Environmental association; application for recognition as an environmental association operating in Bavaria.
Environmental associations whose field of activity does not extend beyond the territory of the Free State of Bavaria may apply for recognition under the Environmental Appeals Act at the Bavarian State Office for the Environment.
Environmental associations recognized under the Environmental Legal Remedies Act (Umweltrechtsbehelfsgesetz) have legally regulated options for taking legal action against violations of environmental law by filing an appeal, objection or lawsuit. In order to be able to file an appeal under the Environmental Legal Remedies Act, they require recognition under Section 3 of the Environmental Legal Remedies Act (UmwRG).
In Bavaria, the Bavarian State Office for the Environment has been responsible for this since 01.03.2011 in accordance with § 51c 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 Legal Remedies Act are recognized nature conservation associations if, according to their statutory remit, they focus on promoting the objectives of nature conservation and landscape management. These 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 shall specify the statutory scope of tasks to which the recognition applies; in particular, it shall state whether the association primarily promotes the objectives of nature conservation and landscape management, as well as the spatial area to which the recognition relates.
Recognition shall be granted if the association
- according to its statutes, promotes the objectives of environmental protection on a non-material and not merely temporary basis,
- has existed for at least three years at the time of recognition and has been active within the meaning of No. 1 during this period,
- offers the guarantee of appropriate task fulfillment, in particular appropriate participation in official decision-making procedures; the nature and scope of its previous activities, the circle of members and the capacity of the association are to be taken into account,
- pursues charitable purposes within the meaning of § 52 of the German Tax Code, and
- allows any person to join as a member who supports the objectives of the association; members are persons who, upon joining, are granted full voting rights in the association's general meeting; in the case of associations at least three quarters of whose members are legal entities, the requirement set out in the first half of the preceding sentence may be waived, provided that the majority of such legal entities meet this requirement.
You must register via BayernID in the BayernPortal (user name/password is sufficient) to submit an application 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. Agree to an electronic response via the BayernID mailbox before sending the application and include the name of the association.
With an informal application for recognition as a Bavarian environmental association, the supporting documents listed under "Required documents" must be submitted. This can be done in writing or via the secure contact form (see under "Online procedure"). The application and attachments are transmitted in encrypted form via the secure contact form. You therefore do not need to distinguish between documents that need to be protected 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 multiple messages to submit all documents.
If the check for fulfillment of the requirements reveals a need for clarification, the Bavarian State Office for the Environment will contact the applicant via the BayernPortal.
If all requirements are met, the Bavarian Environmental Agency issues a notice of recognition and a fee notice. If the requirements are not met, the applicant is given the opportunity to withdraw his or her application. Otherwise, a fee notice will be issued for the rejection. You will also receive these notices via the BayernPortal if you have agreed to the electronic reply.
The decision is binding. If the recognition requirements are met, recognition must be granted. The recognition requirements must therefore be proven.
Approximately 3 to 6 months, depending on the delivery of complete and meaningful documents by the applicant
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)
- Fee range: 100 to 2,000 EUR (see Tariff No. 8.VIII.0 of the Annex to the Ordinance on the Enactment of the Schedule of Costs to the Act on Costs (Schedule of Costs - KVz))
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited