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EU framework on environmental inspections

Inspections are an important instrument to ensure the implementation and enforcement of EU environment 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 (RMCEI).

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

The content of the RMCEI has strongly influenced provisions on environmental inspections in sectoral pieces of environment and climate change legislation:

The European Union Network for the Implementation and Enforcement of Environment Law (IMPEL) played an important role in the preparation of the RMCEI and through its activities has also played an important role in its implementation.

Revision of the EU legal framework on environmental inspections

The Commission proposal for a 7th EU Environment Action Programme recognises that reinforcement in respect of EU environment law at all administrative levels and guarantee of level playing field requires extending the inspection requirements to the wider environment acquis and complementing these with an EU level capacity that can address situations where there is due reason for concern. It followed a public consultation which had, inter alia, sought views on revising the current framework on environmental inspections. It also followed Commission Communication of March 2012 on Improving the Delivery of Benefits from EU Environment Measures: Building Confidence through Better Knowledge and Responsiveness, COM(2012)95 which had also referred to the subject.

The Council Conclusions of 11 June 2012 also called for improving inspections regimes on the basis of experience with existing provisions and avoiding unnecessary administrative burdens.

In its Opinion to the Commission proposal for the 7th EAP (2013/C 17/07), the Committee of the Regions (CoR) stressed that an EU-wide framework for national inspections can ensure a level playing field and consistency in legal action across the EU and improve trans-frontier cooperation. It also pointed out the value of a well-defined inspection related role of the Commission.

These developments occurred against the background of an earlier review of the RMCEI, details of which can be found through this link.

Relevant studies