1. 1 Brussels Institute for the Management of the Environment Jean-Pierre Janssens Director Head of division Inspection & Patrimonium Tel 02/ 775 75 01 Fax 02/ 775 75 05 www.ibgebim.be The Brussels Inspectorate Gulledelle 100 1200 Brussels BELGIUM

2. 2 Conclusion : small and medium sized entreprises integrated in the city life The Brussels Capital-Region 19 municipalities 1 000 000 inhabitants 161,4 sq km  6 000 inhab / sq km 23 489 enterprises 390 000 workers 20% industrial sector 80% tertial sector 80% employment less than 10 people

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5. 5 Tasks of Inspection Body Action / Sector  Waste  Water pollution  Air pollution  Noise - vibration problems  Soil pollution  Nature problems  Energy problems  Dangerous products  Safety (public) INSPECTIONINSPECTION Responsible for surveillance and control of all the environmental regulations in the Brussels Capital Region

6. 6 BIME noise & vibrations soil water air waste nature Monitoring of environmental quality “Evaluating the state of the Environment” Deciding what to do Planning how to do it? Doing it Evaluation Planning Regulatory monitoring - Legislation - Permitting - Inspection Role of the Inspection Body in the integrated Environmental Approach

7. 7 1997 European Parliament Resolution : Stressed the importance of environmental inspections Noted the existence of different systems and practices of environmental inspection in Member States Proposed that they should not be replaced by a system of inspection at community level Should retain the responsibility of the MS But need for guidelines to ensure an even practical application and enforcement of environmental legislation EUROPE 4 april 2001 Recommendation of European Parliament and of Council on minimum criteria to apply on the so-called IPPC installations (directive 96/61/EC)

8. 8 Usefulness of Inspections According to the European Commission : « The existence of inspection systems and the genuine execution of inspections have a deterrence effect vis-à-vis infringements of environmental legislation because they enable the authorities to detect infringements and to enforce environmental legislation by means of sanctions or other environmental instruments; consequently, inspections are an indispensable link throughout the legislation and they are an effective instrument for guaranteeing the compliance and uniform maintenance of the environmental legislation and for avoiding unfair competition »

9. 9 Importance of Enforcement People do not automatically comply with rules and regulations  * Enforcement ensures fairness * Enforcement is essential - to protect public health - and improving environmental quality * Enforcement is necessary for credibility of the government * Enforcement reduces costs you need enforcement to achieve compliance

10. 10 The organising and carrying out of inspections Examples :- be planned in advance - inspection should both check and promote compliance The following up - regular reports on inspections and site visits Publishing of the results of such tasks - reports open to the public - report to Commission Organisation of the inspection body - division of responsibilities between authorisation and inspectorate services Scope of the recommendations EUROPE

11. 11 definition of inspection of the environment Encourage the respect for environmental legislation Control the respect for environmental legislation React in a repressive way when refusing to comply with environmental legislation

12. 12 Our way - definition of our inspection philosophy - Not only but also How to achieve? Compliance checking Compliance promoting  = providing technical assistance to encourage voluntary compliance = developing mutually agreeable schedules and approaches for achieving compliance - by using administrative law enforcement instruments - by using criminal law enforcement (information of public prosecutor)

13. 13 Quality of Inspection Performance of the Inspection body Quality of the Inspector Quality of the Inspection (site visit) Depends also on : the enforceability of the environmental legislation the enforceability of the permit (and have to stand in court if necessary) the regulations must not require the impossible; clear and practical  compliance with regulations must be achievable (technical feasible)

14. 14 Role of the Inspection-Body (1) To produce an Inspection plan Impossible to continuously check for compliance with every requirement at every facility Challenging aspect to develop strategies to make the most effective use of available resources Priority setting by systematic approach based on polluting capability or risk caused by an installation strategies systematic approach  

15. 15 NOT ONLY CHECKING COMPLIANCE  Change behavior and technical assistance LEGISLATION IN EVOLUTION NO UNIQUE OPERATION CHECKINGSCHECKINGS High number of: - installations /activities - diversity - new tasks - new standards - environmental reputation Never enough means to assure an annual inspection of every inst. >  Inspection Plan (1) – influencing factors - Strategy of efficient and effective use of means

16. 16 to 1 year Choices for strategic planning restricted to our division no uniform approach of all operators no integral vision without taking in account other actors (municipalities) Planning of Inspections : Regional & a 5 year plan Inspection Plan(2) - scope and period - In earlier days: Today : Memorandums of understanding with municipalities

17. 17 Inspection Plan (3) – example - Division Inspection – Work Program 2005 Department : Complaints and Prevention of risks Nr ProjectETPpurposeRealisationBudgetRemarks + Title short+ Respons.guideline Budget art. ( budget prévu ) Engaged 2005 paid 2005 2000045 – Gestion des plaintes 7 ETP VCA / DME Prendre en charge les plaintes introduites à la division Inspection ( 350 ) Nbre de nlles plaintes : 234 531.03.817 ( 15.000 € ) BC 2003/21712 : Engagé / payé : 16.940 € / 8.470 € Nbre de plaintes 2005 cloturées : 67 BC 2004/22650 : Engagé /Payé : 8.470 € / 0 € Nbre de plaintes 2005 en cours : 167 605 €BC 2004/22649 : Engagé / payé : 5. 082 € / 605 €

