Enforcement
By 2027, all EU member states must meet the goals of the European Water Framework Directive (WFD). Surface water must then have a good chemical and ecological status. Progress has certainly been made since the WFD came into force in 2000, but the water quality in our management area is not yet everywhere in order. Achieving this requires the efforts of many different parties. We cannot do this alone!
As water manager, HHNK supervises discharges into surface water. Enforcement is an important instrument in this, which is used if there is intent or if entrepreneurs are negligent. But before enforcement is initiated, a whole process has often already taken place. A number of other important steps must first be completed. The proper sequence of those steps:
- Communicate
- Advising
- Supervision
- Maintain
Communicate
For example, we communicate about applicable laws and regulations and the tools available to improve water quality. In addition to coverage in the national press, social media, information sites and trade magazines of the industry associations, much is also publicized through information meetings. We are always happy to participate in these: in fact, they provide us not only with an opportunity to provide information, but also a chance to retrieve information from the field in order to then be able to respond even better to the ultimate goal, clean surface water.
Advising
The available deployment of resources and time is as risk-based as possible. We work on the basis of a risk analysis in which high-risk activities are Map using predetermined criteria. The emphasis is on the use of plant protection products, fertilizers and the so-called Substances of Very High Concern.
During farm inspections, the enforcer will think along about what measures can be taken to prevent negative impacts toward surface water and, if necessary, refer to the Agricultural Portal or a consulting firm.
By the way, we not only check agricultural activities, but we also check in the industrial sector, private individuals and governments for compliance with applicable laws and regulations.
Supervision
Initially, the enforcer always comes to a company as a supervisor. He or she assesses the situation at the company and discusses it with the business owner. If the situation is fine, then the conversation is completed and a good news letter follows.
If things are found to be out of order, the supervisor will discuss with the entrepreneur how they can be undone. The agreements are then recorded in a letter with a set deadline. Then, at a later time (re-inspection at the set deadline), the company is assessed once again whether the agreements made have been met. If the violation is resolved, then the procedure is completed and a so-called deregistration letter follows.
Maintain
If, at the follow-up inspection, applicable laws and regulations are still not complied with, the enforcer will decide, based on the national enforcement strategy, whether to use administrative law (order under penalty/administrative coercion) and/or criminal law. This is certainly the case when intent or negligence is involved.
The use of administrative or criminal law instruments is never the goal, but a last resort. The other enforcement tools (communicating, advising and monitoring) are also much more effective and often reap a more positive impact for all parties.