Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Problem solving with inspection results Marcel Stigter Policy Advisor DCMR

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 2 Inspection results –Storage of hazardous chemicals on a non resistant floor –Air pollution: emission of 75 mg/m3 sulphur dioxide instead of 50 mg/m3 –The abstraction of ground water was 40% more than licit

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 3 Oppressive enforcement Objective A tool for finding and fining violations

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 4 Oppressive enforcement Reaction authorities –fining the violations Reaction companies –Keep on violating until the costs of fines will be higher than the profits of violating or –The economic situation of the company is too bad to invest in the necessary measures or –Pay the fine and stop violating

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 5 Oppressive enforcement Results –continued environmental problems possible soil pollution air pollution with sulphur dioxide dehydration of nature/soil and/or –a company with a bad economic performance no improvement of environmental performance unemployment and/or –solved violations and a minimum environmental performance

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 6 Oppressive enforcement Objective Finding violations and improvements and solving them in cooperation with the company Use high fining as a pressure instrument

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 7 Cooperative enforcement Reaction authorities and companies A cooperative attitude to solve the violations and discuss improvements of the environmental performance

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 8 Results Solved violations within an approved timepath Priority sequence in solving Implementation of investments in balance with the economic performance of the company Good relation between authorities and company Cooperative enforcement

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 9 Skills to make cooperative enforcement succesfull Good knowledge of alternative technical solutions Communication and negotiation skills Knowledge of economic performances and possibilities

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 10 Exercise Prepare and execute a meeting between authorities and company on the inspection results The meeting must result in an approved agreement with implementation time path

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 11 Groups Groups of 6 persons –1 chairman –1 secretary –2 persons acting as company representatives –2 persons acting as authority representatives