Enforcement

By 2027, all EU Member States must comply with the objectives of the European Water Framework Directive (WFD). Surface water must then be in good chemical and ecological condition. Since the WFD came into force in 2000, progress has certainly been made, but water quality in our management area is not yet up to standard everywhere. Achieving this will require the commitment of many different parties. We cannot do this alone! 

As a water manager, HHNK supervision discharges supervision surface water. Enforcement is an important tool in this regard, which is used when there is intent or when businesses are negligent. However, before enforcement is taken, there is often a whole process that has to be followed. A number of other important steps must first be taken. The correct order of these steps is as follows: 

1. Communicate
2. Advise
3. supervision
4. Enforce 

Communicate 

For example, we communicate about applicable laws and regulations and the tools available to improve water quality. In addition to reporting in the national press, social media, information sites, and trade journals of industry organizations, a lot of information is also communicated through information meetings. We are always happy to participate in these, as they not only offer us an opportunity to provide information, but also a chance to gather information from the field so that we can respond even better to the ultimate goal of clean surface water.  

Advise

The available resources and time are allocated in a risk-based manner as much as possible. We work on the basis of a risk analysis in which high-risk activities are identified using predefined criteria. The emphasis is on the use of crop protection products, fertilizers, and substances of very high concern. 

During the company inspections, the enforcement officer will contribute ideas about measures that can be taken to prevent negative effects on surface water and, if necessary, refer to the Agriculture Portal or a consultancy firm. 

Incidentally, we do not only monitor agricultural activities, but we also check whether the industrial sector, private individuals, and government bodies comply with the applicable laws and regulations. 

supervision

Initially, the enforcement officer always supervisor a company supervisor . He or she assesses the situation at the company and discusses it with the entrepreneur. If everything is in order, the meeting is concluded and a letter of good news is sent. 

If any issues are identified, the supervisor will discuss supervisor the entrepreneur how these can be rectified. The agreements will then be set out in a letter with a specified deadline. At a later date (re-inspection at the set deadline), the company will be assessed again to determine whether the agreements made have been fulfilled. If the violation has been resolved, the procedure is completed and a so-called deregistration letter is sent.  

Enforce 

If, during the follow-up inspection, the applicable laws and regulations are still not being complied with, the enforcement officer will decide, on the basis of the national enforcement strategy, whether administrative law (penalty payment/administrative coercion) and/or criminal law will be applied. This will certainly be the case if there is evidence of intent or negligence. 

The use of administrative or criminal law instruments is never the goal, but rather a last resort to achieve the goal. The other enforcement instruments (communication, advice, and supervision ) are also much more effective and often have a more positive effect for all parties.