance, expansion or demobilization of a business or production organization.

These environmental effects can be current or planned, that is, both can be processes that are never manifested, and processes that will occur in the future, based on non-present identified environmental transformation charts.

These studies are the most common in the processes of acquisition of companies or of the concession of public services, where you are interested in carrying out the necessary raises to estimate the investments that will be required for the rehabilitation of two affected areas.

For the realization of an environmental liability, some basic activities must be carried out, namely:

environmental inspection of the organization or process to be analyzed;

photographic documentation two passive items found;

Identification of two processes of environmental transformation that give rise to the identified passive items, environmental characterization of two passive items and of their causative processes;

hierarchization of two passive items, in terms of their representativeness, as well as of their causative processes.

When the environmental liability surveys demand additional activities related to the proposal of corrective and preventive actions, the following complementary tasks must be carried out:

establishment of corrective and preventive actions for each identified passive item; organization of proposed actions, considering necessary human, technical and logistical resources, as well as eventual third party services.

8 - Mensuração do Passivo Ambiental

The environmental passive must be reconfirmed in our financial accounts of a provável occurrence and can be reasonably estimated, there are several patterns of contentions that must be used to characterize what would be a provável occurrence event. If there are difficulties in estimating its value, an estimated value must be provisioned, recording the details of this estimate in explanatory notes.

Environmental liability that will not be settled short term or ISAR apud Bergamini Jr (1999), express preference for the measurement through the present value method of an estimate of future costs and expenses, made based on current costs that the activity required and assumed to the existence of legal requirements and / or other requirements. This approach is minimized:

a discount tax for the present value based on a tax free of the similar risk to two government titles; the technological advances that are expected to occur not short term forem levados in conta; in expectation of inflation for levied in conta; or total do Environmental liability for revised each year and adjusted for any changes relative to the estimates of future expenses previously assumed; These are estimates of additional forem obligations based on factors relevant to the period in which these same obligations arise.

9 - Due diligences

It is a work carried out by environmental specialists that identifies the economic, financial and physical aspects, within which are part of the various environments, which are still affecting, or may be able to affect, the patrimonial situation of a company.

As adverse environmental circumstances can drastically impact the real value of the bem. At the end of the environmental evaluations of a local and identify and document the environmental and historical conditions of this, giving an independent, professional opinion of all reconfirmed environmental circumstances.

The business transactions must include the consideration of environmental edições, to assess or risk of transfer in light of environmental responsibilities. As you read complexes, you may imply significant environmental responsibilities in the acquisition of such a business.

Before it was only a requirement of the international market; second Ribeiro & Lisboa (2000), now, due to the repercussions of some environmental disasters of great proportions or crashes in our country, the national organizations also pass to request or safe-conduct a report of due deligence on environmental risks related to the activities of the companies. Commission, we allocate credit lines to companies that are concerned with preserving natural resources.

In avaliações ambientais do local do deligence, verify or follow:

local inspection to assess potential environmental responsibilities, review adjoining properties to assess potential contamination of local sources of sources, review environmental and property reports, review of regulatory environmental data bases;

This work was among its principals; Research lines, or environmental passive for companies, sending all efforts to measure and identify them, giving accounting information to register them.

Or Passive that represents the obligations for third parties, must be recognized from the moment they are verified, just as it does not make a formal or legal collection.

This identification and disclosure of the Environmental Passive is of great relevance for the assessment of the conditions of continuity of the same, as well as the evidence of social responsibility.

The identification of Environmental Passive is also of great relevance to the privatization and purchase processes, the negotiation of securities of transactions and the incorporation processes of companies with highly polluted characteristics, since this item was ignored, it has great prejudices for the incorporation.

Parmalat, the food producer, second Ribeiro e Lisboa (2000), acquired in 1998, not only the Etti company as an environmental liability valued at about US $ 2 million, caused by the irregular emission of waste from the city of Araçatuba, not inside the state of São Paulo. At the time, it was being negotiated with the local authority to transfer responsibility for the treatment of the esgoto, obviously through payment.

Another example cited by the authors of Procter & Gamble, who purchased the Orniex sabão factory, assumes a problem of emission of particulate material (poeira) during the production of sabão in po. Or estimated custody for or treatment of two effects of such issuance is US $ 500 thousand.

10 - EIAs and RIMA

Among other forms of identification of Environmental Passive we have EIAs (study of environmental impacts) whose objective is to identify all the effects to the environment that can be originated by the activities of companies, as well as the mechanisms that must be used to contain them, Being a starting point not only to identify the factors generating two environmental passives, but also to attribute values to them in function, within other aspects, with custody of two required inputs, two investments in machines and equipment, extensive area that must be recovered The volume of shelters that must be treated, as RIMAS (reports of impact on the environment), that decrease or occur, in relation to the environment, during the operational process. This document identifies the environmental effects,making it possible to measure two environmental costs.

