1. 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

2. Review of the RMCEI 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)

3. Policy options for the revision of RMCEI Revision of the RMCEI Transformation of RMCEI into a horizontal directive Development of guidance documents on inspections in specific environmental policy areas Introduction of specific binding criteria into sectoral environmental legislation Combination of the previous elements

4. 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

5. 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

6. Horizontal vs. sectoral approach A horizontal instrument on environmental inspections would: reduce the current high degree of variation in the systems of environmental inspections at national level contribute to a quicker achievement of EU environmental policy goals through standardised mechanisms for national environmental agencies be too general and not fully capture the characteristics of each sector lead to additional administrative burden and costs

7. Horizontal vs. sectoral approach A sectoral approach would: allow the adaptation of the inspection criteria to the specific nature and risks of the installations and activities covered allow better consideration of specific environmental, economic and social conditions in different fields possibly lead to costly and complicated reporting systems and additional administrative burden

8. 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

9. 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?

10. Relationship between RMCEI and sectoral binding inspection requirements RMCEI as a general framework on environmental inspections Parallel application of RMCEI criteria and specific inspection requirements in areas covered by RMCEI Application of sectoral inspection requirements in areas not covered by RMCEI

11. Areas for improvement of the RMCEI Clarification and possible extension of the scope Clarification of some definitions Further development of planning criteria Criteria for professional qualification and training of inspectors New evaluation and reporting system

12. Legal techniques for clarification of the RMCEI scope Provision on scope definition in the legal instrument List of relevant legislation in an annex Clarification through a guidance document Combination of the previous options

13. Need of new reporting system Current reporting system not satisfactory Objective: comparable information on the application of RMCEI in MS and achievement of its objectives Need of using indicators under assessment Possible other measures: studies, peer reviews, etc. The new reporting system should be short, simple and comparable

14. Drivers for using of performance indicators in the inspection framework Stimulate MS to use indicators and ensure better inspection programme targeting and effective inspection systems Assess effectiveness of the RMCEI across the EU

15. Practical difficulties 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

16. Thank you for your attention!