PRINCIPLES OF ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT: This course was one of a series designed to build capacity for implementing environmental management programs in a variety of governments and cultures. Its format and content stimulate participants to think creatively about how to translate national goals, laws, and requirements into actions that effectively changes behavior in society as to achieve the desired environmental results. (Tom Maslany and Susan Bromm, USEPA and others)

BUSINESS MEETING: INECE Executive Planning Committee

TRAINING SESSION for Workshop Facilitators

WELCOME RECEPTION at Hotel for all participants

WELCOMING REMARKS
The Honorable Dr. Miguel Angel Rodriguez-Echeverria, President of the Republic of Costa Rica

KEYNOTE ADDRESS
Ricardo Ulate, Director of International Cooperation Ministry of the Environment and Energy.
Access text of keynote address here.

THEME 1: The INECE Mission: Environmental Results Through Enforcement

Moderator: Michele de Nevers, The World Bank
• Donald Kaniaru, United Nations Environment Programme.
• George Kremlis, European Commission
• Antonio Benjamin, Brazil

PANEL 2: The Regional Network Experience
This panel highlighted examples of regional networks that have successfully supported environmental compliance enforcement and focused on achieving global environmental results through regional and local efforts. Perspectives from the Africa, North America, and Central Europe will be highlighted. Please click for a summary of the presentations.

Moderator: Carlos Manuel Rodriguez, Costa Rica
• Antonio Azuela, Mexico
• Jonathon Alloty, Ghana
• Krzysztof Michalak, OECD

PANEL 3: Organizing for Environmental Compliance and Enforcement
This panel examined the issues of "good governance" that are intimately tied to the fair, predictable, and consistent application of the law by enforcement officers. Panelists also explored mechanisms and strategies for developing well-written, enforceable legal requirements.

Moderator: Adriana Bianchi, The World Bank
• Maria Eugenia DiPaola, FARN Argentina
• John Cruden, US Department of Justice
• Waltraud Petek, Austria

Please click for a summary of the presentations.

Moderator: Lambert Verheijen, North Brabant, The Netherlands
• Michael Stahl, US Environmental Protection Agency (USEPA)
• Brad May, Environment Canada

Please click for a summary of the presentations.

WORKSHOPS

1A I & II Measuring Success Through Performance: Defining Environmental Enforcement Indicators
This Workshop considered: activity measures that document enforcement outputs; levels of compliance and behavioral change achieved in key target populations; outcome measures for improved environmental and public-health results and relates to national priorities, and; levels of support provided both to the regulated community as compliance assistance, and to enforcement partners (e.g., sub-national units of government including those of indigenous peoples).
a1. Mike Stahl, USEPA
b1. Krzysztof Michalak, OECD
Please click for a summary of workshop 1A I.

a. Durwood Zaelke, INECE Secretariat
b. Doug Wright, Canada
Please click for a summary of workshop 1A II.

1B Administrative Enforcement Mechanisms: Getting Authority and Making It Work
Empowering administrative environmental agencies to impose legal requirements and/or sanctions directly to violators without having to go to a court of law or other department or agency for prosecution has been an important development in many countries, resulting in faster and less costly response to violations.
a. Wout Klein, VROM
b. Chris Currie, Canada
Please click for a summary of the workshop.

1C Building Effective In-Country Networks for Environmental Compliance and Enforcement
This workshop explored networks among complementary organizations within a country, and how they work together to more efficiently carry out compliance and enforcement objectives. The Workshop identified a set of elements that lead to successful in-country networks, and revealed some of the potential difficulties that may be anticipated.
a. Greg Linsin, USDOJ
b. Neil Emmott, Environment Agency, UK
Please click for a summary of the workshop.

