Consultant: CMDC Joint Venture

Reflections on draft Recommendations for Revision to Administrative Regulations:

By Norman Sheridan, Legal & Institutional Expert on the Capacity Building Project.Milieu

Consultant: CMDC Joint Venture

Reflections on draft Recommendations -2:

The objective of the Recommendations is:

“Preparation of models of good environmental administration at the local and regional levels in the PHARE countries” (ToR)

Scope:

“Preparation of proposals for any recommended revisions to existing administrative regulations in order to facilitate the application of the target legislation, based on a critical review of the experience in the pilot areas” (ToR)

Consultant: CMDC Joint Venture

Reflections on draft Recommendations -3:

Consultants Approach and Methodology:

“- clarifying/improving the formal & informal role of the different players & stakeholders ..- improving information transfer mechanisms between stakeholders nationally & internationally- improving the procedures for involvement of stakeholders-enhancing the cost-effectiveness of EIA & IPPC procedures to optimise the use of scarce resources- ensure optimal correspondence between formal & official responsibilities and procedures and the actual capacities & resources available”

Consultant: CMDC Joint Venture

Reflections on draft Recommendations -4:

Consultants Approach and Methodology (continued):

Will be based on institutional weaknesses identified in the Capacity Review Reports, and on the experience gained through the training.

Must include the legal and regulatory framework, including laws, regulations, and administrative & technical guidance documents

Must also consider the actual implementation & enforcement as it is taking place.

Consultant: CMDC Joint Venture

Reflections on draft Recommendations -5:

Consultants Approach and Methodology (continued):

Based on a Bottom-up approach:-- what are the problems facing the authorities in their daily work-what needs to be done to improve this situation- what changes are required to give effect to these improvements

Recommendations have been proposed by- authorities in the pilot regions- participants in the Common Issues Workshops- participants at the Stakeholder Workshops.

Recommendations have been/will be discussed with - the Steering Committees- the Ministries of Environment

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 6:

Preliminary conclusions:

Latvia was used as a “pilot” to test and evaluate the content and format of the Recommendations * Outputs will be made available in web site format.

*Some general themes emerge:

Consultant: CMDC Joint Venture

Latvia Estonia Lithuania Czech Rep

Slovakia Hungary Slovenia Poland Bulgaria Romania

Total number of IPPC installations

72 117 160 1334 520 514 in 6 regions

150 2.500 138 in 6 regions

716

Permitted installations as percent of total.

51% 15 % 24% 26% 27% 24% 0 10% 36% 7%

Number of permitting officers

29 15 (+30 sector

specialists)

30 65 32 100 8 110 15 50

Cases per officer 2 - 3 7 5 - 6 20 16 5 - 6 17 - 18 23 9 14 -15 Year of final adoption of IPPC dir.

2001 2002 2002 2003 2004 2002 31 October

2007

2002 2003 2004

Period of validity of the permit

5 Years

1 year 8 years No limit.

8 years, or 10 years if

EMAS

5 years 10 years 10 years with

revision after 5 years.

5 years 5 years

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 7:

Legal aspects:

Some amendments are required to;*Complete transposition and/or make clarifications for EIA & IPPC

*Complete transposition of 2003/35/EC

*Rectify inconsistencies with other pieces of legislation

*More realistic time periods for-Consideration of documents-Public consultation

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 8:

Enhanced Guidelines

EIA:*Screening

- salami slicing- cumulative effects

IPPC*ID of categories of industry *Boundaries*Significant change*BREFs in national language

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 9:

Cross-cutting themes 1

Enhanced Guidelines: *Confidentiality*Public participation

Clearer procedures:*Co-ordination with other authorities

-water-nature-municipalities

*Requests for “further information”

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 10:

Cross-cutting themes 2

Fees for EIA/IPPC*Plus side- better quality documents submitted- raise revenue for improvements/staff-make developer/operator more responsible*Down side-fear that authorities will be expected to do all the work-attempts to avoid obligations

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 11:

Cross-cutting themes 3

Other “innovative” ways to reduce workload/ improve efficiency e.g.

-General Binding Rules-simpler permits for non-IPPC installations-simpler requirements for “screening” documentation

Consultant: CMDC Joint Venture

•Reflections on draft Recommendations - 12:

Cross-cutting themes 4

Training- Non pilot authorities- Continuous development- New staff- Other relevant authorities- Other areas – especially Negotiation skills

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 13:

Proposals for the Commission:

IPPCGuidelines on:*Boundaries and “technically connected”*Substantial change, with indicative quantitative values

Consultant: CMDC Joint Venture

Reflections on draft Recommendations - 14:

Thank you