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Environmental Inspections at the EU: The imperative to move forward

Ana Barreira

elni Review 2009, Issue 2,  pp. 79-82. https://doi.org/10.46850/elni.2009.011

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”.
There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.

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References

  1. Barreira, En busca del desarrollo sostenible: la aplicación del derecho para alcanzar la justicia intergeneracional, Generationen-gerechtigkeit, Stiftung für die Rechte zukünftiger Generationen, Ausgabe 1/2007, p. 29-35.
  2. A Europe of Results – Applying Community Law, COM (2007) 502 final, Brussels, 5 September 2007.
  3. Fifth Community Environmental Action Programme (EAP) OJ C 138, 17 May 1993
  4. Council Resolution of 7 October 1997 on the drafting, implementation and enforcement of Community environmental law OJ 1997 C 321/1.
  5. Decision No. 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability, OJ 1998 L 275/1.
  6. Commission of the European Communities, 1998, Proposal for a European Parliament and Council Recommendation providing for minimum criteria for environmental inspections in the member states, COM(1998) 772 final, later modified by Commission of the European Communities, 1999, Amended Proposal for a European Parliament and Council Recommendation providing for minimum criteria for environmental inspections in the member states, COM(1999) 652 final.
  7. European Parliament and Council, 2001, Recommendation of the European Parliament and of the Council 4 April 2001 providing for minimum criteria for environmental inspections in the Member States, OJ 2001 L 118/41.
  8. Decision No. 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, OJ 2002 L 242/1.
  9. Commission of the European Communities, 2007, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of the Mid-term review of the Sixth Community Environment Action Programme, COM (2007) 225 final.
  10. European Commission, Legal Enforcement. Statistics on environmental infringements, http://ec.europa.eu/environment/legal/law/statistics.htm.
  11. Commission of the European Communities, 2007, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States, COM(2007) 707 final.
  12. European Parliament resolution of 20 November 2008 on the review of Recommendation 2001/331/EC providing for minimum criteria for environ-mental inspections in the Member States.