1D The Negotiation Process Leading to Compliance
This workshop considered the settlement negotiation process and resulting compliance agreements, schedules, and action plans. Emphasis was placed on the art and science of selling the ‘social good’ behind the law, and how it may be used to trigger alternative modes and techniques of environmental compliance and enforcement. The Workshop resulted in a set of themes that are designed to achieve positive compliance results through the negotiation process.
a. Tom Maslany, USEPA
b. Tony Oposa, Philippines
Please click for a summary of the workshop.

1E Training Programs for Compliance Inspectors
This workshop discussion concentrated on ensuring the appropriate level of training for compliance inspectors. Although some regional networks (e.g. IMPEL) have made progress, there is no internationally recognized benchmark setting the level of competencies and skills for enforcement practitioners. This discussion identified the opportunities and constraints (national and international) in organizing training for inspectors, investigators, and legal personnel and identified a potential role for INECE.
a. Markuu Hietamaki, Finland
b. Erin Heskett, IFAW
Please click for a summary of the workshop.

1F Environmental Offenses: Criminal and Civil
Internationally, the role for criminal enforcement is widely varied with some nations relying exclusively on criminal enforcement mechanisms for the full range of possible violations of environmental requirements and others reserving criminal enforcement for actions thought to be "criminal" in nature. Nevertheless, there is increasing recognition of at least a set of violations of environmental requirements that are recognized as "environmental crimes" worthy of treatment under criminal codes and criminal prosecution. The players involved in criminal enforcement sometimes differ from those in civil enforcement requiring different forms of cooperation both nationally and internationally.
a. Jose Pablo Gonzalez, Costa Rica
b. James Lofton, USDOJ
Please click for a summary of the workshop.

DINNER AT HOTEL
Guest Speaker: Ambassador Franz Tattenbach, Costa Rican Ambassador to the United Nations Framework Convention on Climate Change

PANEL 5: Economic Instruments and Voluntary Measures
This panel explored voluntary compliance mechanisms, including building public support and partnerships and encouraging voluntary compliance by industry. Panelists offered a public interest perspective and considered cost-effective ways to achieve adherence with environmental requirements through agreement and partnership. Panelists explored governmental response to private sector environmental management systems, considering the views of the regulated community toward traditional enforcement approaches.

Moderator: Susan Bromm, USEPA
• Lorenzo Thomas, Mexico
• Lawrence Pratt, INCAE, Costa Rica
• Beatrice Olivastri, Friends of the Earth, Canada

Mr. Thomas discussed the new vision for Mexico’s National Environmental Auditing Program, which recognizes environmental auditing as a useful tool for small and medium size industries to identify needs and improve environmental performance and compliance with the laws. The new program promotes voluntary mechanisms as a tool to improve competitiveness in the international markets.

Mr. Pratt discussed how environmental regulators worldwide are seeking to identify a wide variety of means to bring about improved environmental performance and compliance with environmental laws and regulations, including so-called "voluntary agreements" whereby firms or industries agree to meet certain goals and objectives as a positive step toward reaching improved environmental performance and compliance. Mr. Pratt raised awareness to the formidable obstacles to improved performance faced by companies in the developing countries. This presentation explained some of the dynamics between reaching voluntary agreements and recommendations for opportunities and initiatives for regulators.

Ms. Olivastri discussed opportunities and challenges for public participation in non-regulatory initiatives. She shared a set of principles that have been developed by a multi-stake holder group to build credibility for voluntary measures.

Please click for a summary of the presentations.

WORKSHOPS

2A Encouraging Public Role in Compliance Monitoring and Impact of Public Access to Environmental Information
This workshop examined mechanisms for promoting public involvement in compliance monitoring. The underlying issues include constitutional and human rights, nature of public involvement, practical reasons for public involvement in compliance monitoring, difficulties encountered and other requirements and institutional practices to ensuring that citizens have access to relevant information.
a. Carl Bruch, Environmental Law Institute
b. Geoff Garver, Commission on Environmental Cooperation
Please click for a summary of the workshop.

