Recommendation of the European Parliament and of

the Council of 4 April 2001 providing for

Minimum Criteria for Environmental Inspections in the

Member States

Official Journal L 118 , 27/04/2001 P. 0041 - 0046

Introduction

Aim of the EU environmental policy : harmonisation

In all MS : Licenses are needed ( from national or regional level )

But there are different approaches to permitting legislation :

1. Separate pieces of legislation for the environmental media

2. Integrated permitting : one piece of legislation provides the

coordination of all permits

3. Integrated pollution control : a single license take into account of

the emissions to all environmental media

1. Why do we need inspection ?

Agreement about the need of inspections :

- Indispensable link troughout the legislation

- Instrument for guaranteeing the compliance and uniform maintenance of env. legislation

- Instrument for avoidoing unfair competition

But enforcement of the env. laws is a difficult matter because :

1. Much money involved

2. Not a popular duty

3. Many authorities responsible

4. Too little commitment within authorities

5. Lack of efficiency in the exchange of information

Diffrences within MS in day to day practice.

Lots of parameter have an influence :

1. Capacities

2. Scope and contents

3. Very existence

Need of minimum criteria for inspection

2. Impel (1)

Innovation work : several reports

First report « Minimum criteria for inspections » : regulatory cycle

Permitting

Policy planning

Objectives Legislation

Compliance controlCompliance

promotion

Enforcement

Assessment & feedback

2. Impel (2)

Aim of the first report : Define inspections and list key elements of them :

- planning

- Collection of site specific information

- Analysis of results and regular evaluation

- reporting of inspections activities

Impel projects :

1. Planning and reporting

2. Self-monitoring

3. Frequencies

4. Qualification and training of inspectors (suggestion)

3. Recommandation

Recommandation of the European Parliament and of the Council providing for minimum criteria for environmental inspections in the MS ( 4 April 2001).

Min crit = the organisation and carrying out of inspections

that should be met in the MS

Inspections : Divisions of responsability :

Authorisation

Inspection services

National authority

Regional authority

Local authority

Any legal person

May delegate

public

private

3.1 Recommandation‘s scope

II.1(a) : “This recommendation applies to environmental inspections of

all industrial installations and other enterprises and facilities, whose air

emissions and/or water discharges and/or waste disposal or recovery

activities are subject to authorisation, permit or licensing requirements

under Community law, without prejudice to specific inspection

provisions in existing Community legislation.”

  Directive 

Description

Legislation relating tot integrated pollution prevention and control 1 96/61/EC Integrated pollution prevention and control

2 96/82/EC Control of major-accident hazards involving dangerous substances

3 99/13/EC Limitation of emissions of volatile organic compounds due to use of organic solvents in certain activities and installations

Legislation relating to water quality 4 76/464/EEC Pollution caused by certain dangerous substances discharged into the aquatic environment

5 80/68/EEC Protection of groundwater against pollution caused by certain dangerous substances

6 91/271/EEC Urban waste water treatment

Legislation relating to waste 7 75/442/EC Waste

8 91/689/EEC Hazardous waste

9 99/31/EC Landfill of waste

Legislation relating to air pollution 10 88/609/EEC Limitation of emissions of certain pollutants into the air from large combustion plants

11 89/369/EEC Prevention of air pollution from new waste incineration plants

12 89/429/EEC Prevention of air pollution from existing incineration plants

13 94/67/EC Incineration of hazardous waste

14 2000/76/EC Incineration of waste

15 2001/80/EC Limitation of certain pollutants into the air from large combustion plants

3.2 Categories of inspection(1)

A. Routine inspections : forecasted by a plan

Plans have to cover :

(a) the geographical area

(b) a defined time period,;

(c) specific provisions for its revision;

(d) identify the specific sites or types of controlled installations covered;

(e) prescribe the programmes for routine environmental inspections, taking into account environmental risks; these programmes should include, where appropriate, the frequency of site visits for different types of or specified controlled installations;

have to apply to all environmental insp. of controlled installations

Established at national, regional or local level

plan do report advice

3.2 Categories of inspection(2)

Cycle :

B. Non-routine inspection :

- reactive ( in response to complaints and incidents)

- specific (to increase knowledge of a plant or a sector)

C. Specific inspection :

- to issue a first authorisation

- to ensure the compliance with requirements

- before the reissue, renewal or modification of authorisations

3.3 Role of inspector

II.2 : « environmental inspection" is an activity which entails, as appropriate:

(a) checking and promoting the compliance of controlled installations (…)

(b) monitoring the impact of controlled installations on the environment (…)(c) the carrying out of activities for the above purposes including:

- site visits,- monitoring achievement of environmental quality standards,- consideration of environmental audit reports and statements,- consideration and verification of any self monitoring carried out by or

on behalf of operators of controlled installations,- assessing the activities and operations carried out at the controlled installation,- checking the premises and the relevant equipment

- checking the relevant records kept by the operators of controlled installations. »

3.4 On site inspection

According to the recommandation, site visits should ensure :

- environmental impacts are examined

- reinforcing operators knowledge and understanding

- effectiveness of authorisation

- legal right of the inspector of access to sites and information

- coordination of inspection work ( inspection authorities)

- report of the findings

3.5 Reports and conclusions

The reports and conclusions following site visits have to be :

- finalised as soon as possible

- properly recorded in writing

- maintained in a readily accessible database

- communicated to the operator

- publicly available

The report has to cover :

- the inspection data and their findings

- an evaluation

- conclusion on possible further action

3.6 IMPEL

The recommandation attributes IMPEL network the following tasks :

- coordination

- establishment of a scheme for the report (now in full swing)

- advice on inspection procedures (reviews)

- minimum criteria for the qualification of inspectors (well under way)

- trainings programme

IMPEL has also devlopped a guidance document for the report asked in the point VIII.