Subcategories Project status:
Strategies of Enforcement
- Number: 2011/12
- Status: Finalised
- Period: 2011
- Lead Country: Denmark
Project team countries:
Denmark, Romania, Italy, Slovenia, Latvia and Germany.
The aim of this project is explore how enforcement is defined in different Member States. Furthermore it is the aim of the project to identify and compare examples of strategies of enforcement among the Member states: types and levels of sanctions and indicators for results. Finally the key challenges in relation to enforcement will be identified with the intention to address them in a follow-up ToR.
Enforcement is the tool that the authorities can use to achieve compliance with the regulation. Compliance with the legal requirements is an essential foundation for environmental protection. Without compliance, environmental requirements will not achieve the desired results.
Enforcement is an important action second to regulation, inspection and identification of non-compliance. This project can be considered as a continuation of previous IMPEL projects like: Review of Compliance promotion, Inspections practices and Enforcement for IPPC installations (2007), IMPEL Better Legislation Project – Effective Enforcement Needs a Good Legal Base (2003) and Doing the right things I, II and III (2006, 2007, 2008).
Basically IPPC-installations are covered by the same regulatory framework no matter what Member State they are located in. Meanwhile enforcement decisions are not aligned among the Member states but depend on parameters as for instance resources, culture and national systems, regulation and prioritization. On national level enforcement actions are made on a case by case basis taking into account things like actual environmental impact, compliance history of the site, attitude of the operator etc. This implies that there is a need for investigation of the range of practice in enforcement and to compare different intervention and enforcement strategies among the Member States.