Twinning project ENEA – EN forcing E nvironmental A cquis

1. Twinning projectENEA – ENforcingEnvironmental Acquis Skopje, 19th of November, 2015

2. OUTLINE 1. Key data 2. Motivation & goal 3. Project objectives 4. Project outputs 5. Expected results Twinning Project ENEA – ENforcing Environmental Acquis

3. KEY DATA • Implementation: January 2015 – August 2016 • Budget: 1 million € • Partners: • Republic of Macedonia: State Environmental Inspectorate (SEI) • Spain • The Netherlands • Including experts from different EU countries Twinning Project ENEA – ENforcing Environmental Acquis

4. MOTIVATION & GOAL • Motivation: • Poor implementation & enforcement of environmental legislation • General goal: • Improvement of implementation & enforcement • of environmental legislation in the Republic of Macedonia Twinning Project ENEA – ENforcing Environmental Acquis

5. PROJECT OBJECTIVES • Improve legislation related to environmental inspection • Propose changes to inspection-related institutional framework • Change planning approach  introducing of risk based assessment • Prepare/support elaboration of tools for inspectors: • Website • Information Management System • Guides for inspectors and for industrial operators • Checklists • Raise capacity of central & local level inspectors • through a training programme Twinning Project ENEA – ENforcing Environmental Acquis

6. PROJECT OUTPUTS Development of SEI website Initial legal and institutional assessment report Suggestions for updates in key legislation Draft Law for Inspection on Environment Recommendations for improvement of inspection system Long-term, sustainable capacity building programme for inspectors Implementation of risk-based planning through IRAM tool Proposals for soil control & remediation of selected polluted sites Twinning Project ENEA – ENforcing Environmental Acquis

7. PROJECT EXPECTED RESULTS • Legal framework improved • Better coordination and cooperation between inspectionservices on • central & local levels • Inspection planning, execution & reporting in line with EU legalybinding • requirements (as indirectivesandregulation) • Tools in place to support inspectors’ workon central & local levels • Strategy for steps to take in following years, including follow-up projects • under EU preaccessionprogrammes Twinning Project ENEA – ENforcing Environmental Acquis

8. PROJECT OUTPUTS Development of SEI website Initial legal and institutional assessment report Suggestions for updates in key legislation Draft Law for Inspection on Environment Recommendations for improvement of inspection system Long-term, sustainable capacity building programme for inspectors Implementation of risk-based planning through IRAM tool Proposals for soil control & remediation of selected polluted sites Twinning Project ENEA – ENforcing Environmental Acquis

9. Draft Law for Inspection on Environment EU Progress Monitoring of the transposition and implementation of the environmental and climate acquis, 15 June 2015: „As regards the administrative capacity, recent assessment has shown that current administrative structure lacks human resources to ensure effective enforcement of environmental legislation. Further implementation efforts are focused on improving co-ordination and exchange of information between the competent authorities and on establishing an effective reporting system.” Twinning Project ENEA – ENforcing Environmental Acquis

10. Draft Law for Inspection on Environment EU Progress Monitoring Report, Brussels,10 November 2015: „Overall, there has been some progress towards strengthening the country’s administrativecapacity to implement and enforce legislation on the environment and climate change, but itremains largely insufficient at all levels.” Twinning Project ENEA – ENforcing Environmental Acquis

11. Draft Law for Inspection on Environment Since 2010 - Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (RMCEI) – not legally binding Since 2010 - IE Directive 2010/75/EU - legally binding Twinning Project ENEA – ENforcing Environmental Acquis

12. Draft Law for Inspection on Environment • Other EU legallybindinglegislation: • Directive 2012/18/EUon the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC • Regulation (EC) No 2013/2006 on shipments of waste (TFS) • Regulation (EC) No 1005/2009 on substances that deplete the ozone layer • Directive 2012/19 on waste electrical and electronic equipment (WEEE) • Directive 2010/63/EU on the protection of animals used for scientific purposes • Directive 2009/31/EC on the geological storage of carbon dioxide • …… Twinning Project ENEA – ENforcing Environmental Acquis

13. Draft Law for Inspection on Environment General rule of EU law - EU does not prescribe how MS or Candidate Country will apply legally binding rules and implement EU laws. Each MS or Candidate County must provide the evidences that system is functional – effectively applied and enforced. Several recent case law of the EU Court of Justice ( EC v Ireland C- 371/11, EC v Greece C-378/13, EC v Italy C-653/13 and C-196/13, ..) shows that the lack of an effective inspection services counts as a violation of EU laws with huge financial consequences. Several MS have started to impose obligations on local state entities (local and regional self gouvernment) to pay these huge finesif they were the ones that caused the violation of EU laws. Twinning Project ENEA – ENforcing Environmental Acquis

14. Draft Law for Inspection on Environment Several recent law cases of the EU Court of Justice ( EC v Ireland C- 371/11, EC v Greece C-378/13, EC v Italy C-653/13 and C-196/13, ..) shows that the lack of an effective inspection services counts as a violation of EU laws with huge financial consequences (€12000 per day, lump sum € 20 million, …) Several MS have started to impose obligations on local state entities (local and regional self gouvernment) to pay these huge fines if they were the ones that caused the violation of EU laws. Twinning Project ENEA – ENforcing Environmental Acquis

15. Draft Law for Inspection on Environment • TheproposedLaw for Inspection on Environmentprovidesthe platforma: • to alignnationallawwiththe RMCEI • to ensureeffectivelyfunctioningenvironmentalinspectionservicesofbothlevels (central & local) • for properimplementationofthelegallybindinginspectionprovisions as laiddownin Art. 23 ofIE Directive2010/75/EU as well as inotherenvironmentalDirectivesandRegulationsdealingwithspecificmediaissues (TFS, WEEE, etc…) Twinning Project ENEA – ENforcing Environmental Acquis

16. Draft Law for Inspection on Environment • TheproposedLaw for Inspection on Environment takes steps to introduce: • That each environmental inspection plan shall include: • a general assessment of relevant significant environmental issues • the geographical area covered by the inspection plan • a register of the installations covered by the plan • procedures for drawing up programmes for routine environmental inspections • procedures for non-routine environmental inspections • where necessary, provisions on the cooperation between different inspection authorities Twinning Project ENEA – ENforcing Environmental Acquis

17. Draft Law for Inspection on Environment • TheproposedLaw for Inspection on Environment takes steps to introduce: • that basedon the inspection plans, the competent authority (CA) shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations • the period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks • if an inspection has identified an important case of noncompliance with the permit conditions, an additional site visit shall be carried out within 6 months of that inspection Twinning Project ENEA – ENforcing Environmental Acquis

18. Draft Law for Inspection on Environment • TheproposedLaw for Inspection on Environment takes steps to introduce: • that non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit Twinning Project ENEA – ENforcing Environmental Acquis

19. Draft Law for Inspection on Environment • TheproposedLaw for Inspection on Environment takes steps to introduce: • that following each site visit, the CA shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary • the report shall be notified to the operator concerned within 2 months of the site visit taking place • the report shall be made publicly available by the CA in accordance with Directive 2003/4/ECon public access to environmental infor­mation within 4 months of the site visit taking place • thatthe CAshall ensure that the operator takes all the necessary actions identified in the report within a reasonable period Twinning Project ENEA – ENforcing Environmental Acquis

20. Thank you very much ! Благодараммногу! www.sei.org.mk inspection.cs@gmail.com Twinning Project ENEA – ENforcing Environmental Acquis