Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-11-20-Speech-4-077"
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"en.20081120.5.4-077"2
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"Madam President, I am very happy to be presenting my green credentials in addition to my anti-fraud credentials, so changing topics is also a pleasure. I would like to thank the European Parliament for this discussion on the very important topic of environmental inspections.
Both of these approaches have their advantages and disadvantages. A horizontal approach would be simpler and quicker to put in place. On the other hand, the sectoral approach would enable us to better address the specific aspects of the different installations or activities. For instance, the requirements for inspections of waste shipments are completely different from those for the inspection of industrial installations. By being more targeted we could set more effective requirements.
To some extent, the sectoral approach is the one that we have already been practising for several years. For example, in the Seveso II Directive, we have provisions on inspections of installations in order to prevent accidents. These provisions have proven to be very successful. We have now included inspection requirements in our proposal to revise the IPPC Directive.
Another sector where we see the need for further action is the implementation of the EU Waste Shipment Regulation. The growing problem of illegal waste shipments is a risk for human health and the environment.
There is clear evidence of illegal shipments recorded during joint EU waste shipment inspections coordinated by IMPEL. Recent trade data and studies on the export of certain waste streams, in particular electrical and electronic waste and end-of-life vehicles, indicate that significant volumes leave the EU.
In many cases these shipments seem to violate the EU Waste Shipment Regulation’s export bans. Serious incidents of EU exports for dumping of waste in developing countries, such as the Côte d’Ivoire incident in 2006, as well as a recent Greenpeace report about waste illegally shipped to West Africa, underline the severity of the problem.
The Commission is currently examining the need for additional initiatives, including improved legislative requirements, in order to further and strengthen the inspections and controls of waste shipments.
As we stated in our communication, we also see a need to establish common definitions for terms that are relevant for inspections. For this purpose we think that a horizontal recommendation would be an appropriate instrument.
As regards the idea of transforming IMPEL into an EU environmental inspection force, IMPEL was created as an informal network of Member States’ inspection authorities. Its objective is to facilitate exchange of information and best practice between the people who are actually applying environmental legislation in the Member States. I think we should preserve this role of IMPEL of bringing together the expertise of inspectors and allowing for an informal exchange of ideas at European level.
From the Commission’s side we will continue our support to IMPEL and reinforce our successful cooperation. This year IMPEL was transformed from an informal network into an international association. This will not only give IMPEL more visibility but also open new possibilities of activities for IMPEL. To go further and create an EU environmental inspection force with powers of entry and powers to refer Member States to the Court of Justice is an interesting and ambitious idea. However, it would raise important legal and institutional questions.
We should also look at the instruments for the improvement of the enforcement of EU environmental legislation at our disposal at present and consider whether these could be further developed or put to better use. For example, the horizontal infringement cases that the Commission launched against Member States for systematic failure to enforce certain obligations, such as for the presence of thousands of illegal landfills in some Member States, have led to the establishment of improved enforcement strategies in the Member States.
Recognising the need for EU-wide action, Parliament and the Council adopted the recommendation on environmental inspections in 2001. The objective was to lay down common criteria for environmental inspections in order to ensure a better and more consistent implementation of environmental legislation through the Community.
Another example of an initiative that has led to better enforcement is the joint inspections of waste shipments throughout the Community organised within the framework of IMPEL with the support of the Commission. We would consider ways to reinforce this cooperation and encourage all Member States to participate in it.
At the time there was a long discussion on whether these criteria should be binding or non-binding. As a compromise, a non-binding recommendation was adopted. Member States pledged to implement it fully and the Commission was asked to review this decision on the basis of the experience with the implementation of the recommendation by the Member States.
The Commission launched the review process with its communication of November 2007. In this communication the Commission concluded that, although the recommendation has led to improvements in environmental inspections in some Member States, it has unfortunately not been fully implemented in all Member States.
The Commission thus put forward its preliminary views on how the situation could be improved. The measures that we deem necessary are: firstly, a modification of the recommendation to make it stronger and clearer, including a better reporting mechanism; secondly, where necessary, to complement the recommendation with legally binding inspection requirements in individual directives; and thirdly, to continue supporting the exchange of information and best practice between inspectorates in the context of IMPEL.
The Commission is now gathering the input of the other institutions and of stakeholders on these initial proposals and will then present its final proposals.
Now, coming to the questions raised, I would like to make the following remarks.
Firstly, I would like to clarify that the views presented in the Commission’s communication of November 2007 do not exclude the possibility of the Commission presenting a proposal for a directive on environmental inspections in the future. The Commission’s view, as expressed in its communication, is that there is a need for EU-wide legally binding rules to ensure effective environmental inspections. In that respect we have the same position as Parliament.
The question is, however, whether such rules should be horizontal and cover all environmental inspections or whether they should be sectoral and apply to specific installations or activities."@en1
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