Environmental Compliance Audit: Protection for Managing Directors and Compliance Officers

Why action is needed now

Stricter EU environmental criminal law: The new EU Directive (EU) 2024/1203 leads to a massive expansion of criminal offenses and fines of up to €40 million. Its implementation into German law will fundamentally change the liability landscape for manufacturing companies.

Personal liability of management: Investigations are increasingly targeting company management directly. Even allegations of negligence, for example due to inadequate organization or control, can lead to criminal consequences and jeopardize the private assets of those responsible.

Reputational and financial risks: An environmental violation can not only result in expensive fines, but also in the withdrawal of permits, production stoppages, loss of orders, and irreparable damage to the company's reputation.

The legal audit: your protective shield in detail

An environmental compliance audit conducted by ROSTALSKI Wirtschaftsstrafrecht & Compliance as a specialized law firm is a systematic and confidential process that goes far beyond a technical checklist. The focus is on identifying and legally assessing specific liability risks.

• Analysisof the approval status Systematic review of all environmentally relevant approvals (e.g., under the Federal Immission Control Act (BImSchG) and the Federal Water Act (WHG)) to ensure they are up to date, complete, and comply with the requirements specified therein.
• Review of operational organization Assessment of your internal organizational and responsibility structures. Is it ensured that environmental obligations are clearly assigned, monitored, and documented? (Compliance management system)
• Process and supply chain assessment Analysis of critical processes such as waste and hazardous substance management, as well as compliance with due diligence obligations in the supply chain with regard to environmental regulations.
• Stress test for emergencies Review of your internal emergency and reporting procedures. Is your company prepared for a dawn raid (search by investigative authorities) so that it can respond appropriately in the critical initial phase?

The audit process: Structured, efficient, confidential

1. Confidential initial consultation & mandate: Together, we define the scope and objectives of the audit, tailored to your company. All discussions are subject to attorney-client privilege.
2. Individual audit planning & document analysis: ROSTALSKI creates a customized audit plan and conducts an initial analysis of relevant documents (permits, internal guidelines, etc.).
3. On-site inspection & interviews: Efficient inspection of relevant parts of the business and confidential interviews with key personnel to record actual practices.
4. Preparation of the audit report: You will receive a confidential legal report that clearly identifies the risks, assesses their urgency, and provides specific, prioritized recommendations for action to minimize risk.
5. Support during implementation: Upon request, ROSTALSKI provides support with the strategic implementation of the recommended measures.

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