Swedish experiences …

… in the field of inspection and the Recommendation on minimum criteria forenvironmental inspections

Inga Birgitta LarssonSwedish EnvironmentalProtection Agency

The Environmental Code - a framework legislation

Regulating issues on nature, environment, chemicals, public health, farming and forestry

Fundamental environ-mental rules in the Code

Detailed provisions in the OrdinancesThe rules apply to almost any human

activity

The Environmental Code

In force 1/1/1999Detailed provisions in Ordinances to

the Codefor example concerningPermit and notification requirementsInspection / supervisionOperator self-monitoring

Integrated pollution prevention and contol

Environmental integrated permitting concerning emissions to water and air, waste, noise, odour, vibrations etc

started in Sweden already 1969 by the Environmental Protection Act

continued by the Environmental Code 1999

Principles in the Swedish Environmental Code

Reverse burden of proof principleThe knowledge requirementThe precautionary principleThe polluter pays principleBAT principleThe appropriate location principleThe resource management and ecocycle

principleThe product choice principle

Reverse burden of proof principle

It is the responsibilty of the operator to demonstrate that his operations are undertaken in an environmentally acceptable manner and to prove to the authorities, giving appropriate evidence, that his operation is not harmful to the environment or public health

Permitting in Sweden --”Controlled installations”

The Swedish Environmental Code Regulates the permit requirements

and covers the so called ”controlled installations” under the Recommendation 2001/331/EC for all the EU directives listed by the Commission

Inspection in Sweden -- ”Controlled installations”

The Swedish Environmental Code

Regulates inspection requirements for all the directives listed by the Commission except the Seveso directive

The Swedish ”Seveso Act” (act on measures to prevent and limit the consequences of major accidents)

Regulates inspection requirements for the SevesoIIdirective

Came into force 1/7/1999

Environmental Hazardous Installations (under the Environmental Code)

Licence by court or by county authority 500 large installations 5 500 medium large

installationsAmong these there are about

1000 IPPC installations notification to local

authorities 15 000 installations

Code applicabel to ~900 000 other objects

Seveso establishments

There are 133 ”upper tier SevesoII establishments” in Sweden (Dec2002)

Authorities with inspection tasks under Environmental Code

Central level mainly Swedish EPA (coordination, assistance

and guidance, follow-ups) Operative inspection of military installations is the responsibility

of the Surgeon General

Regional level 21 county administrative (operative inspections)

boards

Local level 290 Environmental- and (operative inspections)

Public Health Committées

Authorities in Sweden with Seveso inspection tasks Central level- The Swedish Rescue

Services Agency Regional and local level- 21 County Administrative

BoardsIn addition labour safety

issues of the Seveso-directive are the responsibility of a labour safety authority (one central office with 10 regional officies)

(coordination, assistance, guidance, follow-ups)

(operative inspections)

Authority mission

secure the aim of the Code

compliance control enforcement activities information and guidance

Authority rights

access to site request and take part of

documents/information carry out examinations

and monitoring issue injunctions

precautionary measures prohibitions actions needed to comply

Requirements on Operators stated in the Environmental Code

Compliance (of course!)Operator self-monitoring (mandatory!)Designs and justify the monitoring programmeAssess the environmental risks Ensure qualityMonitor equipment and routinesKeep registers on chemicals / biotechnical organismsEvaluate the results and demonstrate compliancePrepare improvement programmesReport accidents/incidents immediately

Annual operator environmental report (mandatory!)EMAS (voluntary)

--

Operator Self-Monitoring has developed gradually

Water legislation during the 40’s

Integrated permits – Act in force 1969

Request self-monitoring as permit condition since the 80’s

Environmental Code & Self-Monitoring Ordinance, 1999

Reverse burden of proof Polluter pays principle

Requirements on operative inspection authorities stated in

the Environmental CodeAllocate sufficient

resourcesKeep sufficient

staffingArrange necessary

competence of personnel

Examine inspection need

Keep register of installations

Make inspection plans

Follow up and evaluation

Take enforcement actions

All this is mandatory!

