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Three years from the implementation of the Environmental Agency along with the so-called incentives for environmental compliance, the Compliance Program has become the most commonly used device by the offenders. The high utilization of this mechanism, which is based upon regulatory cooperation with the regulator, is explained both by the important benefit that it signifies to the offenders, and the common administrative practice to favor its approval. In this scenario, an analysis of the role of the subjects taking part in compliance program procedures concludes that an active work of the Environmental Agency in compliance assistance along with a positive weighting of the benefits of the tool by offenders, has strengthened Compliance Programs as an attractive option to terminate sanctioning procedures in a particulary congested enforcement and sanctioning system. However, the scenario of exclusive collaboration between the regulated and the regulator that is set forth in the programs regulation, is exceeded in practice by the significant participation and interference of the complainants and the community affected in these procedures, which shows the importance of revisiting the role of these actors in these procedures and in environmental audit in general.

Superintendencia del Medio Ambiente, Infractor y Denunciante en el Procedimiento de Programas de Cumplimiento Ambiental