checklist of subjects to be dealt with in the country profiles was used in
assessing the needs with respect to compliance and enforcement. Identified
needs are not prioritised.
The ways to reach the targets are quite different, depending on the stage
of development in each BERCEN member and observer country.
The following main conclusions are drawn from the country profiles:
- Most of the countries have adjusted their laws and
regulations to the new political reality, and this legislation is in
the process of implementation. These countries expect assistance from
BERCEN, from other countries that comprise BERCEN, the European Union
(EU) and other international donors and countries.
- The environmental ministries — or, institutions
that serve the same function — have been integrated in some cases
with ministries of physical planning or ministries of water in order
to improve capability and efficiency.
- Various ministries cooperate on environmental issues,
but this is based mostly on personal relations rather than formal
relations. Ministries of defence cooperate hardly at all in
environmental issues, even though military activity has caused
considerable environmental damage.
- Most inspectorates indicate a lack of personnel with
the legal training, necessary to develop enforceable permits,
structured compliance monitoring, consistent non-compliance response,
and enforcement procedures that are strict but will stand in court.
Inspectorates lose 50%of their court cases, which diminishes their
- Inspectorates could do better in the area of advising
on how to comply with permits (free or compulsory advising). The need
to strengthen this capability is stressed by nearly all SEE countries.
In some countries, inspectors actually write the permit conditions
that they must enforce at a later stage.
- Compliance promotion is just being implemented;
compliance checking is under-developed; and programme compliance
inspection is weak. Strategies in non-compliance response and
condoning do not exist: and neither does a code of conduct for
- In theory, inspectorates possess adequate tools to
enforce laws. They strongly indicate the need for training —
including courses in law — and they need better support in the area
of human resources.
- Training is very much undervalued in SEE countries.
Management gets no training whatsoever, while other staff receive only
a few days per year, if any. Inspectors have an average of just more
than 15 years experience in most of the SEE countries, though those in
FYR Macedonia are younger and have five to six years’ experience on
average. The lack of staff training makes for very static
- Reporting on inspection visits is common, although
inspectorates have yet to establish performance indicators on the
effectiveness of such visits, other than annual figures on the number
of visits, court cases and days spent on inspection. The number of
inspection days varies between SEE countries, depending on the
definitions of inspection and functions of inspectors. However, a
yearly average of about 150 days per inspector is a reasonable
- Most countries need training in “on-site visits ”
to achieve more efficient and structured inspections.
- Data storage and data-retrieval systems are
underdeveloped. Most countries still rely to a great extent on paper
archives. Electronic archiving is on its way in a number of SEE
countries but hardware and software is urgently required, along with
training in the use of this equipment.
- Monitoring and reporting on the state of the
environment is weak, considering the human resources and information
available within the inspectorates.
- Small and simple monitoring equipment to be used in
emergency situations is lacking, which hinders quick response to
- Compliance assessments are not performed other than
through permitting authorities and self-inspections by industry. Some
of these assessments are in response to complaints. Inspectorates need
to establish compliance indicators as part of a compliance
- Enforcement-performance indicators are similarly
deficient. Well-defined performance indicators would help
inspectorates become more efficient.
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