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Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection Basic study for twinning project [email protected]

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

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Page 1: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Analysis of minimal criteria for environmental inspection

Basic study for twinning project

[email protected]

Page 2: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

INTRODUCTION

• Recommendation of EP and Council 2001/331/EC binding for all member states of IMPEL • Based on Minimal criteria of IMPEL • One of the twinning objectives

Page 3: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

STRUCTURE OF ANALYSIS

• Quotation of each point chapter by chapter • Description of actual situation at CEI

• Assessment of point fulfillment

Page 4: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Results of Analysis

Chapter I and II: Purpose; area of force and definitions + Chapter III: organisation and carrying out

inspections-it is mainly fulfilled (see further on) • + specifically in international co-operation (IMPEL)• improve: co-ordination of inspection with

neighbours

Page 5: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Chap. IV: Plans of inspection

• from the main part +• plans do not cover all installations,• unified register is missing• are not fully accessible for public, • determinative is not the overall environmental

assessment but the media-specific one• do not contain co-ordination with other inspection bodies

Page 6: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Chap.V: Inspection on site

• 2 points +• Inspection on site are not co-ordinated with other

organisations, results are not always exchanged• the purpose is not primarily support of operator’s

knowledge and understanding of EU legislation• inspections before permit issuing depends on

invitation from permitting body

Page 7: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Chap. VI and VII

Chap. VI: Reports and conclusions from inspection

• mainly +• missing publishing reports from inspections or conclusions Chap.VII: Inquiries in serious accidents, events and serious non-compliance

• +

Page 8: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Chap. VIII: General rules for report prep. on inspection activity in the

environment field

• Preparation of report at the beginning of 2003 for 2002

• It is not available on CEI websites• EC will carry out assessment

Page 9: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Analysis of minimal criteria for environmental inspection

Integrated and Planned Enforcement of Environmental LawPhare Twinning Project CZ03/IB/EN/01

Chap. IX: Check up and other progress, Recommendation 2001/331/ES

• Assessment of the report after 1 year: for future members EU is missing the integrated approach• Further process on the basis of report assessment after 2 years: in case of not fulfilling new legislation EC Minimal criteria for inspectors’ qualification are being developed by IMPEL• Training programme development for env. inspectors-at CEI only partially, ? result of this project