structure of presentation background objectives means reporting obligations

Third Plenary Meeting, December 16-17, 2004Brussels

European Commission - DG ENV – A.3 Legal Affairs and Governance

B.E.R.C.E.N.B.E.R.C.E.N.Balkan Environmental Regulatory Compliance Balkan Environmental Regulatory Compliance

and Enforcement Networkand Enforcement Network

Council/EP Recommendation 2001/331/EC providing for Council/EP Recommendation 2001/331/EC providing for minimum criteria for environmental inspectionsminimum criteria for environmental inspections

Françoise Comte, Françoise Comte, DG Environment, European CommissionDG Environment, European Commission





Structure of presentationStructure of presentation

1.1. BackgroundBackground2.2. ObjectivesObjectives3.3. MeansMeans4.4. Reporting obligationsReporting obligations5.5. Organisation of inspection and responsibilitiesOrganisation of inspection and responsibilities6.6. Follow-up to the RecommendationFollow-up to the Recommendation7.7. Conclusions and OutlookConclusions and Outlook





1. Background

• Resolution of the Council 07/10/1997 on the drafting, implementation and enforcement of Community environmental law: invited the Commission to propose minimum criteria and/or guidelines for inspections tasks carried out at Member State level.

•IMPEL (European Union Network for the Implementation and Enforcement of Environmental Law): paper on minimum criteria for inspections 1997

• Adoption of Recommendation 04/04/2001. The Recommendation came into effect on 27/04/2001.





2. Objectives of the Recommendation

Improve the enforcement of environmental law in the Member States

Contribute to a more consistent implementation and enforcement of Community law in all Member States.





3. Means3. Means

Establishing plans for environmental inspectionsEstablishing plans for environmental inspections Performing site-visitsPerforming site-visits Reporting on site-visitsReporting on site-visits Investigating serious accidents, incidents and occurrences of Investigating serious accidents, incidents and occurrences of

non-compliancenon-compliance





4. Reporting obligations4. Reporting obligations

Member States were askedMember States were asked To inform the Commission of the implementation of the To inform the Commission of the implementation of the

Recommendation 12 months after its publication: First report – Recommendation 12 months after its publication: First report – 27/04/200227/04/2002

To report to the Commission on their experience with the To report to the Commission on their experience with the operation of the Recommendation 2 years after its publication: operation of the Recommendation 2 years after its publication: Second report – 27/04/2003Second report – 27/04/2003





ReportsReports

15 Member States15 Member States 10 new Member States10 new Member States Bulgaria + RomaniaBulgaria + Romania NorwayNorway





Standards of reportingStandards of reporting

First reportsFirst reports Highly variable in length, presentation and contentHighly variable in length, presentation and content Conclusion: Guidance for future reporting importantConclusion: Guidance for future reporting important

Second reportsSecond reports IMPEL had developed a Guidance document to support the provision of the IMPEL had developed a Guidance document to support the provision of the information requested for the second report.information requested for the second report. Most of the reports based on this Guidance documentMost of the reports based on this Guidance document





5. Organisation of inspection and responsabilities5. Organisation of inspection and responsabilities

Different systems and practices of inspection Different systems and practices of inspection

throughout the Statesthroughout the States

Only inspection tasks / inspection and permitting tasksOnly inspection tasks / inspection and permitting tasks Sectoral approach or integrated approachSectoral approach or integrated approach Responsibilities differ in detail between the regions in federal Responsibilities differ in detail between the regions in federal

statesstates





Site visits and reporting on site visitsSite visits and reporting on site visits

All countries undertake site visitsAll countries undertake site visits In acceding countries and new Member States, specific In acceding countries and new Member States, specific

approaches predominant – combined or integrated inspections approaches predominant – combined or integrated inspections are at an early stage.are at an early stage.

Available resources seem to be a limiting factor for site visits.Available resources seem to be a limiting factor for site visits. Reports available to the public in the Member States (“access to Reports available to the public in the Member States (“access to

information” Directive).information” Directive).





6. Follow-up to the Recommendation6. Follow-up to the Recommendation

Information from the second report should complete the picture of Information from the second report should complete the picture of inspection systems.inspection systems.

Based on the results of the 2 reports, the Commission will evaluate and Based on the results of the 2 reports, the Commission will evaluate and possibly review the operation and effectiveness of the Recommendation.possibly review the operation and effectiveness of the Recommendation.

Report of the Commission beginning 2006 - Possible proposal for a new Report of the Commission beginning 2006 - Possible proposal for a new legal instrument (binding or non-binding).legal instrument (binding or non-binding).





7. Conclusions and Outlook: 7. Conclusions and Outlook:

organising the environmental inspectionsorganising the environmental inspections Provide adequate staffing and financingProvide adequate staffing and financing Qualified and well-trained inspectors are needed to meet the Qualified and well-trained inspectors are needed to meet the

requirements of the Recommendation.requirements of the Recommendation. Stimulate training and exchange of best practices at all levels of Stimulate training and exchange of best practices at all levels of

inspectors and for all inspecting authorities – SAP countries could inspectors and for all inspecting authorities – SAP countries could learn from the Member States.learn from the Member States.

Importance of implementation of the Recommendation in the SAP Importance of implementation of the Recommendation in the SAP countries: progress in implementation of environmental legislation + countries: progress in implementation of environmental legislation + alignment with the EU environment alignment with the EU environment acquis.acquis.





References of the RecommendationReferences of the Recommendation

Recommendation of the European Parliament and of the Council of April 2001 Recommendation of the European Parliament and of the Council of April 2001 providing for minimum criteria for environmental inspections in the Member providing for minimum criteria for environmental inspections in the Member

StatesStates

Official Journal of the European Communities Official Journal of the European Communities

L 118, 27/04/2001, p. 41L 118, 27/04/2001, p. 41





Contact pointContact point::

Françoise COMTEFrançoise COMTEEuropean CommissionEuropean CommissionDirectorate General EnvironmentDirectorate General EnvironmentUnit A/3 - Legal Affairs and GovernanceUnit A/3 - Legal Affairs and GovernanceRue de la Loi 200, BU-5Rue de la Loi 200, BU-5, 6/158, 6/158B-1049 BruB-1049 Brusselsssels, Belgium, Belgium Tel.: +32-2-29Tel.: +32-2-296.10.426.10.42 Fax: +32-2-29 Fax: +32-2-299.10.689.10.68email: email: francoise.comte-horeangafrancoise.comte-horeanga@@cec.eu.intcec.eu.int

structure of presentation background objectives means reporting obligations

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