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Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Problem solving with inspection results
Marcel Stigter
Policy Advisor
DCMR
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Inspection results
– Storage of hazardous chemicals on a non
resistant floor
– Air pollution: emission of 75 mg/m3 sulphur
dioxide instead of 50 mg/m3
– The abstraction of ground water was 40%
more than licit
2
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Oppressive enforcement
Objective
• A tool for finding and fining violations
3
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Oppressive enforcement
• Reaction authorities
– fining the violations
• Reaction companies
– Keep on violating until the costs of fines will be higher
than the profits of violating
or
– The economic situation of the company is too bad to
invest in the necessary measures
or
– Pay the fine and stop violating
4
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Oppressive enforcement
• Results
– continued environmental problems
• possible soil pollution
• air pollution with sulphur dioxide
• dehydration of nature/soil
and/or
– a company with a bad economic performance
• no improvement of environmental performance
• unemployment
and/or
– solved violations and a minimum environmental
performance
5
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Oppressive enforcement
Objective
• Finding violations and improvements and
solving them in cooperation with the company
• Use high fining as a pressure instrument
6
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Cooperative enforcement
Reaction authorities and companies
A cooperative attitude to solve the violations
and discuss improvements of the environmental
performance
7
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Cooperative enforcement
Results
• Solved violations within an approved timepath
• Priority sequence in solving
• Implementation of investments in balance with the
economic performance of the company
• Good relation between authorities and company
8
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Skills to make cooperative enforcement
succesfull
• Good knowledge of alternative technical solutions
• Communication and negotiation skills
• Knowledge of economic performances and
possibilities
9
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Exercise
• Prepare and execute a meeting between
authorities and company on the inspection
results
• The meeting must result in an approved
agreement with implementation time path
10
Integrated and Planned Enforcement of
Environmental Law
Phare Twinning Project CZ03/IB/EN/01
Groups
Groups of 6 persons
–
–
–
–
1 chairman
1 secretary
2 persons acting as company representatives
2 persons acting as authority representatives
11
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