Enforcement Undertakings: The ECP’s stance

Enforcement Undertakings (EUs) are voluntary but legally binding agreements between a polluter and the Environment Agency (EA). After a pollution incident, the offender can propose a set of actions to address the damage and prevent it from occurring again. If the EA agrees to the civil sanctions proposed by the offender, this acts as an alternative to full-on prosecution and prevents the regulator from being able to prosecute for the breech in question.

The purpose of the EU is to change the behaviour of the offender and to restore any harm caused by regulatory non-compliance. Where it is not possible to reverse the damage, payments can be made to environmental NGOs to fund projects which will improve the environment and address the impact of the pollution.

It is important to note that EUs are convenient for both offender and regulator – they allow both parties to avoid the expenses associated with drawn-out criminal prosecutions. They are a particularly attractive option for large companies who want to avoid the stigma and reputational damage that a criminal conviction can cause.

The goal of EUs is to take action to repair or offset environmental harm, however in reality, they are essentially allowing pollution to occur without reprimand. If there is no legal consequence to polluting the rivers, then organisations can continue to do so. The ECP’s position is that EU’s allow water companies to evade responsibility for harming the environment and encourage the continuation of sewage spills. A few years ago, the ECP agreed not to take Enforcement Undertakings from anyone, and would urge all environmental NGOs to join us in this stance.  

Sources

Undertakings Report – Wild Fish, 2024

Environmental Undertakings: Our position – South East Rivers Trust