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Enforcement
and Compliance Networking in Eastern Europe, Caucasus
and Central Asia
The
recently concluded meeting of the NIS Environmental
Compliance and Enforcement Network (NISECEN) held in
Almaty, Kazakhstan was the fourth annual gathering which
offered a forum for exchanging experience and good practices
among enforcement officers and environmental policy
makers from the regions of Eastern Europe, Caucasus
and Central Asia (EECCA) and between the experts from
these regions and the practitioners from OECD and other
countries who are invited to the meetings. The Network
meetings enable discussions about better institutional
framework and more effective and efficient policy instruments
for enforcing environmental requirements, responding
to non-compliance and promoting compliance in the region.
In addition to enforcement officers and environmental
policy makers, the representatives of the NGOs, business
and industry are invited as observers.
The
Network oversees the implementation of an agreed work
program which includes carrying out analysis of selected
elements of enforcement and compliance framework, development
of guidance documents and case studies, awareness raising,
capacity building and networking. The NISECEN was established
in 1999 to acknowledge the importance of enforcement
and compliance promotion activities in achieving national
environmental policy goals.
The
Almaty meeting gathered over ninety participants, including
high-level officials from environmental agencies (two
environment ministers from Kazakhstan and Georgia opened
and participated in the meeting) and environmental enforcement
authorities, representatives of cleaner production centers,
industry, and non-government organizations from the
region. Experts and government representatives from
the OECD and Central European countries attended the
meeting along with the representatives of international
organizations, including the World Bank, UNIDO and the
Regional Environmental Center for Central and Eastern
Europe.
The
main objectives of the meeting were to present progress
in Implementing the NISECEN Work Program and discuss
key documents that have been developed within the Network
to serve as an input to the "Environment for Europe"
Ministerial Conference in May 2003 and to discuss problems
and opportunities in promoting voluntary compliance
with environmental requirements in the EECCA region,
including promotion of cleaner production approaches
and environmental management at enterprises. The meeting
also launched a dialogue between environmental authorities,
industry and civil society in the EECCA countries on
promoting environmental compliance.
During
the discussion on the implementation of the NISECEN
work program, the participants endorsed the draft Guiding
Principles for Environmental Enforcement Authorities
in EECCA region and agreed to submit the document to
the Kiev Ministerial Conference. They also discussed
a number of analytical and guiding documents, such as
reviews of enforcement and compliance promotion practices
and environmental permitting systems in the EECCA region,
the Toolkit for Environmental Inspection; the Assessment
Report on Environmental Management in Enterprises. In
addition, the Network Members identified a number of
issues that will constitute the core NISECEN work program
after the Kiev Ministerial Conference.
During
the discussion on compliance promotion, the participants
took account of examples of designing and applying instruments
for promoting voluntary compliance with environmental
requirements that exist in the EECCA region, and worldwide.
Case studies and experience from Kazakhstan, Kyrgyzstan,
Russia, Ukraine and Uzbekistan were presented along
with those from China, Latvia, the Netherlands, Norway,
Poland, Slovakia, Sweden and the US. The participants
also identified major barriers in applying compliance
promotion tools and factors stimulating voluntary compliance.
They also discussed possible actions at the country
and regional level to strengthen compliance promotion
efforts and the ways to facilitate the communication
between various stakeholders.
Meeting
documents are available on the NISECEN Web site at http://www.oecd.org/env/eap/policy.
Balkan
States Begin Training and Exchange Program
The
Balkan Environmental Regulatory Compliance and Enforcement
Network (BERCEN) recently met in Budapest, Hungary,
on September 9, 2002 and issued a report on the status
of enforcement and compliance in South Eastern Europe,
initiated a new training and exchange program, and adopted
recommendations to assist Balkan states in acceding
to European Union environmental legislation. BERCEN,
established in Tirana in December 2001, is an informal
network that facilitates, assists and promotes enforcement
of regulations throughout South Eastern Europe by disseminating
information and finding ways for participating countries
to cooperate and develop projects of common interest.
Report
on the Status of Enforcement in South Eastern Europe
The
report, Current Legal Structure and Resources Available
to the Environmental Protection Agencies and Inspectorates
in the Countries of South Eastern Europe, found
the implementation and enforcement of new regulations
and laws in nearly all BERCEN member countries weak.
In addition, it noted that the basic ingredients, including
data compilation and retrieval systems, hardware and
software to support these systems and training for personnel
in the regulatory cycle, are not present in these states.
Pollution
Prevent & Control Training
The
meeting also reviewed recent "train the trainer"
programs that focused on minimum criteria for inspections
and integrated pollution prevention and control. The
first training session focused on individual participants,
while the second training focused on country-by-country
performance. This interactive program, featuring lectures,
discussions and team presentations offered country teams
the opportunity to develop detailed training programs
to be implemented in their respective nations. Progress
reports on the status of implementation will be given
at future BERCEN meetings.