18. 18 Role of the Inspection-Body (2) To produce this inspection plan: we developed an accessible database of all industrial installations we developed a database covering all delivered environmental permits We developed a methodology to prioritize our inspections (mathematical approach) we developed a database for the daily follow-up of the inspection files/ statistics we standardized practices definition of different kinds of inspection (+ minimum requirements); on site inspection methodology (procedures) ; arrangements on follow-up of on site visits ; report content of site visits ; We developed an administrative fine system we organized regular meetings to influence the public prosecutor in their decision on whether to prosecute or not

19. 19 The inspector We put in place a team of environmental inspectors (≠ specializations) and we put in place a multi-disciplinary training program To increase technical knowledge we developed instruments to help the inspector by organizing his work: For ex. for the site inspection : (covers compliance checking and promotion) so we developed an administrative & technical check list we trained the inspector to encourage dialogue towards the owner of the plant

20. 20 Types of Inspections (1) Preventive SPECIFIC INSPECTION INTEGRATED INSPECTION Sometimes : (only one environmental aspect is checked) Mostly : with on site visit - without on site visit - routine inspections (mostly before or after obtaining a permit) - program based inspection (plan) (systematic control of all companies in a geographic area or in an economic sector announced mostly not announced via self monitoring data via external experts (contracted by operator or by inspectorate) (60 - 70 %)

21. 21 Reactive (30 - 40 %) enforcement In response to complaints or incidents = mostly a specific inspection = inspection with on site visit Types of Inspections (2)

22. 22 Depends on timing of the planned inspections correctness and accuracy of the inspection time needed to carry out the inspection efficiency of the on site visit consistancy and quality of the inspection report clear and proper communication about the on site visit and the related enforcement action Quality of the Inspections (2)

23. 23 List of IPPC companies new IPPC companies Annual program open file dossier Description of IPPC company file Inspector -preparation of file -verification of admin data and DB water-tax The inspection file has to contain: -The environmental permit of the IPPC -A contact inside the company -Pertinent antecedent info (application/ complaints/ self control data) -Certificates (of maintenances of electr install, …, of collected waste) -notifications of the licensee  these files need integrated control but the  important issues may be treated separately / thoroughly min criteria: Eur Parl and Council sect 2 §1 Directive IPPC, art 1,4,5,9,12, 13 Organisation of an IPPC site inspection

24. 24 No Yes No Yes No Site visit with licensee ? Contact for appointment (14d) TEL/ LET/… Site visit VIS violation ? urgent actions ? REP Intranet BIME Open file Inspector Redaction public RAP (60d deadline) Inspector Redaction of visit-report (14d deadline) Copy of part of visit REP for the licensee (letter of conclusion) Site visit The first inspection: -Prioritizing the inspections to realize in the factory -Evaluation of the companies intern control-system -Inventory of the installations in the environmental permit -(extension or modification necessary?) -Verification of the conditions of the environmental permit -screening & sampling of the relevant emissions -Dialogue about the infringements -> time table to solve them -Sensibilisation to change the licensees behaviour min criteria: Eur Parl and Council sect 6 §1,2 min criteria: Eur Parl and Council sect 5 §1,2,3 Directive IPPC, art 14,18

25. 25 Redaction of visit-report and of violations warning based on visit/ admin data Planning of actions + deadlines Copy of part of visit REP for licensee(letter of conclusion) Inspector REP Intranet BIME REP Inspector Redaction public report other visits min criteria: Eur Parl and Council sect 6 §1,2 min criteria: Eur Parl and Council sect 6 §2+sect7,§2 Yes Close off file conform ? No warning Complete register DB water and air Prosecution report

26. 26 Final purpose to mitigate and avoid accidents or incidents to make licensee CONSCIOUS of environmental problems CHANGE OF MENTALITY of licensee by promoting of compliance by means of auto discipline auto surveillance To fight against pollution at the source in stead of at the “end of pipe” PREVENTION = dialogue = motivate = convince REPRESSION  (prosecution) Our Inspection Strategy

27. 27 Establishment of infringement Small infringementUrgent situationsOther cases oral order (warning) written warning immediate measures + eventually [reminder] Suspension/abrogation/ modification of license proposal to competent authority prosecution report Public prosecutor Other measures : (administrative measures) - stopping activity/ installation - (temporary closure) administrative fine How does the BIME inspect ?

28. 28 Professionnalisation (1) Put in place administrative, legal and technical procedures Realisation of different audits: Impel – minimum criteria inspections on site technical inspection work Work- Program Conditions of the environmental permit + modernisation of the permit existing procedures Inspection Link autorisation-inspection

29. 29 Reflections on the indicators of performance Reflections about prioritisation of inspections (plan of inspection) Reflections on the integration of e-governance in the treatment of files (complaints, permits, …) Reflections on how to better ‘sell’ our inspection system and on how to improve the efficacity regarding the message we’re giving (written/oraly) Professionnalisation (2)

30. 30 - “audit” minimal annual inspection program - “audit” permits & inspection procedure IPPC-installations - “audit” distance to Iso9002 qualification certificate time quality borging continuous improvement Sustainable Inspection plan do act check Continuous improvement Inspection

31. 31 annually 4000 inspection visits:  45 % no violations  50 % some interventions  5 % prosecution reports (2 % administrative fines) Since the start: ± 1500 official reports ± 600 administrative fines > 1 000 000 euro’s administrative fines INSPECTION: Figures