When addressing violations of transport, infrastructure, environment or housing legislation or regulations in the Netherlands, the Human Environment and Transport Inspectorate (ILT) utilises an interventiematrix (intervention matrix). This matrix forms part of the Landelijke Handhavingsstrategie Omgevingsrecht, LHSO (National Enforcement Strategy for Environmental Law). Using this matrix the ILT can determine the most appropriate intervention required for each individual violation which brings about the most effective social impact. This provides a guarantee that in similar cases, those in violation are treated uniformly.
The ILT has determined the consequences for the most common and most serious violations for each specific area of activity (in Dutch). The ILT determines how to appropriately intervene based on how serious the potential consequences of a violation are for society in combination with the intention behind the offender’s behaviour.
Below the diagram you can find some practical examples of the application of the intervention matrix.
Intervention matrix
Offender -->
Consequences
A. Well-meaning
B.
Reactive
C. Calculating
D. Notorious/ criminal
4. Substantial and/or irreversible
A4
B4
C4
D4
3. Significant
A3
B3
C3
D3
2. Less significant
A2
B2
C2
D2
1. Almost significant
A1
B1
C1
D1
Intervention strategy principles
The following are the strategic principles that form the basis of the intervention matrix:
An effective intervention is appropriate, effective and deters future and/or further offences.
When choosing the type of intervention, its effect is leading.
The ILT works in a risk-oriented and information-driven way. ILT inspectors consider the level of potential harm or harm to society and the intention behind the offender’s behaviour to determine the most appropriate intervention.
There are no rigid guidelines for the sequence of the interventions.
Only in special cases can the ILT can deviate from the enforcement strategy.
The ILT measures the potential impact or impact on society of each intervention. In this way the ILT continuously evaluates its enforcement strategy.
Consequences: substantial and/or irreversible
The ILT assesses the potential consequences of a violation as 'substantial, and/or irreversible' if the violation causes social unrest or serious damage to the environment, damage to nature or water pollution. For example, if the violation could lead to deterioration of soil quality.
Examples of violations
A practical example of a 'substantial and/or an irreversible' violation might be an unauthorised person or organisation performings tasks that may endanger aviation safety. If a maintenance engineer or licensed aircraft engineer performs critical maintenance tasks for which they are not authorised, the offence violation increases the likelihood of an incident with possible fatality or accident.
Consequences: significant
The ILT assesses the potential consequences of a violation as 'significant' if there is a high risk that the violation will cause social unrest. Other possible causes are damage to the environment, damage to nature, water pollution, death, illnesses or injuries. This applies to humans, plants and animals.
A 'significant' risk is still a consideration when the offender has not necessarily directly caused environmental damage. Without recourse, however, the activity may cause deterioration in soil quality or an illegal discharge into the soil or the sewer. For example, when a distributor supplies biocides to users not specified in the authorisation.
Examples of violations
A practical example of a 'significant' violation is when a woningcorporatie (housing cooperative) appoints someone to the Raad van Commissarissen (supervisory board) or management board without the Autoriteit Woningcorporaties, Aw (Housing Corporation Authority) having submitted their zienswijs (opinion) and this person is not reliable, does not have a Verklaring Omtrent Gedrag, VOG (Certificate of Good Conduct) or turns out to be unsuitable for the position.
A practical example of a 'significant' violation is when a person or company performs tasks using incorrect maintenance instructions. In doing so, aviation safety may be at risk and the likelihood of a non-fatal accident is high.
A practical example of a 'significant' violation is when a self-employed person or ZZP'er (freelancer) works for a taxi company in verkapt dienstverband (false self-employment).
Another practical example is when heavily overloaded vehicles are being on public roads. These violations can put drivers' welfare at risk, create unfair competition, damage infrastructure and pose serious risks to other road users.
Consequences: less significant
The ILT assesses the possible consequences of the offence violation as 'less signicant' when there is limited risk that the violation will cause social unrest, damage to the environment, death, illness or injury. For example, when an organisation using biocides does not keep proper administrative records.
Examples of violations
A practical example of a 'less significant' violation is when an administrative activity is that frequently carried out, is carried out incorrectly. This is something that can be adjusted.
A practical example of a 'less significant' violation is when a waybill has not been not filled out completely or when a driver is found to not be carrying a certified copy of the communitaire vergunning (Community licence) when transporting goods.
Consequences: almost insignificant
The ILT will assesses the possible consequences of the a violation as 'almost insignificant' when the violation is of a purely administrative or procedural nature with no consequences for the natural environment and living environment. For example, a minor label error or an advertisement for a biocide without the mandatory directions and disclaimer clearly displayed.
Examples of violations
A practical example of an 'almost insignificant' violation is when an organisation or person carrying out a procedure in that deviates from the procedure description but does not affect aviation safety.
