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EMAS: Dispensation from administrative fines
Published on 30 October 2018
Austria
Burgenland
This is the good practice's implementation level. It can be national, regional or local.
About this good practice
Dispensation from administrative fines if EMAS is implemented. This applies if certain measures are taken eg. Implementation of immediate actions to fulfill the administrative regluations as described in the Environmental Management Act §23.
Administrative Officers shall not be punished for negligent violations of federal administrative regulations which serve to protect the environment if the organization establishing environmental management in accordance with the EMAS Regulation has identified breaches of environmental protection legislation during the first environmental assessment (Annex I of the EMAS Regulation); and
a)voluntarily and with the knowledge of the Authority, of the administrative offense which has eliminated or ended the dangers, impurities or other impairments caused, unless it has already caused any damage to the health of a person or of the plant and animal population within a maximum of four months,
b)notify the Authority immediately of the breach of environmental protection legislation,
c)immediately take the necessary measures to comply with the environmental protection administrative requirements, in particular keep the necessary records, request the necessary notifications and the missing authorizations;
d)within one year of the first environmental audit being carried out (Article 2 (16) of the EMAS Regulation), request the registration of the organization in the EMAS-EMAS register and inform the administrative penal authority thereof.
Administrative Officers shall not be punished for negligent violations of federal administrative regulations which serve to protect the environment if the organization establishing environmental management in accordance with the EMAS Regulation has identified breaches of environmental protection legislation during the first environmental assessment (Annex I of the EMAS Regulation); and
a)voluntarily and with the knowledge of the Authority, of the administrative offense which has eliminated or ended the dangers, impurities or other impairments caused, unless it has already caused any damage to the health of a person or of the plant and animal population within a maximum of four months,
b)notify the Authority immediately of the breach of environmental protection legislation,
c)immediately take the necessary measures to comply with the environmental protection administrative requirements, in particular keep the necessary records, request the necessary notifications and the missing authorizations;
d)within one year of the first environmental audit being carried out (Article 2 (16) of the EMAS Regulation), request the registration of the organization in the EMAS-EMAS register and inform the administrative penal authority thereof.
Resources needed
As the authorities do not have to report the execution of this relief, the resources needed are unclear. However, the Austrian law in general acknowledges “active repentance” . Thus, the legislative efforts were low.
Evidence of success
As the authorities do not have to report the execution of this relief, we do not know the results or benefits of this relief.
However, it might also be possible that EMAS organisations do not need this relief at all as they already have a higher legal compliance and thus no fines have to be paid.
However, it might also be possible that EMAS organisations do not need this relief at all as they already have a higher legal compliance and thus no fines have to be paid.
Potential for learning or transfer
As EMAS organisations already have a higher legal complicance, they will be able to detect problems earlier and be able to take immediate and appropriate measures.
Good practice owner
Organisation
Federal Ministry for Sustainability and Tourim
Austria
Burgenland