1. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 1 EMS as part of Integrated permitting and inspections Rob Kramers Senior advisor InfoMil

2. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 2 Content What is an EMS Relation to integrated permitting Relation to integrated inspection

3. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 3 What is an EMS (1) Environmental Management System Management tool for the company Structured framework to identify, evaluate and manage environmental aspects and improve environmental performance

4. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 4 What is an EMS (2) Helps to ensure the implementation of overall environmental goals, as set out in its environmental policy Helps to ensure that employees, contractors and suppliers know their roles and responsibilities Makes sure regular monitoring and auditing of the environmental performance and of the system takes place Provides management with a basis to evaluate the effectiveness of the EMS

5. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 5 What is an EMS (3) Performance Time Assurance Continuous improvement do DEMING CIRCLE Environmental aspects Legal and other requirements Objectives and targets Environmental programmes Structure / responsibilities Training / communication Operational control Emergency response Documents and control Monitoring and measurements Non-compliance and corrective and preventive actions Records EMS audits Management review plan checkact

6. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 6 What is an EMS (4) BS 7750 ISO 14001 EMAS

7. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 7 Relation to integrated permitting (1) Subjects of interest in permitting: operational control measurement and monitoring maintenance emergency response environmental programmes reporting

8. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 8 Relation to integrated permitting (2) Why stimulate EMS: puts the responsibility at the address of the company self regulation continuous improvement of performance compliance with legislation

9. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 9 Relation to integrated permitting (3) How can we stimulate EMS, what are the incentives: customize the permit to the level of environmental care different inspection/enforcement approach

10. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 10 Relation to integrated permitting (4) Customised permitting = Permitting process where the flexibility of the permit is adjusted to the level of environmental care within the company Framework permit = Most flexible form of customised permitting

11. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 11 Relation to integrated permitting (5) Customised permitting Level of env. care Flexibility Framework permitTraditional permit

12. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 12 Relation to integrated permitting (6) What means a “flexible permit” - Material - Procedural - Temporal

13. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 13 Relation to integrated permitting (7) Permit: Target / objectives rather than technical measures EMS part of the permit, but selective references to the vital elements (procedures) of the EMS Strict requirements on monitoring and registration Only parts of the application incorparated in permit

14. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 14 Relation to integrated permitting (8) Application: Do not make the whole application part of the permit - Technical part - only what is important (part of the permit) - EMS - only the what, not the how (part of the permit) - Information part (no part of the permit)

15. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 15 Relation to integrated permitting (9) The flexible permit But be aware: not a vague permit it should be enforceable contract for good and bad times Make sure: the enforcer and the permitting writer should co-operate closely together in the permitting procedure

16. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 16 Relation to integrated inspections (1) Inspection approach The way inspection is carried out could change Inspection type depends on trust in EMS More attention to performance Central position EMS during inspections – how it works – how it is implemented in organisation – not the non-compliance itself but the way EMS responds to this is important Be aware not to step in the role of certifier / verifier

17. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 17 Relation to integrated inspections (2) Concequences Agreement with company on the inspection Change approach on data given (voluntarily) by the company Inspection tasks become more difficult Advantages Non-compliance is better traceable (transparent) Allocation of resources to “bad guys”

18. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 18 Relation to integrated inspections (3) The inspection Test important procedures from EMS (audit) Access to internal and external audit reports Assess internal and external audits But also: Verify company’s environmental report Inspect the monitoring and registration system

19. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 19 Questions ?

20. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 20 Discussion (1) What do you consider important to regulate in the permit?

21. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 21 Discussion (2) What do you think of a “Framework permit”?

22. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 22 Discussion (3) What do you think about the enforceability of a Customised permit - “Framework permit”?

23. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 23 Discussion (4) What do you think about the different approach / different role of the enforcer?