FINLAND Law and Practice Contributed by: Kari Marttinen, Laura Leino, Outi Iso-Markku and Aino Lahti-Nuuttila, Erottaja Attorneys Ltd
808/2019) ( laki oikeudenkäynnistä hallintoasioissa ) if the matter involves a need for a precedent or an obvi- ous error or if there are some other serious grounds for granting the leave to appeal. 4.3 Regulators’ Approach to Policy and Enforcement Authorities supervise polluting activities through sur- veillance visits and requests for information, monitor- ing reports provided by the operators, and possible further clarifications that the authorities may request from the operators. In accordance with the Environ- mental Protection Act, a supervisory authority may issue an administrative order placing obligations on the operator in order to rectify a violation or negli- gence. A supervisory authority may prohibit an opera- tor who violates the Environmental Protection Act or the permit regulations from continuing or repeating a malpractice or may order a violating operator to fulfil its obligations in some other way (eg, it may order the operator to apply for an environmental permit in respect of an action that is conducted without a per- mit). It may also order the operator to terminate its opera- tions. Unless it is deemed unnecessary, the com- petent authority will issue the administrative orders with a threat of interruption, penalty payment, and/ or remediation or other measures at the expense of the operator. The competent supervisory authority will ensure that the order or prohibition provided in the administrative order is complied with. It is also in the supervisory authority’s power to order the operator to restore the environment to the state in which it was before the violation or to eliminate the harm to the environment caused by the violation. The supervisory authority can also order the operator to investigate the environmental impacts of the opera- tions if there is a justified cause to suspect that they are causing pollution. Before issuing an administrative order, the authority shall give the operator an opportunity to be heard in the matter, as provided in the Administrative Proce- dure Act. If necessary, other concerned parties, super- visory authorities, and authorities protecting the public interest will also be heard.
Pursuant to the Environmental Protection Act, the supervisory authorities are obliged to report a matter to the police for preliminary investigation if they sus- pect that a criminal violation of a rule of environmental law, government decree or permit regulation has been committed. No notification needs to be made if the act can be considered minor in view of the circumstances and the public interest does not require charges to be brought. However, the recent tendency has generally been for supervisory authorities to report the matter to the police for preliminary investigation. 4.4 Transferring Permits/Approvals Environmental permits can be transferred to another operator without reassessment or the consent of the environmental authorities. Pursuant to the Environ- mental Protection Act, the new operator must notify the relevant supervisory authority of the change. 4.5 Consequences of Breaching Permits/ Approvals If the operator does not comply with the permit condi- tions, the competent authority can intervene by urg- ing compliance and issuing administrative orders with the threat of interruption of operations, penalty pay- ment, and/or carrying out of the required tasks by the authority at the cost of the operator. The operator may also be prosecuted under the Crimi- nal Code for a breach of an environmental permit or regulations of the Environmental Protection Act as a criminal offence punishable by a fine and/or imprison- ment. Criminal sanctions may be imposed for acts in breach of permits or legislation that have been carried out intentionally or through negligence or gross neg- ligence. Depending on the gravity of the punishable offence, criminal sanctions for environmental offences include: • fines imposed on natural persons (corporation officers responsible for the offence); • fines imposed on the corporation; and • imprisonment ranging from four months to six years. Further, the property and the value of savings derived from an offence can be confiscated by the state.
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