Concept and Legal Framework of the Environmental Verifier
The environmental verifier is a natural or legal person anchored in German and European environmental law, responsible for the validation, verification, and assessment of environmental management systems, particularly according to Regulation (EC) No. 1221/2009 (EMAS Regulation). The term thus encompasses a specific level of qualification and authority, which is acquired and regularly reviewed according to specific statutory requirements. The activities of the environmental verifier are detailed in both the German Environmental Audit Act (UAG) and European law.
1. Statutory Basis of Activities
1.1. European Legal Regulations (EMAS Regulation)
Environmental verifiers are accredited on the basis of Regulation (EC) No. 1221/2009 (Eco-Management and Audit Scheme, EMAS). The EMAS Regulation governs the Europe-wide voluntary instrument for improving the environmental performance of organizations. The admission, supervision, and duties of environmental verifiers are comprehensively regulated in Articles 20 to 25 of the Regulation, as well as in the associated implementing provisions.
1.2. National Regulations (Environmental Audit Act – UAG)
In Germany, the requirements of the EMAS Regulation are implemented through the Environmental Audit Act (UAG). Section 3 of the UAG specifies the requirements for accreditation, appointment, supervision, and obligations of environmental verifiers and environmental verifier organizations. The Deutsche Akkreditierungs- und Zulassungsgesellschaft für Umweltgutachter mbH (DAU) is, pursuant to § 29 UAG, the competent authority for the appointment and supervision.
2. Admission Requirements
2.1. Professional Requirements
To be accredited as an environmental verifier, applicants must meet the following requirements according to §§ 9-11 UAG:
- Proof of relevant university education (usually in the field of natural sciences, engineering, or environmental sciences)
- Several years of professional experience in environmental protection and environmental management systems
- Proof of special knowledge of environmental legal regulations and their practical application
- Independence and reliability
In addition, continuing education and regular verification of technical competence are mandatory.
2.2. Accreditation and Supervision Procedure
After a positive review of the documents and an accreditation procedure by the DAU, environmental verifiers are appointed for a specific field, such as particular industries or activities. The technical competence, independence, and legal compliance of the environmental verifiers are regularly checked by surveillance audits. Violations may lead to the revocation of accreditation (§ 22 UAG).
3. Duties and Powers of the Environmental Verifier
3.1. Validation and Verification of Companies
Environmental verifiers are authorized to conduct environmental audits within companies and organizations, to assess management systems according to EMAS, and to validate environmental statements. They check whether companies comply with statutory environmental requirements and achieve sustainable improvements (§§ 16-18 UAG).
3.2. Preparation and Validation of Environmental Statements
Among the key tasks is the validation of annually updated environmental statements. These declarations are a prerequisite for registration in the public EMAS register. The environmental verifier confirms the correctness and legal compliance of the information by signature.
3.3. Additional Activities
Environmental verifiers also conduct assessments of compliance with environmental legal provisions, certifications according to environmental management standards (such as DIN EN ISO 14001), and, in some cases, assessments within permitting procedures, provided this is required by the relevant state or federal law.
4. Duties and Liability Issues
4.1. Independence and Impartiality
Environmental verifiers are subject to strict obligations of independence. They may not have any economic or other ties to the audited company that could jeopardize their neutrality (§ 19 UAG).
4.2. Confidentiality Obligation
There is a comprehensive duty of confidentiality regarding business or trade secrets that come to light during the activities as an environmental verifier. Breaching this obligation may result in both civil and criminal consequences.
4.3. Liability
For damage resulting from grossly negligent or intentional misconduct by the environmental verifier, liability exists toward the audited companies or third parties according to the general civil law provisions (§ 280 ff. BGB as well as UAG). In certain cases, criminal liability may also arise.
5. Environmental Verifier Organizations
In addition to individual environmental verifiers, the law provides for the accreditation of environmental verifier organizations. These organizations must demonstrate appropriate expertise, independence, and resources and, to ensure quality, may only employ qualified environmental verifiers (cf. UAG § 15).
6. Control and Supervision
The supervision of the activities of environmental verifiers and environmental verifier organizations is carried out by the Deutsche Akkreditierungs- und Zulassungsgesellschaft für Umweltgutachter mbH (DAU) (§ 29 UAG). It monitors compliance with statutory requirements and is responsible for admission, supervision, carrying out supervisory procedures, and, if necessary, revocation of accreditation.
7. Importance for Companies and Authorities
The involvement of environmental verifiers is primarily required for companies when registration in the EMAS register is sought or when legally mandated environmental assessments (e.g. specifically in waste, emission control, or chemicals law) are necessary. Authorities may also engage environmental verifiers to obtain independent checks and assessments, for example in approval procedures or to monitor compliance with environmental legal obligations.
