Environmental inspection? Here’s what you need to know as a company in Brussels (FAQ)
Brussels environmental legislation provides protection against all kinds of risks to public health and the environment. A team of officials monitors compliance. They do this during inspection visits to companies. But how does this work and what are the possible consequences? But also: why, of all things, is your company in their sights? We’ve summarised it for you in five frequently asked questions.
1. Why is the environmental inspectorate coming to my company?
The reason for an inspection visit may be a noise or odour nuisance complaint from the neighbourhood around your company, for example. But the visit may just as well be part of a broader inspection campaign on a specific theme or within your sector.
2. What should I expect during the visit?
You are obliged to allow environmental inspectors access to the entirety of your premises. During their tour, they can ask questions of any employees present and request all necessary documents. Finally, they can take samples and make measurements to support their findings. If specific expertise is required, they may be assisted by a specialist in the field. All possible costs are to be borne by you.
3. What if the inspection finds an environmental risk in my company?
Depending on the nature of the risk, the inspector will send you a warning, a formal notice, or an official report. If there is no immediate nuisance or threat to your employees or the environment, the inspector will give you a deadline by which to solve the problem.
In case of an actual threat or major nuisance, on the other hand, the inspector is authorised to take measures directly. For example, if the noise level of one of your machines is far above the permitted standard, you will have to switch it off immediately.
4. I received an official report. What now?
The report ends up at the office of the public prosecutor within ten days of the visit. Depending on the seriousness and possible recidivism, a criminal or administrative prosecution will be levied upon you. The prosecutor decides on this within six months.
In the event of a criminal prosecution, you risk imprisonment, community service, or a high fine. Of course, everything depends on the seriousness of the environmental crime. The measures imposed by the environmental inspectorate are to be maintained.
If the prosecutor decides not to prosecute or the six-month period has expired, you will receive an administrative fine. An administrative fine in place of a criminal prosecution is therefore not possible.
5. Can I appeal against the prosecution?
Yes. To do so, contact the Environmental Board (Milieucollege/Collège d’environnement) of the Brussels-Capital Region. An appeal against a measure levied against you must be lodged within ten days. You have two months to appeal an administrative fine.
Keeping up with environmental legislation is specialist work. We advise and assist you professionally based on our many years of experience. This way, you can grow in an environmentally conscious way as an organisation. Find out more about our environmental offerings or contact us at no obligation.