Another practical example is when an experienced employee receives annual mandatory 'continuation training' 1 week later than the required date.
A practical example of an 'almost insignificant' violation is when the truck loading requirement is exceeded by less than 5%.
Behaviour: Well-meaning
The ILT assesses an offender’s behaviour as 'well-meaning' when a violation occurs unintentionally, when the offender is inclined to follow the rules and makes attempts to remedy the violation of their own accord.
Examples of violations
A practical example of 'well-meaning' behaviour is when a company that ceases operations immediately applies for recognition, a licence or an approval. The company immediately corrects the violation and reports the improvement measure to the ILT after a few days instead of the usual 3 months.
A practical example of 'well-meaning' behaviour is when a transporter carrier is transparent in dealing with the ILT and willing to improving its operations according to laws and regulations. The carrier responds clearly and openly to questions from the ILT inspector, has transparent records and immediately stops activities that are not according to regulations, making any improvements required. The carrier explains its personnel policy. This allows the ILT to determine whether the company meets employment requirements.
Behaviour: reactive
The ILT assesses an offender behaviour as 'reactive’ when the offender is indifferent in their attitude, or does not take active steps to correct the violation. The offender does not take much notice of the public interest, with the consequences of the violation not being of much concern. For example, an entrepreneur who started trading in hand disinfectants without first examining the legislation.
Examples of violations
A practical example of 'reactive' behaviour is when a carrier is doing their best in operating their business and doing what they think is right, without properly looking into the requirements. The carrier uses hires a ZZP'er (freelancer) with their own licence, without owning vehicles and wrongly believes this is permitted.
Behaviour: calculating
The ILT assesses an offender’s behaviour as 'calculating/opportunistic' when an offender deliberately obstructs the ILT inspector. The offender is aware of the consequences of their behaviour and is aware of the substantial likelihood that these consequences may eventually occur. For example, if a company has deliberately waited for an ILT inspector to arrive only then to act.
Examples of violations
A practical example of 'calculating/opportunistic' behaviour is when an organisation remedies a violation, but does not look any further to see if this violation occurs in other parts in the organisation. The organisation does not carry out the follow-through in other parts until the ILT determines this as a requirement. Or violations are always remedied, but the actual cause is not addressed.
A practical example of 'calculating/opportunistic' behaviour is when an organisation has included the cost of a violation in a cost-benefit analysis before the violation actually taking place. The violation is therefore a deliberate consideration.
Behaviour: notorious / criminal
The ILT assesses an offender's behaviour as 'notorious/criminal' when the offender is knowingly not abiding by the rules, is part of a criminal organisation or engages in fraud, deceit or money laundering. For example, by falsifying certificates, analysis statements, reports or deliberately withholding information.
Examples of violations
A practical example of 'notorious/criminal' behaviour is when an organisation intentionally issues an European Union Aviation Safety Agency (EASA) Form 1, also known as a Bewijs van luchtwaardigheid, BvL (certificate of airworthiness) for a component that is not airworthy.
Another practical example is when an organisation is deliberately not performing certain maintenance tasks, while signing them off in the maintenance file.
A practical example of 'notorious/criminal' behaviour is when a carrier uses a postbusfirma (letterbox company) in the Netherlands but their physical offices are located outside the Netherlands
Another practical example is when a carrier deliberately operates without the required licences.
Possible interventions
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Tightening of supervision
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Tightening of supervision
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Suspension or revocation of licence, certificate or accreditation
Operating ban/closure
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Suspension or revocation of licence, certificate or accreditation
Operating ban/closure
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Warning
Administrative interview
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Tightening of supervision
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Tightening of supervision
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Suspension or revocation of licence, certificate or accreditation
Operating ban / closure
Proces verbaal, PV (official report)
The ILT can take the following measures.
Addressing
Informing
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Warning
Administrative interview
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Tightening of supervision
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Last onder dwangsom, LOD (order subject to a penalty for non-compliance)
Last onder bestuursdwang, LOB (Administrative enforcement order)
Suspension of operations
Administrative penalty
Proces verbaal, PV (official report)
The ILT can take the following measures.
Addressing
Informing
The ILT can take the following measures.
Addressing
Informing
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Warning
Administrative interview
Administrative penalty
Bestuurlijke strafbeschikking milieu, BSBm (Administrative penalty decision for the environment)
Proces verbaal, PV (official report)
The ILT can take the following measures. For some violations multiple interventions are possible. The ILT may apply some measures simultaneously, and some measures consecutively.
Warning
Administrative interview
Administrative penalty
Proces verbaal, PV (official report)
What does each measure entail?
