Executive Summary
About this series of papers
Penalties
1.1 Establishing and enforcing the penalty regime: an overview
1.1.1 Structure and main content of Art 33 EU-MER
1.1.2 Member States’ scope of implementation to set a penalty regime
1.2 What kind of penalties?
1.3 Level of penalties
1.3.1 General criteria for the level of penalties
1.3.2 Additional criteria for fines
1.3.2.1 Core Reference Value based on environmental damage and impact on health
1.3.2.2 Maximum level of administrative fines
1.3.2.3 Minimum level of fines: Deprivation of economic benefits derived from infringements
1.3.2.4 Repeated serious infringements
1.3.2.5 Aggravating and mitigating factors
1.3.2.6 Summarising: a formula for the level of fine
1.3.3 Development of fines guidelines
Selected legal issues
2.1 Legal Powers the competent authorities need to have
2.1.1 Legal powers needed to carry out inspections
2.1.2 List of powers needed to carry out other tasks than inspections
2.2 “Reasonable efforts” in Art 28-29 of the EU-MER
2.2.1 Background
2.2.2 Legal Analysis
2.2.2.1 Analysis of the Regulation text and accompanying documents
2.2.2.2 Principle of proportionality
2.2.2.3 Other areas where the term “reasonable efforts” is used
2.2.3 Conclusions of the legal analysis on “reasonable efforts”
2.2.4 Recommendation on how to operationalise the “reasonable efforts” clause
2.3 May inspections be delegated to private entities?
2.3.1 General aspects
2.3.2 Art 6(2) EU-MER
2.3.2.1 Wording
2.3.2.2 Purpose of the clause “by or on behalf”
2.3.2.3 Systematic
2.3.3 Art 6(7) EU-MER
2.3.3.1 Wording
2.3.3.2 Purpose of Art 6(7)
2.3.4 EU Recommendations related to environmental inspections
2.3.5 Comparison with other EU legislative acts
2.3.5.1 The Industrial Emissions Directive
2.3.5.2 Other EU legislation
2.3.6 Conclusions on inspections