CouncilEP Recommendation 2001331EC providing for minimum criteria for environmental inspections Fran

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Council/EP Recommendation 2001/331/EC providing
for minimum criteria for environmental
inspectionsFrançoise Comte, DG Environment,
European Commission
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• Structure of presentation
• Background
• Objectives
• Means
• Reporting obligations
• Organisation of inspection and responsibilities
• Follow-up to the Recommendation
• Conclusions and Outlook

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• 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.

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• 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.

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• 3. Means
• Establishing plans for environmental inspections
• Performing site-visits
• Reporting on site-visits
• Investigating serious accidents, incidents and
  occurrences of non-compliance

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• 4. Reporting obligations
• Member States were asked
• To inform the Commission of the implementation of
  the Recommendation 12 months after its
  publication First report 27/04/2002
• To report to the Commission on their experience
  with the operation of the Recommendation 2 years
  after its publication Second report 27/04/2003

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• Reports
• 15 Member States
• 10 new Member States
• Bulgaria Romania
• Norway

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• Standards of reporting
• First reports
• Highly variable in length, presentation and
  content
• Conclusion Guidance for future reporting
  important
• Second reports
• IMPEL had developed a Guidance document to
  support the provision of the information
  requested for the second report.
• Most of the reports based on this Guidance
  document

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• 5. Organisation of inspection and
  responsabilities
• Different systems and practices of inspection
• throughout the States
• Only inspection tasks / inspection and
  permitting tasks
• Sectoral approach or integrated approach
• Responsibilities differ in detail between the
  regions in federal states

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• Site visits and reporting on site visits
• All countries undertake site visits
• In acceding countries and new Member States,
  specific approaches predominant combined or
  integrated inspections are at an early stage.
• Available resources seem to be a limiting factor
  for site visits.
• Reports available to the public in the Member
  States (access to information Directive).

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• 6. Follow-up to the Recommendation
• Information from the second report should
  complete the picture of inspection systems.
• Based on the results of the 2 reports, the
  Commission will evaluate and possibly review the
  operation and effectiveness of the
  Recommendation.
• Report of the Commission beginning 2006 -
  Possible proposal for a new legal instrument
  (binding or non-binding).

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• 7. Conclusions and Outlook
• organising the environmental inspections
• Provide adequate staffing and financing
• Qualified and well-trained inspectors are needed
  to meet the requirements of the Recommendation.
• Stimulate training and exchange of best practices
  at all levels of inspectors and for all
  inspecting authorities SAP countries could
  learn from the Member States.
• Importance of implementation of the
  Recommendation in the SAP countries progress in
  implementation of environmental legislation
  alignment with the EU environment acquis.

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• References of the Recommendation
• Recommendation of the European Parliament and of
  the Council of April 2001 providing for minimum
  criteria for environmental inspections in the
  Member States
• Official Journal of the European Communities
• L 118, 27/04/2001, p. 41

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• Contact point
• Françoise COMTE
• European Commission
• Directorate General Environment
• Unit A/3 - Legal Affairs and Governance
• Rue de la Loi 200, BU-5, 6/158
• B-1049 Brussels, Belgium
• Tel. [phone] Fax [phone]
• email francoise.comte-horeanga_at_cec.eu.int