Recommendation 2001/331/EC:
Review and relation to sectoral
inspection requirements
Miroslav Angelov
European Commission
DG Environment, Unit A 1
Enforcement, Infringements
coordination & Legal issues
Review of the RMCEI
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Commission’s report on the implementation in the MS
Commission’s Communication outlining areas for
improvement
Stakeholder consultation
Cooperation with IMPEL
Impact assessment work
Adoption of proposal for amended Recommendation or
other instrument by the Commission (autumn 2011)
Policy options for the revision of RMCEI
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Revision of the RMCEI
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Transformation of RMCEI into a horizontal directive
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Development of guidance documents on inspections in
specific environmental policy areas
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Introduction of specific binding criteria into sectoral
environmental legislation
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Combination of the previous elements
Binding vs. non-binding inspections criteria
Legally binding inspection criteria would:
• oblige MS to give more priority to environmental
inspections
• allow more effective harmonisation of inspection systems
and equal implementation of EU environmental legislation
• ensure more effective monitoring
• possibly lead to additional costs and administrative burden
Binding vs. non-binding inspections criteria
Non-binding inspection criteria would:
• ensure a flexible approach and discretion for the Member
States
• possibly enable a faster revision as regards legislative
procedures
• have all disadvantages of a non-binding instrument
Horizontal vs. sectoral approach
A horizontal instrument on environmental inspections
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would:
reduce the current high degree of variation in the
systems of environmental inspections at national level
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contribute to a quicker achievement of EU
environmental policy goals through standardised
mechanisms for national environmental agencies
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be too general and not fully capture the characteristics
of each sector
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lead to additional administrative burden and costs
Horizontal vs. sectoral approach
A sectoral approach would:
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allow the adaptation of the inspection criteria to the
specific nature and risks of the installations and
activities covered
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allow better consideration of specific environmental,
economic and social conditions in different fields
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possibly lead to costly and complicated reporting
systems and additional administrative burden
Binding inspection criteria in sectoral
environmental legislation
• Seveso II Directive - Article 18
• Directive 2009/31/EC on Carbone capture and storage Article 15
• Regulation (EC) 1005/2009 on ozone depleting
substances - Article 28
• Directive 2010/63/EU on the protection of laboratory
animals - Article 34-35
• Recast IPPC Directive (IED) – Article 23
Sectors with possible need for specific
binding inspection criteria
• Binding inspection criteria in the area of waste shipments?
• Binding inspection criteria in the REACH sector?
• Binding inspection criteria in the field of nature
protection?
• Other sectors with possible need for specific binding
inspection criteria?
Relationship between RMCEI and sectoral
binding inspection requirements
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RMCEI as a general framework on environmental
inspections
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Parallel application of RMCEI criteria and specific
inspection requirements in areas covered by RMCEI
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Application of sectoral inspection requirements in areas
not covered by RMCEI
Areas for improvement of the RMCEI
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Clarification and possible extension of the scope
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Clarification of some definitions
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Further development of planning criteria
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Criteria for professional qualification and training of
inspectors
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New evaluation and reporting system
Legal techniques for clarification of the
RMCEI scope
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Provision on scope definition in the legal instrument
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List of relevant legislation in an annex
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Clarification through a guidance document
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Combination of the previous options
Need of new reporting system
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Current reporting system not satisfactory
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Objective: comparable information on the application of
RMCEI in MS and achievement of its objectives
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Need of using indicators under assessment
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Possible other measures: studies, peer reviews, etc.
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The new reporting system should be short, simple and
comparable
Drivers for using of performance indicators
in the inspection framework
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Stimulate MS to use indicators and ensure better
inspection programme targeting and effective
inspection systems
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Assess effectiveness of the RMCEI across the EU
Practical difficulties
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Different inspections systems and policy context in various
MS
Low level of data comparability
Reluctance of MS to provide information on outcome
indicators
Uncertainty in linking outputs and outcomes
Need of establishment a clear framework for using and
interpretation of performance indicators
Thank you for your attention!
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