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PROJECTS

Using the IMPEL Practicability and Enforceability Checklist to assess the Waste Shipment Regulation

  • Number: 2011/15
  • Status: Running
  • Period: 2011
  • Lead Country: UK - England & Wales

  • Project team countries:
    UK, Belgium, Netherlands, Sweden and Institute for European Environmental Policy.

  • Participating countries:
    UK, Belgium, Netherlands, Sweden and Institute for European Environmental Policy.

Executive Summary

The Directive on the Waste Shipment Regulation was adopted entered into force in 2007. The following reasons lead to the review of the Waste Shipment Regulation:

  • Normally the EC will review legislation after five years of implementation. Especially the implementation of article 12(1)(c) is separately mentioned in the WSR.
  • Experience with the first years of implementation of the Waste Shipment Regulation has indicated technical, legal and administrative problems that result in unintentionally costly efforts from market actors and administrations, continuing environmental harm, a lack of level playing field or even distortion of competition and unnecessary administrative burden.
  • The Commission is committed to develop better regulatory environment, one that is simple, understandable, effective and enforceable.


Project description

In order to encourage policymakers, legislators and stakeholders to devote more attention to likely problems of practicability in implementation and enforceability throughout the legislative process, with a view to anticipating and remedying practicability and enforceability problems through a pro-active approach, IMPEL has produced a practical checklist to assess the practicability and enforceability of existing and new legislation with the aim of improving the overall implementation of EU environmental law in the Member States. The checklist was adopted by the IMPEL Plenary Meeting in December 2006.

In parallel to the work of IMPEL the Network of Heads of European Environmental Protection Agencies (NEPA) published a report ‘Barriers to Good Environmental Regulation’. This also identifies a series of questions that need to be considered in assessing the development and implementation of legislative measures to address issues such as practicability.

IMPEL has used the P&E Checklist and the NEPA checklist to examine the practicability and enforceability issues relating to IMPEL members work in relation to the IPPC Recast Proposal and the WEEE Directive Recast Proposal. The experience of undertaking this assessment formed the basis of a workshop between IMPEL members and Commission officials in September 2008 to identify lessons learnt and ways forward for cooperation between the Commission and IMPEL. The workshop concluded that it was important for IMPEL to continue to use the P&E checklist to examine Commission proposals and this project on the Waste Shipment Regulation, therefore, forms the third occasion on which IMPEL will have undertaken such an assessment.

Terms of Reference - Using the IMPEL Practicability and Enforceability Checklist to assess the Waste Shipment Regulation