Literature and Weblinks
- Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection: Information about EMAS and environmental verifiers
- Deutsche Akkreditierungs- und Zulassungsgesellschaft für Umweltgutachter mbH (DAU): Official website
- Regulation (EC) No. 1221/2009 (EMAS Regulation), Procedures and Standards
- Environmental Audit Act (UAG), current version in the Federal Law Gazette
See also
- EMAS Registration
- Environmental Management System
- ISO 14001
Note: This article serves as comprehensive and objective information on the legal concept of “Umweltgutachter” (environmental verifier) and takes into account the current legal situation up to June 2024.
Frequently Asked Questions
What legal requirements must an environmental verifier meet in Germany?
In Germany, environmental verifiers must meet specific statutory requirements in order to officially and legally perform activities such as the examination and assessment of environmental aspects. The central legal basis is the Environmental Audit Act (UAG), which regulates the requirements for accreditation, duties, and supervision of environmental verifiers. Only individuals or organizations who have been accredited by the Deutsche Akkreditierungs- und Zulassungsgesellschaft für Umweltgutachter (DAU) may call themselves environmental verifiers. Accreditation requires proof of qualification and suitability, including professional knowledge in environmental law and technology, work experience, as well as independence and reliability. Environmental verifiers are also subject to ongoing supervision by the DAU, must provide evidence of regular further training and are bound by confidentiality obligations and the duty of impartiality. Breaches of these statutory provisions can result in the withdrawal of accreditation.
What duties does an environmental verifier perform under statutory requirements?
The duties of an environmental verifier are not limited to preparing reports, but, according to the Environmental Audit Act, include a variety of legally binding audit actions. Environmental verifiers are authorized to control and validate environmental management systems in accordance with EMAS (Eco-Management and Audit Scheme) and further legal requirements such as the Federal Immission Control Act (BImSchG) or environmental impact assessments (UVP) for their compliance with laws and standards. They must document compliance with environmental regulations objectively and independently; their reports and expert opinions often form the basis for administrative permits or proof obligations. The data and statements validated by the environmental verifier can be legally binding and are regularly spot-checked by governmental authorities.
Who is entitled to use environmental verifier expert reports legally and what is their legal status?
Environmental verifier reports, as so-called “private reports with a statutory mandate,” have a particular legal standing. Courts, authorities (for example, environmental or building authorities), and affected companies may use these reports as evidence in administrative, approval, and legal proceedings. Because of legal accreditation and supervision, such expert reports by environmental verifiers enjoy a high level of credibility; in certain procedures, especially for environmental approvals under BImSchG or EMAS registrations, they are even mandatory. However, the final legal assessment always rests with the competent court or authority; the reports serve as a basis and decision-making aid.
What legal liability risks do environmental verifiers face?
Environmental verifiers bear considerable liability risks arising from their statutory mandate and the impact of their reports. According to the general provisions of the German Civil Code (BGB), they are liable for intentionally or negligently incorrect reports. If faulty expert evaluations result in damages, especially to the environment or assets, they may be subject to civil claims for damages. Criminal consequences are also possible in extreme cases—for example, in the case of deliberate misreporting or withholding relevant information. Many environmental verifiers therefore take out appropriate liability insurance to cover potential compensation claims.
What are the legal differences between environmental verifiers and publicly appointed experts?
The main difference between environmental verifiers and publicly appointed experts lies in their statutory basis and accreditation. Environmental verifiers are accredited specifically under the Environmental Audit Act by a government-recognized body (DAU) and are authorized in particular to conduct assessments and validations under EMAS and certain environmental laws. Publicly appointed experts, on the other hand, are appointed by chambers of commerce and industry (IHK) for different specialist areas and are primarily responsible for court and private reports. Both act independently and impartially, but the environmental verifier has broader, legally regulated auditing competence for specific environmental law fields and is exclusively authorized for certain expert activities.
How is the independence and neutrality of an environmental verifier ensured and legally controlled?
The independence and neutrality of environmental verifiers is legally mandated and ensured by various measures. The accreditation and supervision body (DAU) checks both on initial selection and regularly that there are no conflicts of interest (for example, business relationships with clients). Environmental verifiers must disclose any conflicts of interest and withdraw from relevant procedures. In addition, they are bound by confidentiality and may not disclose expert findings without authorization. In the event of violations, disciplinary measures up to and including revocation of accreditation apply. This is intended to ensure that decisions and expert opinions are made solely on the basis of objective, professional assessments.
Are environmental verifiers subject to a special professional oversight or supervision?
Yes, environmental verifiers are subject to specially regulated professional oversight. The Deutsche Akkreditierungs- und Zulassungsgesellschaft für Umweltgutachter (DAU) is responsible, according to § 11 UAG, for supervision, proof of further training, disciplinary measures, and accreditation reviews. Environmental verifiers must regularly provide proof of further training, conduct of expert reviews, and their independence. The DAU can carry out random or case-related supervision. Violations of professional obligations are sanctioned—from reprimands and fines to revocation of accreditation, which prohibits the further practice of the profession. The supervision is intended in particular to protect the public interest and the integrity of the environmental expert system.
