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Information Collection and Impact Assessment of Possible Requirements for Environmental Inspections

Information Collection and Impact Assessment of Possible Requirements for Environmental Inspections

in the area of EU legislation on water, nature protection and trade in certain environmentally sensitive goods
Environmental inspections are a useful tool against some implementation deficits in the EU environmental legislation

The objectives of the report were to provide information on how inspections are currently being undertaken for selected Member States in the policy areas of water, nature protection and CITES so as to identify their strengths and weaknesses. Furthermore, combined with information from other studies, the study developed options that could be taken forward at EU level to strengthen inspection and control and it assessed the impacts of those options.

This study examined the enforcement processes for the six environmental themes in five Member States (DE, ES, PL, SE and UK). The overall conclusions of this baseline analysis are set out below and formed the baseline for impact assessment of the options developed to address the enforcement gaps. The assessment of inspection and enforcement processes, structures and capacities was undertaken within the concept of the ‘control chain’ - a holistic approach to understanding compliance assurance, consisting of inspection/surveillance, enforcement and compliance promotion.


Citation

IEEP, Bio Intelligence Service and Ecologic Institute (2013). Information collection and impact assessment of possible requirements for environmental inspections in the area of EU legislation on water, nature protection and trade in certain environmentally sensitive goods. Final report for the European Commission, DG Environment. Institute for European Environmental Policy, Brussels and London, July 2013.

Language
English
Author(s)
Andrew Farmer (IEEP)
Peter Hjerp (IEEP)
Axel Volkery (IEEP)
Mary Ann Kong, (Bio Intelligence Service)
Shailendra Mudgal (Bio Intelligence Service)
Publisher
Year
2013
ISBN
978-92-79-34173-1
Dimension
401 pp.
Table of Contents

EXECUTIVE SUMMARY
ABBREVIATIONS
1 INTRODUCTION
1.1 Purpose of the report
1.2 Environmental inspections and implementation of the EU environmental acquis
1.3 Concepts and definitions
2 BASELINE ANALYSIS OF THE MEMBER STATES
2.1 Introduction
2.2 The public consultation
2.3 Baseline: lessons from the literature
2.4 Baseline analysis: water
2.4.1 Introduction
2.4.2 Institutional framework
2.4.3 Strategic approach to inspection
2.4.4 Undertaking inspections
2.4.5 Follow-up, including use of sanctions
2.4.6 Capacity
2.4.7 Costs of inspection
2.4.8 Review and effectiveness of inspection
2.4.9 Conclusions: recommendations regarding the options
2.5 Baseline: Nature Directives
2.5.1 Introduction
2.5.2 Legislative and policy framework
2.5.3 Inspection requirements
2.5.4 Inspection planning
2.5.5 Administrative Arrangements
2.5.6 Inspection and follow-up activities
2.5.7 Awareness raising
2.5.8 Inspection capacity, review and reporting
2.5.9 Effectiveness of the inspection system
2.5.10 Costs of inspection
2.5.11 Recommendations regarding the options
2.6 Baseline analysis of Trade in endangered species (CITES)
2.6.1 Legislative framework
2.6.2 Inspection planning and process
2.6.3 Inspection capacity
2.6.4 Inter-institutional arrangements
2.6.5 Inspection review and reporting
2.6.6 Effectiveness of the inspection system
2.6.7 Costs of inspections
2.6.8 Conclusions and recommendations for the options
2.7 Conclusions on the baseline for the three study subject areas
3 IDENTIFICATION OF OPTIONS
3.1 Introduction
3.2 The range of action in the control chain
3.2.1 Inspection of stationary sites to check compliance with operational conditions.
3.2.2 Incident response inspection of a stationary activity
3.2.3 Inspection to ensure certain activities are not undertaken
3.2.4 Control of transported objects
3.2.5 Product standards
3.2.6 Conclusion
3.3 Why joined up inspection should be encouraged
3.4 What should an inspection address?
3.5 Risk-based inspection
3.6 Who inspects?
3.7 Delivering environmental outcomes through inspection under other regimes
3.8 Follow-up
3.9 Awareness raising
3.10 Co-ordination between institutions
3.11 Capacity of enforcement institutions
3.12 Public access to information and transparency
3.13 Evaluation of performance
4 THE OPTIONS
4.1 Introduction
4.2 Option 1 - Baseline
4.3 Option 2 – Non-legislative measures
4.4 Option 3 – Upgraded Recommendation
4.5 Option 4 – General binding instrument on criteria on control mechanisms in Member States
4.6 Option 5 – Binding instrument setting out detailed requirements for control in the Member States
4.7 Option 6 - Combined option including elements of the previous options
4.8 Elements of the options to address the whole control chain
4.9 Example of a binding legal instrument
5 IMPACT ASSESSMENT OF THE OPTIONS
5.1 Introduction
5.2 The impacts of implementing the control chain as a whole
5.3 Administrative costs
5.4 Other impacts of the elements of the control chain
5.5 The effectiveness and efficiency of options for instruments to take forward the control chain
6 CONCLUSIONS
6.1 Introduction
6.2 Implementation and enforcement problems and best practice common to all Member States analysed
6.3 Main conclusions on the impacts and effectiveness of the options
6.4 The implications of the options for the Member States
6.5 The implications of the options for the different legal areas of the study
ANNEX: CASE STUDIES
7 GERMANY
7.1 Water: Drinking water
7.2 Germany: Water: Land spreading of fertilisers
7.3 Germany: Nature Directives
7.4 Germany: CITES
8 POLAND
8.1 Poland: Drinking Water
8.2 Poland: Water: Waste water treatment
8.3 Poland: Nature Directives
8.4 Poland: CITES
9 SPAIN
9.1 Spain: Drinking water
9.2 Spain: Abstraction of water
9.3 Spain: UWWT
9.4 Spain: Habitats and Species
9.5 Spain: CITES
9.6 Conclusions on Spain baseline
10 SWEDEN
10.1 Sweden: Water: Non-IED Emissions, Urban Wastewater Treatment and Farm Infrastructure
10.2 Sweden: Nature protection
10.3 Sweden: CITES
11 UNITED KINGDOM
11.1 UK: Drinking water
11.2 UK abstraction of water
11.3 UK landspreading of fertilisers and farm infrastructure
11.4 UK Urban Waste Water Treatment
11.5 UK Habitats and protected areas
11.6 UK Species Protection
11.7 UK: CITES