Provisions on penalties related to legislation on industrial installations
Client: European Commission / DG Environment
Member States are obliged to transpose the requirements of Directives into binding national law. However, this in itself is not sufficient. Member States also need to establish the right enforcement mechanisms in national legislation and practice, without which EU environmental requirements exist only on paper. The European Commission has stressed that implementation needs to be improved in most areas of EU environmental law and has made implementation and enforcement one of its priorities.
Milieu is supporting DG Environment in its efforts to promote good enforcement of EU legislation on industrial emissions: we helped to prepare a Good Practice Document for the enforcement of a range of legislation, including the directives for integrated pollution control, volatile organic compounds and others.
To identify good practice, we analysed examples of successful approaches to enforcement, both in terms of legal sanctions and enforcement procedures. The project started with an overview of how the EU environmental requirements for industrial installations are being implemented and enforced in practice. To accomplish this, Milieu prepared a comparative analysis of penalties and enforcement practices in place across the EU 27 through desk top studies.
For the second stage of the study, seven Member States were then selected for more detailed reviews of the sanctions and enforcement measures applicable for non-compliance with the IPPC Directive. Each country study was supplemented by case studies and interviews with relevant authorities. These case studies were used to illustrate how each country’s system operates in practice as well as to determine the extent to which the sanctions imposed for non-compliance were deemed to be effective, proportionate and dissuasive.
The findings of the assessment of the practical implementation of sanctions were discussed at a consultative workshop for Member State representatives. The study and the results of the workshop helped to build the Good Practice Document, which will provide support to Member States on the practical implementation of the provisions on penalties of the legislation related to industrial emissions.