The Environmental Passive becomes an elementary question, in the business negotiations, or in the purchase and sale, it may be attributed to the new owners to the responsibility of hair effects harmful to or the environment caused by the operational process of the company or the form of waste. treated foram pollutants.

11 - Practical Example of Disclosure - Passivos Ambientais

In 1998, Boeing Company, reports in an explanatory note, or following, according to Price (2000):

11.1 - Note 21 - Contenências

The company is subject to federal and state requirements related to the protection of the environment, including not referring to the collection of dangerous materials and the remediation of contaminated locations. Due to the complexity and opening of these demands, from two years 80 on, the company became involved in judicial processes, lawsuits and obligations related to the remediation of different demands.

Based on in-depth studies, specialist analysis and legal reviews, the company regularly validates the findings, obligations and commitments for the remediation of contaminated locations, including assessments of the extent and probability of recovery of other responsible parties, which have not participated in agreed, including insurance. The company's policy is to provide immediate provision and debit current shipments for identified risk exposures related to locations for remediation of environmental aspects, based on conservative estimates of costs with investigations, general cleanliness and inspection of incorporated issues.

The unrecorded costs and will be uncorrected in connection with these activities do not have a significant impact on the company's financial position. With respect to the results of operations, the corresponding expenses are an average of less than 2% of annual liquid income, excluding special expenses. These provisions on December 31, 1998, are considered as recoveries of insurance liabilities, corresponding to less than 2% of total liabilities.

Due to the regulatory complexities and the risk of contaminated locations and unidentified circumstances, there is the possibility of the costs of remediation of environmental aspects will be significantly different, two estimated costs provisioned for identified contaminated locations. Based on all the facts known and the analysis of specialists, the company certifies that it does not prove that identified environmental hazards result in additional costs that could have a significant adverse impact on its financial position or on its operational results, as well as its trends. de seu fluxo de caixa.

12 - CFC Resolution No. 1.003 / 04, approves NBC T 15

O Conselho Federal de Contabilidade (CFC), through the interim mediation of Resolution No. 1,003 / 04 of August 19, 2004, approved the Brazilian Standard of Technical Accounting NBC T 15 - Informações de Natureza Social e Ambiental. This Resolution will enter into force as of January 1, 2006, being recommended to your ancestor adoção.

This norm establishes procedures for evidence of information of a social and environmental nature, with the objective of demonstrating to society the participation and social responsibility of the entity.

As information of a social and environmental nature, for NBC T 15, only as follows:

to geração ea distribution of wealth; human resources; to interação da entidade com o external environment; to interação com o meio medio.

He said a rule that "a Demonstração de Informações de Natureza Social e Ambiental, is instituted, when elaborated it must show the information and data of a social and environmental nature given, extracted or not counted, according to the procedures determined by this rule " This demonstration, when disclosed, must be carried out as supplementary information to the demonstrations you have provided, it should not be confused with the explanatory notes, and must be presented, for the purpose of comparison, with the information from the previous exercise and the previous exercise.

As information to serem disclosed in an interaction with the environment, according to the norm, only:

Investments and expenses with the maintenance of the operational processes for the environmental environment; Investments and expenses with the preservation and / or recovery of degraded environments; Investments and expenses with the environmental education for the self-employed, outsourced, self-employed and administrators of the entity; Investments and expenses with environmental education for the community; investments and expenses with other environmental projects; number of environmental, administrative and judicial processes brought against entities; value of fines and legal proceedings related to environmental matters, certain administrative and / or judicial; passive and environmental circumstances.

Those informations are the technical responsibility of a registered accountant at the Conselho Regional de Contabilidade.

13 - Conclusion

The identification of the environmental passive is being widely used in appraisals for negotiations of companies and in privatizations, because the responsibility and the obligation of environmental restoration may fall on the new owners. It works as an element of non-sense decision to identify, assess and quantify potential environmental positions, costs and expenses that need to be taken care of in the short, medium and long term.

Or care that must be taken as an environmental passive, it is not restricted to the business or industrial sector, but a common concern or city is not daily.

According to Jacometo (2004), it is very difficult for science to find how to measure an environmental passive. These are the classic questions that are asked to ask an efficient response: “How much or human being would be willing to pay for preserved nature? How much is nature worth? "

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. Texts developed by EPA, Enviromental Protection Agency of the United States. Accessed on November 12, 2002.