1. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Inspection and enforcement approach Pavel Šremer Vedoucí projektu ČIŽP

2. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Introduction Result of work: 30 working groups + at RI, 1 at HQ, + almost all heads of departments at RI + 2 seminars of top management together with representatives of co-operating organisations Inspection approach Enforcement approach Part of the CEI Strategic plan (till 1Q 2006)

3. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Inspection approach/strategy Introduction Presumptions Preparatory phase Actual inspections Conclusions from inspection and follow-up steps

4. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Introduction Definition of inspection activity: inspection of subjects - compliance of the activity with environmental laws Purpose: unification of preparation and realisation of inspections-more efficiency Reasons: ▪ experience of CEI inspectors ▪ international co-operation (IMPEL) ▪ minimum criteria for inspection ▪ twinning- involvement of inspectors

5. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Presumptions Overall framework and priorities High- quality enforceable legislation, inc. legislation about CEI, appealing body Vision-strategy-annual plans Complex database of all inspected subjects Central methodical management - unity Expert qualification and financial conditions Co-operation among departments and with public and industry

6. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Preparatory phase – overall preparation Is based on legislation, strategies and planes Plan - for regular and non-planned inspections, time for consultancy, inspection frequency for different types of installations, making public of the plans Following trends in environment area→methodical regulations→ training Keeping and updating of databases - overview about sources and priorities Take into account communication strategy and vice versa

7. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Individual preparation of inspection Selection of subject → based on a plan/individual for an inspector → warning by a third person → own experience of an inspector/ manager Study of background materials and previous results Find out about ownership/operator Decide about inspection type and way Development of preparatory plan and carrying out of an inspection Determine personnel needs, training Inform inspected subjects (inspection plan)

8. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Carrying out inspection Announce to the responsible person Introduction of purpose and requirements of inspection for the subject (separately - explaining visits) Check of documentation Find out about situation at the actual installation/in terrain Taking samples for documentation Discussion with the operator Decision of the inspector about next procedure Write a record/protocol (conclusions, guidance, comments, subject’s opinion) and signatures

9. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Conclusion of individual inspection Accord. To inspection results: forwarding, evidence or other procedure In case of failures: further procedure according to the CEI enforcement strategy Inform inspected subject about inspection results For started administrative procedures → get opinion of the inspected subject For complaints and incentives →answer to complainer Final reports - into database, conclusions make pubic

10. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Follow-up activity of the CEI Results made public according to communication strategy, Keep databases about inspection activity and archiving Evaluation of inspection from centre till an inspector →trends of future inspections Result analysis→stimuli for improvement of legislation, methodical process and expert knowledge …..

11. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Enforcement approach Preceding steps Initial phase 1st Option for procedure (according to the current legislation) 2nd Option (according to the unified legislation) Follow-up procedure

12. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Preceding steps After carrying out inspection accord. to the inspection strategy → 1st evaluation of found out facts on site Mention compliance/non-compliance in the protocol More detailed evaluation after detailed examination of all documents from inspection

13. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Initial phase of enforcement 0 insufficiencies during inspection → postponing of other inspection, making public of results Breaching of law less serious (administrative) Breaching of law serious Breaching with serious consequences (accident) Done unintentionally Done purposely Done professionally

14. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 First option according to the currently prevailing legislation Breaching of law less serious, not on purpose →a fine at the lowest limit of the possible rate, corrective measure and inspection Breaching of law not serious, on purpose or professionally → a fine, corrective measure, follow-up inspection. If failures→higher sanctions, reduction/stopping of activity, stricter supervision: failure lasts → reduction/stopping of activity, criminal offence ▪ Insufficiencies serious, not on purpose→ -“-

15. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 1st Option accord. to the prevailing legislation Failures serious, on purpose and professional → sanction, procedure on limitation/stopping of activity, taking away of a licence, after next inspection → in case of non-compliance of procedure on limitation/stopping of activity, submitting of criminal notification if non- compliance Failures serious (accident) → -“-

16. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 2nd Option according to unified legislation (with warning letter) less serious failures → negotiation, warning letter with deadline for correction. If after inspection not fulfilled, procedure about a fine and corrective measure. serious failures → procedure about a fine and corrective measures, if not fulfilled a higher fine serious failures (accident) → fine, corrective measures, stopping of activity, taking away of the licence, in case of other non-compliance criminal notification

17. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Follow-up procedure Follow-up inspections Tough procedure in case of further non- compliance Taking into account of results in the activity plan Make public of valid results Whole documentation in a database relevant to individual subjects In all phases important co-operation with other bodies of state administration