1. Environmental inspection in CR: is it necessary to change the strategy?
Ladislav Miko
MoE

2. Tradition CEI: decades of tradition,is neither new nor inexperienced
Indispensable important results achieved, CEI contribution is not possible exactly define
As a tradition media-specific approach, mainly reprisal function (as public sees it)
Not really visible integration within the last years, so far rather formal

3. Inconsistent requirements
Increasing pressure on CEI from all sides
More legislation on enforcement, requirements on reporting and records
Public, NGO ask for higher intensity of reprisal actions, number of complaints and petitions is increasing
Industry and business spheres ask for reduction of regulatory burden and simplifying of procedures, reduction of inspection numbers
Number of employees of CEI will at least not increase, more probably will go down,there will be less financial resources
How to get out of it?

4. England: „smart enforcement“
Possibility of inspiration abroad
Increasing requirements on CEI is not possible to solve with increasing capacity (neither personnel nor financial)
A change to overall approach to regulation and law enforcement?
Orientation on the results and not on the activity: the effect is important, degree of risk, consistent approach and effective communication.

5. Modern regulation
Is base on common responsibility of the regulator and subject regulated, the basis is to motive to active approach for environmental burden reduction above the minimal level set by the law
Model based on so-called regulatory cycle

6. Modern regulation scheme
Definition of outputs and risks
Stimulus, sector plans
Selection of tools
Permits, alternative approaches
Assessment of compliance and enforcement
Evaluation and
information

7. Definition of outputs and risks
Concrete measurable effects which should be reached
Concentrate capacities on activities with bigger effect, however connected with higher risk for environment
Stimulus: legislation, policies, general environmental needs, best practice
Sector plans: specific aims of sectors

8. Selection of tools Direct regulation: Alternative approaches:
directly with legislation
standard permits
registration
agreement permits (IPPC?)
Alternative approaches:
environmental taxes
system of credit trading
agreement and voluntary agreements
education and consultancy
EMS

9. Selection of tools (2)
Basic rule for standard methods: the procedure is selected which requires less sources for reaching the aim
Taxes: possibility to connect with economic pressure
Credit trading: maybe cheapest for the regulated very flexible, own decision-making of the regulated
Voluntary agreements: the highest rate of conviction of the regulated
Education, consultancy: wide scope, mainly for new regulation and wide auditorium
EMS: systematic approach to the problematic at the management level

10. Compliance assessment and enforcement
Basic relations:
Reports, data
The Regulated:
EMS
Records
Own monitoring
Auditing
Local specifics
Regulator (env. body):
Compliance plan
Approach on the basis of risk evaluation
Final outputs
Monitoring inspection
Data evaluation
compliance
permit
inspection
Visits, inspection, audits,inquiries,enforcement

11. Compliance control and enforcement (2)
Process of compliance assessment:
suitable mixture of methods: inspection on site, audits, procedure control, assessment of reports and data from monitoring, inspection monitoring, reaction to accidents and complaints
Basic rules:
Operator should get right to less frequent inspection, if acts well
Tasks of the operator is to make public data from monitoring, it increases confidence
Where the legislation is breached, action follows, harsh and predictable. Main aim is to eliminate harm to nature or correction of caused damage

12. Evaluation and information
Evaluation of effects – help during setting new goals and procedures
Information: increasing public awareness about results achieved
Supporting regulated community to openness, information for all people interested, communities in neighbourhood, investors

13. Summary
Potentially inconsistent requirements can be fulfilled with assumption of regulatory regime which helps regulated community to improve, rewards the ones who are acting well but is strict to the one who do not reach acceptable limits.
Comment: Result oriented procedures at present better suit for evaluation the effect of work and setting priorities for the future,it is possible cyclically to improve the overall quality of the environment.

14. Questions at the end Nothing new under the sun?
Is this approach possible with the Czech legislation?What is necessary to be done or change?
Should CEI use alternative approaches or should it be just the obnoxious „policeman“?
Should permitting be connected with enforcement?
Is it possible in new conditions to keep separate inspection and permitting?
Are we using effectively existing capacities?
Are the inspection activities bound to the highest real effect? What will happen if some of the activites are limited?