INSPECTION AND ENFORCEMENT APPROACH
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Explore how to identify regulated entities, their compliance levels, and the enforcement strategies under legal provisions. Prioritize inspection criteria, aims, and characteristics for effective enforcement.
INSPECTION AND ENFORCEMENT APPROACH
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Presentation Transcript
IDENTIFYING THE REGULATED COMMUNITY • Which are the companies / inspection sites? • What is the company business / inspection situation? • Under which legal provisions? • What is their compliance level? • Who is in charge / responsible? Roundtour WP2 - Workshop Inspection approach
Table 3-6. A list of possible criteria to set priorities for inspection and enforcement Prioritisation • Environmental aspects • Administrative aspects • Human health and social aspects • Available resources • Deadlines • Decision-making hierarchy Roundtour WP2 - Workshop Inspection approach Source: OECD
Table 3-6. A list of possible criteria to set priorities for inspection and enforcement Workshop Prioritisation • Select from the list 10 criteria to set inspection priorities • You may add other criteria yourself • Give the sequence of the importance of the criteria (nr. 1 • is most important, nr. 10 least important Roundtour WP2 - Workshop Inspection approach Source: OECD
Aims of inspection and enforcement approach • Return violators to compliance • Impose a sanction • Remove economic benefit of non - compliance • Correct environmental damages • Correct internal company management problems Roundtour WP2 - Workshop Inspection approach
Characteristics • Proportionality • Consistency • Transparency • Firmness • Fairness Roundtour WP2 - Workshop Inspection approach
Responsibility Politicians and managers chose Inspectors use And offenders loose Roundtour WP2 - Workshop Inspection approach
Inspection approach(informal) • selection of target groups • promoting operator behavior by creating • understanding • public announcement of inspections • publication of information sheets • publication inspection results • choice between announced / unannounced • inspections • use of co-operation mechanisms Roundtour WP2 - Workshop Inspection approach
Enforcement approach(formal) • report writing on non-compliance • notification of non-compliance • imposing sanctions • repealing a license • closing a company • restoring the situation on expense ofthe offender • confiscation Roundtour WP2 - Workshop Inspection approach
Workshop • Describe the inspection approach that you would • prefer • Explain 3 benefits and 2 disadvantages • Describe the enforcement approach that you would • prefer • Explain 3 benefits and 2 disadvantages Roundtour WP2 - Workshop Inspection approach