Comparison of methodologies used for the environmental administrative fine calculation

Project description and aims

Administrative fines are available to almost all of the replied countries. Having as starting point that the development and the present status of the relevant administrative legislative frame varies, significantly among EU MS, administrative fines are applied with deviated rationale and methodology.

This project looked into the methodologies Member States use to calculate their fines.

In general, in the majority of countries variable administrative fines are applied, while in some other, fixed administrative ones are also available. In all cases, the relevant legislation determines the limits of these fines, in most cases by providing the upper and lower values, which differ significantly among the MS. In parallel, administrative fines are observed into various forms – definitions, according to the case, circumstances and practice. Administrative fines are possible for both natural persons and legal one.

A large variety of factors are taken into consideration in the calculation of variable administrative fines. Some of them are applied to almost all the MS, since these are considered as the most crucial and representative for the valuation of environmental offence.