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Compliance StrategyMinistry of Housing, Spatial planning and the Environment

Presentation OECD meeting

2nd and 3rd December 2004

Paris

Annemiek Roessen

regional director-inspector VROM Inspectorate

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COMPLIANCE STRATEGY

MISSION OF THE VROM INSPECTORATE:

• The Inspectorate contributes to a measurable better compliance of regulation

and thereby

• contributes to a safe, healthly and sustainable environment

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COMPLIANCE STRATEGY

Why a compliance strategy ?

The compliance strategy is a tool for:• Doing the right things

• Doing things right

• Being accountable

• Societal problem solving

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COMPLIANCE STRATEGY

Basic principles of the compliance strategy:

• It is a way of thinking

• Compliance is not only the responsability of the Inspectorate but also of the Policy makers of VROM

• Simple and applicable in different situations

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COMPLIANCE STRATEGY

Compliance strategy is based on 4 factors:

• Risk

• Non-compliance rate

• Knowledge of the reasons for non-compliance

• Smart interventions

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COMPLIANCE STRATEGY

Doing the right things:

Priority setting of enforcement activities for approx. 450 tasks

Major risk Low non compliance rate

Major risk High non compliance rate

Minor risk Low non compliance rate

Minor risk High non compliance rate

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COMPLIANCE STRATEGY

Being accountable:

• Red quarter tasks: priority• Blue quarter tasks: not this year• Orange en yellow quarter tasks: regular tasks

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COMPLIANCE STRATEGY

Doing things right:

• Develop intervention strategies, when you know the reasons for non-compliance.

• Pick the right intervention mix in order to be most efficient

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COMPLIANCE STRATEGY

Eleven reasons for non-compliance

 

Aspects of spontaneous compliance 

1 Knowledge of the regulations

2 Costs/benefit ratio

3 Degree of acceptance

4 Loyalty and obedience of the target group

5 Informal monitoring 

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COMPLIANCE STRATEGY

Aspects of monitoring 

6 Informal report probability

7 Monitoring probability

8 Detection probability

9 Selectivity 

Aspects of sanctions 

10 Chance of sanctions

11 Severity of sanctions

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COMPLIANCE STRATEGY

An intervention is a mix of possible intervention tools:

• Policy interventions

• Policy development

• Communication

• Prevention

• Enforcement,: administrative, criminal or civil

• Feed back to minister and Parliament by Annual report of the

Inspectorate

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COMPLIANCE STRATEGY

Enforcement of the rule has highpriority if there is a major risk and a high non compliance rate 

Asbestos Removal Decree Asbestos is found in half of all demolished buildings. If the asbestos is not removed selectively, it will remain in the rubble. Asbestos can be released during demolition work, during transport and in usage in other products like roads.

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COMPLIANCE STRATEGY

Fuel Quality Requirements (Road Traffic) Decree

Petrol and diesel must not contain more than 0,2% sulphur. The purpose of this requirement is to avoid acidification of the environment. Petrol companies generally abide strictly by the rules. The risk is low because their contribution to acidification is limited. A certain number of controls remain necessary to ensure that the petrol companies stick to the rules and because the European Commission has made controls and reporting mandatory.

Enforcement of the rule has low priority if there is a a minor risk and a low non compliance rate 

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COMPLIANCE STRATEGY

Enforcement of the rule has medium priority if there is a major risk and a low non compliance rate 

Fireworks Decree (fireworks for consumers)

Wholesalers usually store fireworks safely. They adhere to requirements concerning quantities, packaging and distance to surrounding buildings. But if there were to be an explosion it would create a great risk. Buildings could be damaged and, far more serious, there could be fatalities.

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COMPLIANCE STRATEGY

Packaging and Packaging Waste Regulations

Many companies fail to observe the notification obligation that requires them to state what they are doing to reduce packaging and packaging waste and how they intend to remove the residual waste.The material is relatively harmless and companies that do not make notifications can nevertheless take steps – for economic reasons, for example – to reduce the volume of packaging and waste. Moreover, there is only a small risk of packaging waste finding its way into the environment uncontrolled, because an efficient collection system already exists.

Enforcement of the rule has a mediumpriority if there is a minor risk and a high non compliance rate