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  Balkan Environmental Regulatory Compliance and Enforcement Network
Environmental Enforcement and Compliance in South Eastern Europe: Conclusions

 

A 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:

  1. 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. 
     
  2. 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. 
     
  3. 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. 
     
  4. 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 credibility. 
     
  5. 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. 
     
  6. 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 inspectors. 
     
  7. 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. 
     
  8. 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 organisations. 
     
  9. 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 estimate. 
     
  10. Most countries need training in “on-site visits ” to achieve more efficient and structured inspections. 
     
  11. 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. 
     
  12. Monitoring and reporting on the state of the environment is weak, considering the human resources and information available within the inspectorates. 
     
  13. Small and simple monitoring equipment to be used in emergency situations is lacking, which hinders quick response to environmental accidents.
     
  14. 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 strategy. 
     
  15. Enforcement-performance indicators are similarly deficient. Well-defined performance indicators would help inspectorates become more efficient.
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