2B Government Programs to Encourage and Respond to Public Involvement in Enforcement
This workshop identified Government programs and implementing methodology that encourage the public to participate in the enforcement process. The workshop resulted in strategies for more meaningful public participation and identified ways for INECE to assist capacity building.
a. Patricia Madrigal, Costa Rican Environmental Law Association
b. Maria Comino, Australia
Please click for a summary of the workshop.

2C Promoting Voluntary Compliance: Environmental Auditing and Outreach and Incentives for Private Sector Compliance, Communicating Enforcement Success to Encourage Voluntary Action
This workshop examined the incentives countries are using to promote compliance and improved environmental performance generally, and also explored the relationship between these incentives or carrots and the threat of the enforcement stick. It also examined the widening use and development of environmental audits and environmental management systems both in relation to the International Standards Organization’s Series 14000 Standards, the European Union’s eco-management and audit regulation or other schemes.
a. Tony Oposa, Philippines
b. Lorenzo Thomas, Mexico
Please click for a summary of the workshop.

2D Self-Monitoring Data: How to Ensure Accuracy and Integrity
This workshop discussed the key opportunities and barriers in establishing appropriate regulatory procedures along with sufficient incentives, for enterprises to provide good quality information using self-monitoring. The ways to establish mechanisms for ensuring quality data (e.g. by requiring self-monitoring only in facilities with the appropriate technical capability and developing quality control standards for monitoring and record keeping will be discussed along with the ways to reduce the possibilities for falsification of data). The workshop also addressed the role of self-monitoring in reviewing compliance with environmental permits and its comparability and links to environmental information systems developed by the governments. Furthermore, we identified the ways to encourage industry to invest and maintain self-monitoring equipment.
a. Markuu Hietamaki, Finland
b. Krzysztof Michalak, OECD
Please click for a summary of the workshop.

2E Environmental Information Systems: Institutional Requirements for Collection, Management and Access
This workshop considered different information systems currently in use, their role in environmental management, their strengths and weaknesses. What data is necessary to ensure an adequate decision making process and how it should be collected and managed? How one could meet the challenge of ensuring public access to the information and what the related limitations are. What new technologies can we adopt to reduce our workload and increase our efficiency; are they reliable and equally feasible in developed and developing countries? What needs for international exchange of information among enforcement agencies exist and how INECE may be instrumental in satisfying such needs?
a. Robert Choinard, Quebec, Canada
b. Piet Muskens, The Netherlands
Please click for a summary of the workshop.

2F Information Management and Enforcement: Ensuring Effective Application at the Working Level
This workshop discussed methods to identify the needs of users of information and develop systems responsive to their specific tasks, functions, roles, decisions and problems. Participants shared ideas on data, the Web, geographic information systems (GIS), and satellite remote sensing. The Workshop will result in recommendations for applying technology at the working level to lead to more protective, sustainable, measurable, and cost-efficient decisions.
a. Kenneth Markowitz, INECE Secretariat
b. Gil Nolet, Inter-American Development Bank
Please click for a summary of the workshop.

PANEL 6: Information Collection, Standards, Sharing, Access, Credibility and Use
This panel discussed information management needs and present ideas on data systems that assist enforcement persons. The panel addressed the management and accessibility of data and information as well as the issues of public access.

Moderator: Terrence Shears, European Commission
• Adele Cardenas, USEPA
• Achmed Santosa, Indonesia
• Hua Wang, World Bank

Ms. Cardenas discussed the alignment of EPA Performance Track and Texas Clean Industry program to support the development of environmental management system that limit waste and pollution and encourage recycling. He also discussed Electronic Data Plans (Eplans), which provides immediate access to current facility information, and data for first responders and Performance Track.

Mr. Wang presented examples of how public disclosure of industrial pollution is making an important contribution to pollution control in several Asian developing countries. He discussed the motivating concepts, implementation, and results of public disclosure programs in China, Indonesia and Philippines, focusing particularly on China, which is currently implementing one of the most ambitious public disclosure programs in the developing world.

