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Conference on Implementation and En-forcement of Environmental Legislation Session 5:

New Requirements on Inspection. New Requirements on Inspection. Conference on Implementation and En-forcement of Environmental Legislation Session 5: Compliance and Enforcement. European Union Network for the Implementation and Enforcement of Environmental Law. Malta, October 2013.

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Conference on Implementation and En-forcement of Environmental Legislation Session 5:

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  1. New Requirements on Inspection New Requirements on Inspection Conference on Implementation and En-forcement of Environmental Legislation Session 5: Compliance and Enforcement European Union Network for the Implementation and Enforcement of Environmental Law Malta, October 2013 Horst Büther, Germany

  2. History 1997: IMPEL – Minimum Criteria for Inspections 1999: IMPEL - Reference Book for Environmental Inspections 2001: EU – Recommendation on Minimum Criteria for Environmental Inspections 2007: IMPEL – Step by Step Guidance Book for Planning of Environmental Inspections 2011: IMPEL – easyTools Risk Assessment Guidance Book 2011: EU - Industrial Emissions Directive 2012: IMPEL – Guidance for IED Inspections IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 2

  3. IED Articles on Inspections Recital 26: staff and qualifications Article 3: Definitions Article 7: Incidents and accidents Article 8: Non-compliance Article 14: Annual emissions report Article 16: Monitoring requirements Article 21: Reconsidering of permit conditions Article 23: Environmental inspections IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law • For the first time obligatory October 2013 Malta 3

  4. IMPEL Project IED Inspections IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law Project member countries Project supporting countries October 2013 Malta 4

  5. Article 9 easyTools RISK ASSESSMENT GUIDANCE BOOK 10 Final version February 2012

  6. Article 3: Definitions IED Inspections IED Inspections (22) ‘environmental inspection’ means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact; European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 6

  7. System of environmental inspections / full range of environmental effects Environmental inspection plan Content of the inspection plan Environmental inspection program / frequency of site visits / risk appraisal / risk criteria Non-routine inspections Inspection report IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law Article 23: Environmental inspections October 2013 Malta 7

  8. Article 23: Environmental inspections Each environmental inspection plan shall include the following: a general assessment of relevant significant environmental issues; the geographical area covered by the inspection plan; a register of the installations covered by the plan; procedures for drawing up programmes for routine environmental inspections pursuant to paragraph 4; procedures for non-routine environmental inspections pursuant to paragraph 5; where necessary, provisions on the cooperation between different inspection authorities. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 8

  9. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law Article 23: Environmental inspections 4. - - Based on the inspection plans, the competent authority shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks. If an inspection has identified an important case of non-compliance with the permit conditions, an additional site visit shall be carried out within 6 months of that inspection. October 2013 Malta 9

  10. Lucom Interaction Platform October 2013 Malta 10

  11. Article 23: Environmental inspections The systematic appraisal of the environmental risks shall be based on at least the following criteria: the potential and actual impacts of the installations concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents; the record of compliance with permit conditions; the participation of the operator in the Union eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009. The Commission may adopt guidance on the criteria for the appraisal of environmental risks. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 11

  12. Risk Criteria Potential impacts Kind and type of installation Risk of accidents Handling and storage of waste Actual impacts Levels and types of emissions: air, water, soil Sensitivity of the local environment Incidents and accidents Operator performance Compliance with permit conditions Attitude of the operator Environmental management system (EMAS) Environmental permit Rn: 53.8851-16- 03513 Regional District Admin. Cologne October 2013 Malta 12

  13. Potential Impacts IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 13

  14. Actual Impacts IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 14

  15. Integrated Risk Assessment Method IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta

  16. IRAM principles The inspection frequency is determined by the highest impact score The inspection frequency is reduced by one step, if the set number of highest scores is not met (the Rule) The inspection frequency can be changed by one step up or down based on operator performance The more criteria are scored high, the more inspection effort is needed Integrated Risk Assessment Method IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 16

  17. Implementation of the IED into the (German) Law on Pollution Control Betensted / Grandjot / Waskow, ZUR 7-8/2013, 395-403: Inspection Programs IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law ...assessment methods are developed that distinguish between impact and operator criteria; the mean value problem, …, shall be solved by using the most severe criterion for determining the inspection frequency. October 2013 Malta

  18. Web Tool and Database The IRAM rules were implemented into a web based programme for risk assessment in inspection planning The programme distinguishes between:Coordinator ---► decides on inspection task, criteria, and steering terms and factorsInspector ------► does the risk assessment No assessment data storage in the internet The assessment data can be downloaded as xml- or csv-files and be imported into national data bases (Access and Excel) Address of the programme:https://www.fms.nrw.de/lip/authenticate.do IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 18

  19. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law Lucom Interaction Platform October 2013 Malta 19

  20. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law Lucom Interaction Platform New Language Versions English Czech Deutsch Français Hrvatski Portuguese Slovenian Welcome, Koordinator BR Köln! Date of the last logon: April 1, 2013 at 6:14 PM You are on the IMPEL form server that provides you with an application for risk assessment in inspection planning. October 2013 Malta 20

  21. Article 23: Environmental inspections IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law 5. Non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit. October 2013 Malta 21

  22. Scope of Site Visits Non-routine inspections Scope is defined by kind of accident, complaint, etc. Routine inspections Scope depends on the risk profile Criteria with highest risk will get most attention Criteria with lowest risk will get least attention Scope also depends on qualifications involved IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 22

  23. Unannounced Inspections At factories causing problems After serious occurrences of non-compliance, accidents After repeated non-compliances After repeated complaints As an expansion of a site visit To check an ordinance As focus inspection After exceeding of ELV‘s or EQS‘s As control of EQS‘s IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 23

  24. Graduation of non-compliance A Minor B Relevant C Serious cases of non-compliance Were is the violation: Compliance with☻ ☻☻permit conditions Emission limit☻ ☻☻values are kept Environmental quality☻ ☻ ☻standards are kept Aim of permit achieved☻ ☻☻ ------------------------------------------------------------------------- Case of non-compliance:ABC Requires: ☻nothing ☻assessment ☻enforcement IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 24

  25. Article 23: Environmental inspections 6. Following each site visit, the competent authority shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary. The report shall be notified to the operator concerned within 2 months of the site visit taking place. The report shall be made publicly available by the competent authority in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information within 4 months of the site visit taking place. Without prejudice to Article 8(2), the competent authority shall ensure that the operator takes all the necessary actions identified in the report within a reasonable period. IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 25

  26. Inspection Report Notification to the operator 2 month after on-site inspection Publicly available 4 month after inspection in accordance with EID Art. 3: on demand Art. 7: summary on the internet Content of the summary Description of the installation and the inspection Results: minor/relevant/serious non-compliance Measures to be taken by the operator and the inspection authority IED Inspections IED Inspections European Union Network for the Implementation and Enforcement of Environmental Law October 2013 Malta 26

  27. Umweltinspektionsbericht Fa. Guss GmbH & Co. KG, Aachen vom 12.12.2012 A) ... ... October 2013 27

  28. Thank you for your attention horst.buether@brk.nrw.de October 2013 Malta 28

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