Implementation

ENVIRONMENTAL INSPECTIONS

Introduction

Inspections are an important instrument to ensure the implementation and enforcement of Community environmental legislation

In 2001, recognising that there was a wide disparity between inspection systems in the Member States, the European Parliament and the Council adopted Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States.

The Recommendation contains non-binding criteria for the planning, carrying out, following up and reporting on environmental inspections. Its objective is to strengthen compliance with Community environmental law and to contribute to its more consistent implementation and enforcement in all Member States.

Member States were requested to report on their implementation of the Recommendation and on their experiences with its application. On the basis of these reports and any other information available the Commission was invited to produce a report on the implementation of the Recommendation and a proposal for its further development, if necessary in the form of a directive.

Review of the Recommendation on environmental inspections

On 17 November 2007 the Commission adopted a Communication on the review of Recommendation 2001/331/EC outlining its initial views on how to further develop the Recommendation and a Report on the implementation of the Recommendation in Member States summarising the information received from Member States.

In this Communication the Commission concludes from the reports received from Member States that, although the Recommendation has led to improvements of environmental inspections in some Member States, it has not been fully implemented in all Member States.

The Commission sets out the following ideas how environmental inspections could be improved:

modify the Recommendation to make it stronger and clearer, including a better reporting mechanism (providing simpler and more comparable data);
where necessary, to complement the Recommendation with legally binding inspection requirements in individual directives, and;
continue supporting the exchange of information and best practice between inspectorates in the context of IMPEL.

The informal network of European enforcement authorities (IMPEL) has given its input to the review process in the IMPEL Input to the further development of the RMCEI of December 2007.

The Economic and Social Committee adopted its opinion on the Commission's Communication in April 2008.

In the European Parliament the Committee for Environment, Health and Consumer Protection proposed a resolution that calls for the transformation of the Recommendation into a directive and the establishment of an EU environmental inspection force with powers of entry and powers to refer Member States to the European Court of Justice (draft resolution). The draft resolution will be put to vote in the European Parliament's Plenary meeting on 17-20 November 2008.

The Commission has launched a public consultation on the review of the Recommendation, which ran from 18 June to 18 September 2008. The questions asked concerned the functioning of environmental inspection systems in the Member States, the need for measures at Community level and in the affirmative the type of measures deemed necessary. 138 replies to the consultation were received. Around half of the respondents found that the inspection system in their country was not working well. A large majority of the respondents were in favour of adopting measures on environmental inspections at EU level. Around half thought these should be binding measures.

Summary of the replies

A joint Commission-IMPEL seminar on environmental inspections took place in November 2010 to explore the ways for improving efficiency and effectiveness of environmental inspections across the EU, particularly with a view to the upcoming specific inspection regime in the field of prevention of industrial pollution. On 15 June 2011, a stakeholder conference on implementation of EU environmental law organised by DG Environment took place focusing inter alia on environmental inspections at EU and national level. An impact assessment study into possible options for revising Recommendation 2001/331/EC providing for minimum criteria for environmental inspections (RMCEI) has been undertaken.

The legal framework on environmental inspections set out in Recommendation 2001/331/EC and in various pieces of sectoral environmental legislation is currently a subject of active internal Commission reflection, in the broader context of other measures aiming at enhancing the implementation of EU environmental legislation. The Commission will then present its respective proposals.