Please click for a summary of the presentations.

PANEL 7: The Evolving Role of the Judiciary in Environmental Compliance and Enforcement
Members of the judiciary presented their views on the role of the judiciary in deciding environmental disputes. Consideration was given to existing and innovative methods used to quantify environmental damages.

Moderator: Winston Anderson, University of West Indies
• Michael Decleris, Hon. Vice Pres. of the Council of State, Greece
• Justice Kuldeep Singh, Former Supreme Court Justice, India
• Lal Kurukulasuriya, UNEP

Mr. Anderson examined the existing and proposed role of the judiciary in ensuring environmental compliance and enforcement. The presentation highlighted a recent UNEP/ROLAC judicial symposium that found promising signs that judges are often prepared to rethink the judicial function. It was argued that the assumption of a more proactive stance towards environmental protection can be accommodated within existing legislative and judicial frameworks.

Mr. Decleris presented ideas on how the judiciary is rapidly becoming the most effective branch of government for resolving environmental disputes, because of the judiciary’s ability to craft comprehensive decisions that embrace the general legal principles for sustainable development. Mr. Decleris presented Greece as a good example of the evolving role of the judiciary, characterized by several factors: constitutional review of statutes, preliminary control of governmental regulatory instruments, power for the annulment of illegal administrative acts and suspension of their implementation. During the last decade, decisions of this Court have resulted in a case law containing a complete system of legal principles for sustainable development. These successes have cascaded across Greek environmental policy influencing government, NGOs, and civil society.

Mr. Kurukulasuriya highlighted UNEP’s Guidelines for Compliance and Enforcement as well as UNEP’s efforts to sensitize the judiciaries around the world to promoting the further development and enforcement of environmental law. Mr. Kurukulasuriya presented findings from seven Regional Judicial Symposia, and UNEP's plans for a Global Judges Symposium to be held in Johannesburg the week before the World Summit on Sustainable Development in August 2002. Against this background, the presentation focused on the role of the judiciary promoting compliance and enforcement of environmental regulations, balancing environmental and developmental considerations in judicial decision-making, providing an impetus to the incorporation of contemporary developments in the field of environmental law for promoting sustainable development. This included issues of access to justice, right to information and public participation. The focus was promoting enforcement through the development of regional environmental accords and implementation of global and regional environmental conventions along with the promotion of national policies and strategies for environmental management in the context of the respective socioeconomic and cultural realities.

Justice Singh focused on the fundamental principles of environmental justice in India such as right to life, clean air, potable water, inter-generational equity, the precautionary principle and the polluter-pays principles as they are enforced by the judiciary. In addition, important judgments such as those delivered by Supreme Court of India on Environmental Law, including issues of the Public Trust Doctrine, Sustainable Development, Precautionary Principle, Polluter Pays Principles and Saving the Taj Mahal from Yellow Cancer, were addressed.

Please click for a summary of the presentations.

CULTURAL EVENT and DINNER

Buses transported participants to Pueblo Antiguo, a Costa Rican village recreating life as it was at the turn of the century. Pueblo Antiguo is a center for culture and the conservation of Costa Rican traditions that acquaints visitors with the values and customs that have molded Costa Rica’s national identity