'Addressing' or 'informing' is an informal intervention following an inspection. It is intended to ensure that the offendor complies or can comply with the law. Addressing or informing is carried out verbally, or by giving information on paper or by referring to sources of information such as a website.This intervention is mainly used with well-meaning offenders who unintentionally fail to comply with the law and are motivated to solve the violation themselves as soon as possible.
'Warning' means that the offender receives a Tekortkoming(en) bij inspectie (Inspection shortcomings) letter following an ILT inspection. This states what measures or provisions an organisation must take to comply with the law and within what timeframe this must carried out. If the offender fails to take the measures or provisions in the letter within the given period, the letter also states that the ILT will then take administrative law interventions, such as a Last onder dwangsom, LOD (order subject to a penalty for non-compliance), Last onder bestuursdwang, LOB (Administrative enforcement order) or a boeterapport (penalty report).
In an 'administrative interview', the ILT talks to the offender or the management team of the offending organisation. This is amore severe intervention the ILT can carry out in addition to a 'warning'.
Under 'tightening of supervision', the ILT acts when an offender fails to comply with the law several times. The ILT then increases or intensifies its supervision of the offender. Before the ILT carries out tightening of supervision, there is often an administrative interview (see 'administrative interview') where tightening of supervision is discussed. The ILT also explains the conditions under which it will lift the tightening of supervision.
With an LOD, the ILT imposes an obligation (an 'order') on the offender to undo, end or prevent a violation. If the offender fails to comply, then a penalty payment must be made. When imposing an LOD, the ILT takes the following steps:
The inspector announces the intention to impose an LOD with a recovery period, plus the period for presenting zienswijzen (opinions).
If the offender does not remedy their violation then a sanction decision follows: the ILT imposes an LOD with a recovery period.
If the offender does not remedy the violation within the recovery period then the ILT collects the penalty payment.
If the zienswijs (opinion)or other means of evidence shows that the violation has been remedied, the aforementioned procedure (step 3) does not need to be carried out in full. A concluding letter will be issued stating that no sanctions will be imposed.
The ILT utilises an LOOB to intervene in order to remedy a violation. It does so at the offender's expense. When imposing an LOB, the ILT takes the following steps:
The ILT inspector announces the intention to impose an LOB with a recovery period, plus the time limit for making zienswijzen (opinions) known.
If the offender does not remedy the violation then a sanction decision follows: the ILT imposes an LOB with a recovery period.
If the offenders does not remedy the violation within the recovery period the ILT carries out the LOB and remedies the violation.
The ILT collects the costs incurred in resolving the violation from the offender.
In urgent situations and in serious violations, the LOB is the most appropriate administrative legal intervention. The ILT can demand the immediate cessation of the violation. It may then deviate from the steps as detailed above (steps 1-4). If the offender does not want to cease the violation the inspectorate can take action. However, the Inspectorate must issue a formal sanction decision as soon as possible.
The ILT can temporarily halt activities or vehicles until the violation is remedied and the law is complied with.
An 'administrative penalty' requires the offender to pay a sum of money because of a violation. The ILT can impose an administrative penalty without the intervention of the Openbaar Ministerie, OM (Public Prosecution Service) or a judge. The Centraal Justitieel Incassobureau, CJIB (Central Judicial Collection Agency) arranges the collection and recovery of penalties in the Netherlands. If you do not agree with the administrative penalty that you have been issued you can object and lodge an appeal with the ILT.
The 'suspension or revocation of a licence, certificate or accreditation' involves withdrawing all or part of an offender's licence, certificate or accreditation. This intervention is especially appropriate if the offender fails to act after previous interventions, such as an LOD.
In instances of an 'operating ban or closure', the ILT can shut down or prohibit the operation of businesses of non-licensed perpetrators under the Fraudewet (Fraud Act).
The BSBm is intended for relatively straightforward violations where there is no doubt about the guilt of the offender. Without the intervention of the Openbaar Ministerie, OM (Public Prosecution Service), the ILT can impose a penalty. The Richtlijn bestuurlijke strafbeschikkingsbevoegdheid milieu- en keurfeiten (Guideline pertaining to the authority to issue administrative penalty orders for environmental offences and offences in accordance with water authority byelaws) sets out the limits and circumstances for issuing a BSBm. If the ILT cannot issue a BSBm, consultation with the OM is often necessary. The Centraal Justitieel Incassobureau, CJIB (Central Judicial Collection Agency) arranges the collection and recovery of a BSBm.
The ILT can draw up PV if it suspects or detects a criminal offence. A PV is the basis for further action by the Openbaar Ministerie, OM (Public Prosecution Service). This may lead to measures such as: a penalty, community service, imprisonment, deprivation of illegally obtained benefits, publication of the verdict, closure of the company and forfeiture.
