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PROJECTS

Review of Compliance promotion, Inspections practices, and Enforcement for IPPC installations

  • Number: 2007/08
  • Status: Finalised
  • Period: 2007
  • Lead Country: EC

  • Project team countries:
    Germany, United Kingdom, Portugal, Greece, the Netherlands and Belgium.

  • Participating countries:
    Germany, United Kingdom, Portugal, Greece, the Netherlands and Belgium.

Executive Summary

This project has focussed on how Article 14 of the IPPC Directive is put into practice by assessing the current approaches for compliance promotion, inspection and enforcement of IPPC installations.



Project description

This report summarizes the replies received from 25 Competent Authorities (CAs) in 16 different Member States (MS) to a questionnaire on the implementation of Article 14 of the IPPC Directive. Member States were asked to provide practical information on their inspection planning and practices and enforcement activities, which should ensure that IPPC installations are operated in compliance with the Directive’s requirements.

The responses received show that, although there is no explicit provision in the IPPC Directive requiring that environmental inspections should be performed, such inspections are effectively taking place, including site visits and off site compliance assessment. Routine inspections are mostly planned via (yearly) inspection programmes, such as described in the Recommendation 2001/331 on Minimum Criteria for Environmental Inspections. In some MS – especially those who joined the EU more recently – the planning of environmental inspections is still in the developing phase.

Descriptions and concrete examples of the variety of existing inspection practices have been gathered. Approaches aiming to achieve “integrated compliance” were considered to be most effective in reaching the objectives of the Directive. A number of different inspection types, which may all contribute to achieving this goal, even though they are not all specifically called “integrated”. Minimum inspection frequencies have been established in several MS. For determining the inspection frequency at the installation level and to ensure that compliance checking is done effectively and efficiently and the right priorities are taken, several CAs are applying a risk based methodology. Feedback from the inspectors to permitting authorities is generally happening, but different levels of interaction were reported and the impact on the permitting process was not always clear.

Regarding enforcement, all CAs have the means to take (administrative) measures, aiming to restore compliance if needed, and can go to other authorities (police, Public Prosecutor) to take actions in the field of criminal law.