Inspection Planning

ACT!

CHECK!

PLAN!

DO!

Need

Register

PlansResources

Competence

Inspection and Enforcement

Follow up and Evaluation

Review of plan

Examples on assessments- differentiation of inspection

.

Responsibilities on operative inspection authorities

plan inspections and inspectcheck compliancecheck operator self-monitoring take use of EMASdecide on studies (by operator or on his expenses) take actions by administrative sanctions

Warning Letters, issue of Notices/Orders/Injunctions Combination with administrative fines Environmental Sanction Fees

obligatory to notify police/prosecuter

Penalties / Fees

fines imprisonment

2 - 5 years

Decisions by inspection authority

administrative fines Environmental Sanction Fees

5 000 - 1 000 000 SEK Specified infringements

Court decisions

The Recommendation Point II ”Scope and definition”

”For the purposes this recommendation, environmental inspection is an activity which entails as appropriate:

Checking and promoting complianceMonitoring the impact on environmentCarrying out inspection activities as

site visits, monitoring environmental quality standards, consideration of EMAS reports, consideration of self-monitoring, assessing activities and operations carried out at the installation, checking environmental management, checking operator records etc”

The RecommendationPoint III - ”Organisation”

”Member States should ensure that environmental inspection aim to achieve a high level of environmental protection and to this end take the necessary measures to ensure that environmental inspections of controlled installations are organised and carried out with points IV to VIII of this recommendation”

Swedish Inspection System and the Recommendation

The presentation which I just have given shows how these two points in the recommendation are implemented in Swedish regulations. As for example by this slide….

Requirements on operative inspection authorities stated in the Environmental Code

Allocate sufficient resources

Keep sufficient staffing

Arrange necessary competence of personnel

Examine inspection need

Keep register of installations

Make inspection plans

Follow up and evaluation

Take enforcement actions

All this is mandatory!

The RecommendationPoint IV - ”Inspection plans”

”Member states should ensure that environmental inspection activities are planned in advance, by having at all times a plan or plans for environmental inspections providing coverage of all the territory of the Member State and of the controlled installations within it. Such a plan or plans should be available to the public”

Swedish Inspection System and the Recommendation

Point V”Member States should ensure that

the following criteria are applied in the respect of all site visits:

..check compliance../ ..report findings../ ..legal right to access of sites and information../ ..etc”

The RecommendationPoint VI and VII

Point VI”Reports and conclusions following

the site visits”Point VII”Investigations of serious accidents,

incidents and occurences of non-compliance”

Swedish Inspection System and the Recommendation

Also concerning these requests in the recommendation I have tried to include information in my presentation and in the slides I have just shown to explain our inspection system in the light of the recommendation

The RecommendationPoint X - ”Implementation”

”Member States should inform the Commission of the implementation of the recommendation together with details of environmental inspection mechanisms already existing or foreseen not later than twelve months after its publication”

Swedish report June 2002

The RecommendationPoint VIII - ”Reporting”

”Member states should report to the Commission on their experiences of the operation of this recommendation two years after the date of the publication”

Commission letter February 2003 asks for a report to April 27th 2003

A Swedish report is now under preparation

Swedish reporting in accordance to point VIII

The Swedish answer will be based on a questionnaire circulated to the operative inspecting authorities – all 21 on county level, 37 out of 290 on local level – and in addition also to the Surgeon General

By this questionnaire the majority of the IPPC installations will be covered and furthermore a lot of other installations with permit requirements in Sweden (even if not required by EUdirectives)

Swedish reporting in accordance to point VIII

The inspection data concerning Seveso ”upper tier” establishments will be reported mainly by information from the Seveso database handled by the Swedish Rescue Services Agency, a data base also to be used for reporting to the Commission in accordance to reporting request within the SevesoIIdirective