Monetary penalties (fines) are the most widespread administrative environmental enforcement instrument in EECCA countries as well as internationally, intended both to punish non-compliance and prevent its future re-occurrence. At present, administrative fines in EECCA are widely considered too small to act as a deterrent. Analytical tools to estimate (and legal means to recover) financial gains from non-compliance as well as to account for the gravity of violations and affordability of fines are lacking, compromising the fines’ fairness and proportionality.
To respond to the need to improve the existing system, the EAP Task Force Secretariat has prepared a draft methodological document which seeks to provide EECCA environmental authorities with guidance on how to determine and apply administrative fines, based on best practices in several OECD countries.
The objective of the expert meeting, attended by experts from both EECCA and OECD countries, was to exchange experiences and discuss different approaches to reforming administrative monetary penalties as a key enforcement tool in light of the best international practices described the draft guidance document.