Exchange
Program
Based on the findings of the regional report, supra,
the meeting decided that the first step in developing
a better understanding in enforcement and compliance
should be an exchange of information on the inspection
systems applied. Therefore, BERCEN will begin an exchange
program with the objective of developing the capacity
of the enforcement agencies through the exchange of
experience between European Union accession countries
(AC IMPEL member countries) and BERCEN members. The
specific objectives of this project are:
- To
bring together the environmental inspectors from BERCEN
and the European Union Network with the Implementation
and Enforcement of Environmental Law (IMPEL) member
countries for exchange of experience related to environmental
enforcement and regulatory compliance development;
- To
collect information for case studies on how countries
carry out inspections and how the exchange of information
may improve inspection;
- To
provide a forum for the regional exchange of experience
and information;
- To
enable BERCEN member countries to improve their capacity
in order to actively participate and contribute in
IMPEL projects; and
- To
improve the bilateral cooperation among the enforcement
agencies in the region and beyond.
The
first exchange program was organized by the BERCEN Secretariat
in cooperation with Croatia and is took place in December
2002. The second program will be organized in cooperation
with one of the AC IMPEL countries, most likely Bulgaria,
and will focus on issues related to the EU accession
process. Each program offers training, presentations,
and field visits over a five-day period.
Recommendations
on European Union Environmental Directives
In
a further attempt to assist Balkan states in their efforts
to approximate EU environmental legislation, BERCEN
also adopted two strategic network recommendations related
to the preparatory activities for introduction of Integrated
Pollution Prevention and Control (IPPC) Directive (96/61/EC)("the
Directive") and the implementation of the Recommendation
of the European Parliament and of the Council of April
4, 2001, providing minimum criteria for environmental
inspections (2001/331/EC)("the Minimum Criteria").
The
Directive emphasizes the need to reduce the environmental
impact of large industrial installations via reduction
of pollution and promotion of cooperation with different
stakeholders. BERCEN encouraged member states to adopt
standardized reporting procedures on these preparatory
activities using the IPPC Directive questionnaire adopted
under the European Commission Decision 1999/391/EC.
The
recommendation dealing with Minimum Criteria for Inspections
seeks to harmonize the principles and operational mode
of the environmental inspectorates in BERCEN states.
It calls for the adoption of common methodology for
key data collection and processing in order to give
a realistic picture of the status of the environmental
inspectorates in South Eastern Europe. It also encourages
members to use standardized reporting on inspection
activities based on the IMPEL Guidance on Recommendation
2001/331/EC. For more information on these, and other
BERCEN initiatives, visit http://www.rec.org/REC/Programs/REREP/BERCEN.
Chemical
Network Launches "Dangerous Preparations"
Project
A
new "dangerous preparations" project was launched
at the Third Conference of the Chemical Legislation
European Enforcement Network (CLEEN) held in Copenhagen
from September 9-11, 2002. Representatives from EU countries,
the European Commission, the Scandinavian countries,
Czech Republic, Slovakia and Slovenia attended the conference,
which also discussed the results of the EurOzone project
and launched an initiative on PCBs.
The
new project on the enforcement of the Dangerous Preparations
Directive (Dir. 199/45/EC) named ECLIPS, (European
Classification and Labeling Inspections of Preparations
and Products) will focus on the so-called CMR-substances
that are carcinogenic, mutagenic and toxic for reproduction.
An inspections guidance manual will be developed that
will include tools for training and reporting standards,
resulting in one European strategy for inspections.
This will improve compliance and stimulate equal market
conditions across Europe. The inspection programs in
the Member Countries will start in 2003.
In
addition, member states dealing with the problems of
PCB's committed to prepare a project plan to address
these issues by the end of 2002. In 2003 a guidance
manual for PCB inspections will be developed, followed
by an operational phase with inspections in 2004.
The
conference also reviewed the progress of the EurOzone
Project that resulted in the inspection of more
than 2700 cooling installation using CFCs, an ozone
depleting substance. It was concluded that more than
30% of the installation were not in a satisfactory condition
and that about 20% have leakages exceeding 10% of their
total coolant volume per year. In 40% of the installations,
maintenance problems were identified and more than 60%
of the companies inspected did not have sufficient knowledge
about their installations and the handling of the CFC's.
The member countries will apply the experiences from
this project for the improvement of their national enforcement
programs. For more information on CLEEN's initiatives,
visit http://www.cleen-europe.org/index.html.
For
more news from Europe, visit INECE's European Forum
at http://www.inece.org/region_europe.html.
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