Environmental inspection in CR: is it necessary to change the strategy?

1. Environmental inspection in CR: is it necessary to change the strategy? Ladislav Miko MoE

2. Tradition • CEI: decades of tradition,is neither new nor inexperienced • Indispensable important results achieved, CEI contribution is not possible exactly define • As a tradition media-specific approach, mainly reprisal function (as public sees it) • Not really visible integration within the last years, so far rather formal

3. Inconsistent requirements • Increasing pressure on CEI from all sides • More legislation on enforcement, requirements on reporting and records • Public, NGO ask for higher intensity of reprisal actions, number of complaints and petitions is increasing • Industry and business spheres ask for reduction of regulatory burden and simplifying of procedures, reduction of inspection numbers • Number of employees of CEI will at least not increase, more probably will go down,there will be less financial resources • How to get out of it?

4. England: „smart enforcement“ • Possibility of inspiration abroad • Increasing requirements on CEI is not possible to solve with increasing capacity (neither personnel nor financial) • A change to overall approach to regulation and law enforcement? • Orientation on the results and not on the activity: the effect is important, degree of risk, consistent approach and effective communication.

5. Modern regulation • Is base on common responsibility of the regulator and subject regulated, the basis is to motive to active approach for environmental burden reduction above the minimal level set by the law • Model based on so-called regulatory cycle

6. Modern regulation scheme Definition of outputs and risks Stimulus, sector plans Selection of tools Permits, alternative approaches Assessment of compliance and enforcement Evaluation and information

7. Definition of outputs and risks • Concrete measurable effects which should be reached • Concentrate capacities on activities with bigger effect, however connected with higher risk for environment • Stimulus: legislation, policies, general environmental needs, best practice • Sector plans: specific aims of sectors

8. Selection of tools • Direct regulation: • directly with legislation • standard permits • registration • agreement permits (IPPC?) • Alternative approaches: • environmental taxes • system of credit trading • agreement and voluntary agreements • education and consultancy • EMS

9. Selection of tools (2) • Basic rule for standard methods: the procedure is selected which requires less sources for reaching the aim • Taxes: possibility to connect with economic pressure • Credit trading: maybe cheapest for the regulated very flexible, own decision-making of the regulated • Voluntary agreements: the highest rate of conviction of the regulated • Education, consultancy: wide scope, mainly for new regulation and wide auditorium • EMS: systematic approach to the problematic at the management level

10. Compliance assessment and enforcement • Basic relations: Reports, data The Regulated: EMS Records Own monitoring Auditing Local specifics Regulator (env. body): Compliance plan Approach on the basis of risk evaluation Final outputs Monitoring inspection Data evaluation compliance permit inspection Visits, inspection, audits,inquiries,enforcement

11. Compliance control and enforcement (2) • Process of compliance assessment: • suitable mixture of methods: inspection on site, audits, procedure control, assessment of reports and data from monitoring, inspection monitoring, reaction to accidents and complaints • Basic rules: • Operator should get right to less frequent inspection, if acts well • Tasks of the operator is to make public data from monitoring, it increases confidence • Where the legislation is breached, action follows, harsh and predictable. Main aim is to eliminate harm to nature or correction of caused damage

12. Evaluation and information • Evaluation of effects – help during setting new goals and procedures • Information: increasing public awareness about results achieved • Supporting regulated community to openness, information for all people interested, communities in neighbourhood, investors

13. Summary • Potentially inconsistent requirements can be fulfilled with assumption of regulatory regime which helps regulated community to improve, rewards the ones who are acting well but is strict to the one who do not reach acceptable limits. • Comment: Result oriented procedures at present better suit for evaluation the effect of work and setting priorities for the future,it is possible cyclically to improve the overall quality of the environment.

14. Questions at the end • Nothing new under the sun? • Is this approach possible with the Czech legislation?What is necessary to be done or change? • Should CEI use alternative approaches or should it be just the obnoxious „policeman“? • Should permitting be connected with enforcement? • Is it possible in new conditions to keep separate inspection and permitting? • Are we using effectively existing capacities? • Are the inspection activities bound to the highest real effect? What will happen if some of the activites are limited?