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Environmental association; application for recognition as an environmental association active in Bavaria

Environmental associations whose activities do not extend beyond the territory of the Free State of Bavaria can apply to the Bavarian State Office for the Environment for recognition under the Environmental Appeals Act.

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Bayerisches Landesamt für Umwelt

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Bürgermeister-Ulrich-Str. 160
86179 Augsburg

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86177 Augsburg

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Procedure details

Environmental associations recognized under the Environmental Remedies Act have legally regulated options for taking legal action against violations of environmental law by lodging an objection or complaint. In order to be able to lodge an appeal under the Environmental Appeals Act, they require recognition in accordance with Section 3 of the Environmental Appeals Act (UmwRG).

In Bavaria, the Bavarian State Office for the Environment has been responsible for this since March 1, 2011 in accordance with Section 51c of the Competence Ordinance (Zuständigkeitsverordnung - ZustV) if the association's area of activity does not extend beyond the territory of the Free State of Bavaria. The Federal Environment Agency (UBA) is responsible for the recognition of domestic associations with an area of activity that extends beyond the territory of the Free State of Bavaria and for the recognition of foreign associations.

Associations recognized under the Environmental Remedies Act are recognized nature conservation associations if, according to their statutory remit, they primarily promote the objectives of nature conservation and landscape management. They have special rights of participation and legal remedies in accordance with Sections 63 and 64 of the Federal Nature Conservation Act and Article 45 of the Bavarian Nature Conservation Act. The recognition must specify the statutory area of activity to which the recognition applies; in particular, it must state whether the association primarily promotes the objectives of nature conservation and landscape management, as well as the geographical area to which the recognition relates.

Recognition must be granted to in accordance with Section 3 UmwRG if the association

  1. in accordance with its statutes, primarily promotes the objectives of environmental protection on a non-material and not merely temporary basis
  2. has been in existence for at least three years at the time of recognition and has been active within the meaning of number 1 during this period,
  3. offers the guarantee of an appropriate fulfillment of tasks, in particular for an appropriate participation in official decision-making procedures; the type and scope of its previous activities, the membership and the efficiency of the association must be taken into account,
  4. pursues charitable purposes within the meaning of Section 52 of the German Fiscal Code and
  5. enables any person who supports the objectives of the association to join as a member; members are persons who receive full voting rights in the association's general meeting upon joining; in the case of associations whose membership consists of at least three-quarters legal entities, the requirement under half-sentence 1 may be waived if the majority of these legal entities meet this requirement.

  • the statutes or articles of association of the association for which recognition is sought

    This should show:

    • Date of formation
    • purpose of the association
    • spatial and technical area of activity, if applicable nationwide activity and promotion of nature and landscape conservation.

    If the statutes or articles of association contain no or incomplete information on this, the association should send other suitable documents from which the necessary information can be obtained.

  • an up-to-date membership list showing the number of members
  • a confirmation that your association accepts as a member any person who supports the aims of the association (must be stated in the statutes)
  • Information on the professional, organisational and financial resources and performance of your association
  • if it is an umbrella organisation: the statutes of the member organisations
  • if available: an extract from the register of associations or the commercial register
  • proof of the pursuit of charitable purposes
    (e.g. with a current notice of exemption due to the pursuit of charitable purposes; exemption from corporation tax in accordance with § 5 Para. 1 No. 9 KStG) or submission of documents proving the selfless promotion of the general public in the material, spiritual or moral sphere
  • Documents evidencing the association's activities over the past three years;
    Information on the association's activities over the last three years (type and scope of activities to date), e.g. through annual reports, minutes of meetings, press reports
  • a copy of the certificate of recognition, if the association is already recognized under federal or state nature conservation law
  • Information as to whether your association promotes the objectives of nature conservation and landscape management as its main focus (must be stated in the statutes)

You must register via BayernID in the BayernPortal (user name/password is sufficient) in order to apply for recognition as a Bavarian environmental association. Use the contact details of the authorized representative(s) (name, address, telephone number, e-mail) as registration data. Before sending the application, agree to an electronic reply via the BayernID mailbox and state the name of the association.

An informal application for recognition as a Bavarian environmental association must be accompanied by the supporting documents listed under "Required documents". This can be done in writing or via the secure contact form (see "Online procedure"). The application and the attachments are transmitted in encrypted form via the secure contact form. You therefore do not need to differentiate between documents that require protection and those that do not. As a rule, we ask for files in pdf format.
Please note: An attachment may not be larger than 2 MB, no more than 5 attachments may be sent at once and the message as a whole may not be larger than 5 MB. If necessary, please send several messages in order to submit all documents.

If there is a need for clarification when checking whether the requirements have been met, the Bavarian State Office for the Environment will contact the applicant via the BayernPortal.

If all requirements are met, the Bavarian Environment Agency will issue a notice of recognition and a fee notice. If the requirements are not met, the applicant will be given the opportunity to withdraw their application. Otherwise, a fee notice will be issued for the rejection. You will also receive these notifications via the BayernPortal if you have agreed to the electronic reply.

Fee range: EUR 100 to EUR 2,000 (see tariff no. 8.VIII.0 of the Annex to the Ordinance on the Enactment of the Schedule of Costs under the Costs Act (Kostenverzeichnis - KVz))

none

approx. 3 to 6 months, depending on the delivery of complete and meaningful documents by the applicant

The decision is binding. Recognition must be granted if the requirements for recognition are met. The recognition requirements must therefore be proven.

An appeal against a negative decision can be brought before the competent administrative court.

Status: 14.01.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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