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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