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Structure of presentation Background Objectives Means Reporting obligations

Council/EP Recommendation 2001/331/EC providing for minimum criteria for environmental inspections Françoise Comte, DG Environment, European Commission. Structure of presentation Background Objectives Means Reporting obligations Organisation of inspection and responsibilities

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Structure of presentation Background Objectives Means Reporting obligations

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  1. Council/EP Recommendation 2001/331/EC providing for minimum criteria for environmental inspectionsFrançoise Comte, DG Environment, European Commission

  2. Structure of presentation • Background • Objectives • Means • Reporting obligations • Organisation of inspection and responsibilities • Follow-up to the Recommendation • Conclusions and Outlook

  3. 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.

  4. 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.

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

  6. 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

  7. Reports • 15 Member States • 10 new Member States • Bulgaria + Romania • Norway

  8. 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

  9. 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

  10. 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).

  11. 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).

  12. 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.

  13. 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

  14. 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.: +32-2-296.10.42 Fax: +32-2-299.10.68 • email: francoise.comte-horeanga@cec.eu.int

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