Recommendation of the European Parliament and of the Council of 4 April 2001 providing for Minimum Criteria for Environmental Inspections in the Member States Official Journal L 118, 27/04/2001 P

Introduction Aim of the EU environmental policy : harmonisation In all MS : Licenses are needed ( from national or regional level ) But there are different approaches to permitting legislation : 1.Separate pieces of legislation for the environmental media 2.Integrated permitting : one piece of legislation provides the coordination of all permits 3.Integrated pollution control : a single license take into account of the emissions to all environmental media

1. Why do we need inspection ? Agreement about the need of inspections : - Indispensable link troughout the legislation - Instrument for guaranteeing the compliance and uniform maintenance of env. legislation - Instrument for avoidoing unfair competition But enforcement of the env. laws is a difficult matter because : 1.Much money involved 2.Not a popular duty 3.Many authorities responsible 4.Too little commitment within authorities 5.Lack of efficiency in the exchange of information

Diffrences within MS in day to day practice. Lots of parameter have an influence : 1.Capacities 2.Scope and contents 3.Very existence  Need of minimum criteria for inspection

2. Impel (1) Innovation work : several reports First report « Minimum criteria for inspections » : regulatory cycle Permitting Policy planning ObjectivesLegislation Compliance control Compliance promotion Enforcement Assessment & feedback

2. Impel (2) Aim of the first report : Define inspections and list key elements of them : - planning - Collection of site specific information - Analysis of results and regular evaluation - reporting of inspections activities Impel projects : 1.Planning and reporting 2.Self-monitoring 3.Frequencies 4.Qualification and training of inspectors (suggestion)

3. Recommandation Recommandation of the European Parliament and of the Council providing for minimum criteria for environmental inspections in the MS ( 4 April 2001). Min crit = the organisation and carrying out of inspections that should be met in the MS Inspections : Divisions of responsability : Authorisation Inspection services National authority Regional authority Local authority Any legal person May delegate public private

3.1 Recommandation‘s scope II.1(a) : “This recommendation applies to environmental inspections of all industrial installations and other enterprises and facilities, whose air emissions and/or water discharges and/or waste disposal or recovery activities are subject to authorisation, permit or licensing requirements under Community law, without prejudice to specific inspection provisions in existing Community legislation.”

Directive Description Legislation relating tot integrated pollution prevention and control 196/61/ECIntegrated pollution prevention and control 296/82/ECControl of major-accident hazards involving dangerous substances 399/13/ECLimitation of emissions of volatile organic compounds due to use of organic solvents in certain activities and installations Legislation relating to water quality 476/464/EECPollution caused by certain dangerous substances discharged into the aquatic environment 580/68/EECProtection of groundwater against pollution caused by certain dangerous substances 691/271/EECUrban waste water treatment Legislation relating to waste 775/442/ECWaste 891/689/EECHazardous waste 999/31/ECLandfill of waste Legislation relating to air pollution 1088/609/EECLimitation of emissions of certain pollutants into the air from large combustion plants 1189/369/EECPrevention of air pollution from new waste incineration plants 1289/429/EECPrevention of air pollution from existing incineration plants 1394/67/ECIncineration of hazardous waste /76/ECIncineration of waste /80/ECLimitation of certain pollutants into the air from large combustion plants

3.2 Categories of inspection (1) A. Routine inspections : forecasted by a plan Plans have to cover : (a)the geographical area (b)a defined time period,; (c)specific provisions for its revision; (d)identify the specific sites or types of controlled installations covered; (e)prescribe the programmes for routine environmental inspections, taking into account environmental risks; these programmes should include, where appropriate, the frequency of site visits for different types of or specified controlled installations; have to apply to all environmental insp. of controlled installations Established at national, regional or local level

plando report advice 3.2 Categories of inspection (2) Cycle : B. Non-routine inspection : - reactive ( in response to complaints and incidents) - specific (to increase knowledge of a plant or a sector) C. Specific inspection : - to issue a first authorisation - to ensure the compliance with requirements - before the reissue, renewal or modification of authorisations

3.3 Role of inspector II.2 : « environmental inspection" is an activity which entails, as appropriate: (a) checking and promoting the compliance of controlled installations (…) (b) monitoring the impact of controlled installations on the environment (…) (c) the carrying out of activities for the above purposes including: - site visits, - monitoring achievement of environmental quality standards, - consideration of environmental audit reports and statements, - consideration and verification of any self monitoring carried out by or on behalf of operators of controlled installations, - assessing the activities and operations carried out at the controlled installation, - checking the premises and the relevant equipment - checking the relevant records kept by the operators of controlled installations. »

3.4 On site inspection According to the recommandation, site visits should ensure : - environmental impacts are examined - reinforcing operators knowledge and understanding - effectiveness of authorisation - legal right of the inspector of access to sites and information - coordination of inspection work (  inspection authorities) - report of the findings

3.5 Reports and conclusions The reports and conclusions following site visits have to be : - finalised as soon as possible - properly recorded in writing - maintained in a readily accessible database - communicated to the operator - publicly available The report has to cover : - the inspection data and their findings - an evaluation - conclusion on possible further action

3.6 IMPEL The recommandation attributes IMPEL network the following tasks : - coordination - establishment of a scheme for the report (now in full swing) - advice on inspection procedures (reviews) - minimum criteria for the qualification of inspectors (well under way) - trainings programme IMPEL has also devlopped a guidance document for the report asked in the point VIII.