FIELD VISITS

Coffee Cooperative
CoopeCafira in San Ramon works to improve the competitive position of Costa Rican coffee in the international coffee market by producing a sustainable coffee. The Sustainable Coffee (SUSCOF) consortium was established in 1999 consisting of 6 coffee cooperatives; CoopeCafira is one of them.
Market Based Conservation
FUNDECOR is a non-governmental organization founded in 1991 to protect and increase the Costa Rican forests located in the country’s central plateau.
Wildlife Rescue Center
ZOO AVE accepts orphaned, injured and former pet animals at their Center for Wildlife Rescue and Rehabilitation (CWRR) located on the Zoo grounds in La Garita de Alajuela.
National Biodiversity Institute
National Biodiversity Institute’s mission is to promote a new awareness of the value of biodiversity, and thereby achieve its conservation and use to improve the quality of life.
Ecotourism
The Sarapiquis Neotropical Center is a place where conservation of nature and eco-development, in combination with sustainable tourism, has become a reality.
Conservation Easements
With help from The Nature Conservancy (TNC), the Environmental and Natural Resources Law Center (CEDARENA in its Spanish acronym), first established a conservation easement in Costa Rica eight years ago and now has fostered 60 contracts with private landowners, protecting some 7,000 acres.

THEME 5: Constructing Effective Interlocking Networks at the Country, Region and Global Levels

Moderator: Donald Kaniaru, UNEP
• Marcia Mulkey, USEPA
• Roy Watkinson, Environment Agency, UK
• Andrew Lauterback, INTERPOL
• Greg Linsin, USDOJ

Ms. Mulkey discussed implementation of the international environmental treaties on Persistent Organic Pollutants (POPs), Prior Informed Consent (PIC) and the MARPOL Agreement on Tributyltin Anti-Foulant Paints (TBT).

Mr. Watkinson explored transfrontier enforcement cooperation in a broad range of examples including G-8 Lyon Group on transfrontier shipments of hazardous waste, IMPEL project report, CFC enforcement, and INTERPOL’s focus on environmental pollution, wildlife, nuclear/environmental security.

Mr. Lauterback presented on Interpol’s Environmental Crimes Committee (IECC), its origins, its mission and organization; the "greening" of Interpol and the UNEP guidelines; projects and priorities of IECC, and specifically the Crimes Training Program.

Please click for a summary of the presentations.

WORKSHOPS

3A Role of Police as Environmental Enforcers: INTERPOL Training
This workshop discussed the experiences of INTERPOL and the National Environmental Crime Unit that began operations in The Netherlands in 2000. Workshop participants evaluated the unique role of police as environmental enforcers, methods, analyses of recent cases, and overall results of criminal enforcement activities.
a. Andrew Lauterback, USEPA/INTERPOL
b. Rene Bastiaansen, The Netherlands Police
Please click for a summary of the workshop.

3B Illegal Transfrontier Movements of Hazardous Waste (International Link to Basel Convention): Establishing the Network/Contact Database
This workshop discussed the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal and developed a proposal to establish a Network/Contact Database that would enhance environmental enforcement and compliance of Basel Convention by improving control and monitoring of confirmed and alleged cases of illegal transfrontier movements of hazardous wastes. This workshop also explored challenges to identifying, targeting, and intercepting illegal transfrontier movements; identified country-specific differences in classification of illegal hazardous waste; and discussed possible approaches for the rapid dissemination of intelligence through effective use of Web and network/contact database at the local and regional level.
a. Brad May, Environment Canada
b. Sylvia Nonna, National Register of Generators and Operators of Hazardous Waste, Argentina
Please click for a summary of the workshop.

3C Development of Sustainable Regional Enforcement and Compliance Networks: Elements and Examples
This workshop focused on the role regional/sub-regional organizations can play in compliance and enforcement of multilateral environmental agreements. Participants: examined and evaluated current institutional framework of regional organizations ("institutional" meaning the organizational structures and their ‘rules and practices’); their linkages at national and international levels; identified constraints in compliance and enforcement at regional level and their impact at national and international level; and identified a set of innovative capacities that could bring about effective compliance and enforcement and revolutionize approach to thought in compliance and enforcement.
a. Daniel Sabsay, FARN, Argentina
b. Ignacio Gonzalez, CEC
Please click for a summary of the workshop.

3D International Targeting on Environmental Crime/Activities
This workshop considered issues including: measures to build national capacity to investigate domestic violations and crimes, as needed to fulfill national obligations under MEAs; interagency cooperation between environment and customs ministries to control imports and exports and international cooperation to address common problems including transborder pollution spillover from one nation to another, damage to ecosystems shared by two or more nations, and illegal trafficking across national borders.
a. Greg Linsin, USDOJ
b. Roy Watkinson, United Kingdom
Please click for a summary of the workshop.

3E Enforcing Domestic Programs Implementing International Agreements
This workshop discussed policy and institutional requirements to ensure appropriate and comprehensive transposition of the requirements of MEAs in national legislation, incorporation of additional requirements in inspectors schedules and mobilization of adequate resources for increased or new enforcement burdens. The workshop also discussed the need for sharing information about the requirements of international agreements, strengthening capacities of enforcement agencies in overseeing the implementation of MEAs at the national level, and strengthening involvement of enforcement agencies in cooperation among the Parties to various international agreements.
a. Krzysztof Michalak, OECD
b. Ladislov Miko, Czech Republic
Please click for a summary of the workshop.

3F Designing a Pesticide Forum: Identifying Common Elements of a Forum as Well as Specific Information Needs for Pesticides
The forum discussed in this workshop will result in a network with a clearinghouse service placed at different centers (both in private and state and international institutions). It will play a catalytic role in promoting information on pesticides and their impact on the environment and human health. It will facilitate participatory processes and try to integrate the disperse groups and networks on this issue preferably at a regional level, create a state of opinion, support and advise local stakeholders in their endeavors to organize themselves around a common concern relating to pesticides impact and the need for safe use. The knowledge of the international conventions (Pops, PIC and BASEL) and their implementation should be used as one of the tools to achieve the Forum goals.
a. Marcia Mulkey, USEPA
b. Marco Gonzales, CCAD
Please click for a summary of the workshop.

THEME 6: Regional Network Meetings: Africa, Asia, Central America/Caribbean, North America, Europe, and South America

CALYPSO NIGHT
Music and dinner by the hotel pool

REGIONAL POSTER SESSION
Each Region presented results from the previous day’s Regional Workshop for other conference participants to review and discuss in anticipation of Regional reporting to follow. Exhibits from throughout the Region were also displayed.

PANEL 9: Reports of Regional Meetings and Workshops
Designated spokespersons shared the findings of the Regional Workshops and presented elements for incorporation into the strategic plan of INECE and a work program for the Region.

Moderators: Tony Oposa, Philippines and Wout Klein, VROM

Please click for a summary of the presentations.

PANEL 10: The INECE Strategic Vision
Presentation and discussion of the future vision for INECE, including Strategic Plan as charted with the input and recommendations made during the Conference.

Moderator: Durwood Zaelke, Director INECE Secretariat
• Gerard Wolters, VROM
• Sylvia Lowrance, USEPA
• Charles Sebukeera, NEMA, Uganda

Please click for a summary of the presentations.

CLOSING REMARKS
Gerard Wolters, VROM

Durwood Zaelke, Director
INECE Secretariat
1367 Connecticut Ave NW Suite 300
Washington DC 20036 USA
phone: 202.249.9607 / fax: 202.249.9608
e-mail: dzaelke@inece.org

Consultants
Kenneth Markowitz, President
EarthPace LLC
1367 Connecticut Ave NW Suite 300
Washington DC 20036 USA
phone: 202.249.9600 / fax: 202.249.9608
e-mail: ken@earthpace.com / http://earthpace.com

Marcy Markowitz, Vice President
EarthPace LLC
1367 Connecticut Ave NW Suite 300
Washington DC 20036 USA
phone: 202.249.9600 / fax: 202.249.9608
e-mail: mjm@earthpace.com

Jo Gerardu
Inspectorate of Housing, Spatial Planning and the Environment
VI/AL IPC 500, PO box 16191/ 2500 BD The Hague
phone: +31-70-3392536 / fax: +31-70-3391985
e-mail: jo.gerardu@minvrom.nl