Expert Group "Greening the European Semester / Environmental Implementation Review" 23 January 2018, Brussels Commission Action Plan on Compliance and Governance
KEY FINDINGS OF PREPARATORY STAGE EIR identifies weak compliance mechanisms as one root cause of poor implementation Demand for a high-level platform for expert exchanges and agenda-setting Stress on scope for experts working together Importance of training and knowledge sharing Need for EU guidance Practical challenges: crime, complaint handling, rural areas Importance of new technologies
COMMISSION PACKAGE Commission Communication (COM(2018)10) Commission Staff Working Document (SWD(2018)10) Commission Decision establishing a new Commission Expert Group (C(2018)10) More information and a summary fact sheet available at: http://ec.europa.eu/environment/legal/compliance_en.htm
ACTION 1: COMBINING FORCES Builds on (1) IMPEL peer reviews, (2) IMPEL joint enforcement actions and (3) EU Peer2Peer tool Objectives: (1) deepen and widen thematic and geographical coverage of joint enforcement actions and peer reviews in discussion with IMPEL and other networks (2) Improve other related approaches, e.g. compliance assurance visits, e.g. waste compliance promotion visits
ACTION 2: TRAINING Strong demand from professionals Efforts to date limited, e.g. COM training programme for judges and prosecutors and networks activities Objective: first step to get IMPEL to take lead in identifying training needs Follow up with more effective training
ACTION 3: KNOWLEDGE SHARING Ensure a more complete and coherent COM web-presence on environmental compliance assurance Publicise results of actions under the Action Plan Improve transparency generally
ACTION 4: GUIDANCE ON COMBATTING ENVIRONMENTAL CRIME Background JHA Council Conclusions from 8 December 2016 and Genval Mutual Evaluations 2017-2019 Security Agenda Review of Environmental Crime Directive 2008/99/EC Work within the New Policy Cycle: combatting environmental crime now a priority
ACTION 4: GUIDANCE ON COMBATTING ENVIRONMENTAL CRIME Details Practical guidance covering Key obligations and principles Role of criminal, administrative and liability law Good practices in cooperation and coordination Recommended content of strategies Close collaboration with networks and Forum
ACTION 5: GUIDANCE ON COMPLIANCE ASSURANCE IN RURAL AREAS Background EIR findings on diffuse water pollution and poor status of Natura 2000 habitats and species 2017 Staff Working Document Agriculture and Sustainable Water Management, SWD(2017)153 EU Action Plan for nature, people and the economy, COM(2017) 198
ACTION 5: GUIDANCE ON COMPLIANCE ASSURANCE IN RURAL AREAS Details Practical guidance covering Overview of obligations and principles Risk assessment tool Good practices on inspections Good practices on helping duty-holders to comply Close collaboration with networks and Forum
ACTION 6: TECHNICAL GUIDELINES FOR INSPECTIONS OF EXTRACTIVE WASTE FACILITIES Specific requirement in Directive 2006/22/EC Practical guidelines covering Inspection planning Carrying-out of routine and non-routine inspections Inspection reports
ACTION 7: COMPLAINT-HANDLING High number of complaints to Commission Commission recognition of importance of national redress mechanisms, COM(2017) 198 Practical guidance covering Complaint handling role of environmental authorities and national ombudsmen Role of citizen science
ACTION 8: GEOSPATIAL INTELLIGENCE Background Opportunities through new technologies and data sources Value of spatial information for inspectors, police and prosecutors Improved satellite capabilities (Copernicus & Galileo Programmes)
ACTION 8: GEOSPATIAL INTELLIGENCE Details GEOINT training and information sessions Evidence gathering Thematic workshops Good practices Impact assessments
ACTION 9: ASSESSMENT FRAMEWORK ON COMPLIANCE AND GOVERNANCE Improve understanding of national compliance assurance systems and other governance features Define assessment criteria to assess their effectiveness Produce country-specific reports Ongoing support project (see next slides)
Project context 7 th Environmental Action Programme: a focus on improved implementation The SDGs, especially: Goal 16: Promote just, peaceful and inclusive societies, and Goal 17: Revitalize the global partnership for sustainable development Environmental Implementation Review: a young process, developing from the first (2016) iteration, and identifying environmental governance as a key driver Wider Commission processes to encourage better implementation and better governance www.ieep.eu @IEEP_eu
Project aim and structure Project s aim is to develop a framework for assessment of environmental governance and administrative performance in the Member States specific for the implementation of environmental legislation and policies. Project is structured around the following milestones: Definition of environmental governance and scope of the assessment Building of the assessment framework and methodology Testing of the assessment framework and methodology Preparing 28 country reports and a final report Stakeholder consultation (interviews, workshops, meetings) is a key part of the methodology www.ieep.eu @IEEP_eu
Project consortium Institute for European Environmental Policy (IEEP) with experts from its partner organisations: Ecologic Institute, REC, University of Catania, Stevens & Bolton, Denkstatt, ECOGESTUS, IVM as well as with independent experts: Stephen Stec, Rita Annus, Peter Hjerp, and Janis Brizga. service under the framework contract ENV D.4/FRA/2016/0003 www.ieep.eu @IEEP_eu
Project timeline Draft pilot country reports ready 2/15/2018 Project start 10/24/2017 Interim report 2/24/2018 First workshop 2/27/2018 Draft 28 country reports 6/15/2018 Final 28 country reports 10/24/2018 Final report (all deliverables) 2/24/2019 2017 Oct Dec Feb Apr Jun Aug Oct Dec Feb 2019 Today Task 1 Definition and scope Task 2 SWOT analysis Task 3 Methodology Task 4 Pilot country reports/testing Task 5 Presentation - technical solution Task 6 28 country reports Task 7 Meetings/workshops Steering group meeting Workshop 1 2 December end of February December end of February December end of March January end of March I continuous throughout 2018 end of March mid June 2018 end of October* continuous 2017-2019 * Depending on the time we receive the Member State feed back 21
Progress so far Scoping note identifying a range of dimensions and themes mainly completed (see next slide) SWOT analyses of relevant assessment frameworks (e.g. EU Justice Scoreboard) on-going Pilot assessments (Austria, Belgium, Poland) on-going Several bilateral consultations with the Commission, as well as external contractors involved in relevant work (e.g. EIPA and the EU PACK reports) have been carried out but the process in on-going 1st workshop focusing on the assessment framework and methods will take place on 27 th February at the Committee of the Regions premises in Brussels registrations are now open www.ieep.eu @IEEP_eu
Dimensions and themes for the assessment framework TRANSPARENCY ACCOUNTABILITY RULE OF LAW PARTICIPATION EFFECTIVENESS and EFFICIENCY Implementation evidence/reporting, including Environmental Information Systems (SEIS, Copernicus, PRTR) Access to information (accessibility of databases, information requests) Reliability/quality of information A ) inspection, B) enforcement, C) public mobilization Complaint handling Corruption issues relevant to the environment Environmental liability Access to justice (legal standing, costs) Effective remedies Practical information (opportunities for Access to Justice) Judicial capacities; capacities of advocates, prosecutors etc Public participation Integration of environmental concerns in planning and permitting processes (EIA/SEA) Public confidence in institutions Equitability and inclusiveness Enabling financing and absorption of funds Administrative capacity Inter/cross-sectoral coordination Integrated assessment and planning tools Flexibility/adaptabi lity www.ieep.eu @IEEP_eu
Draft structure of the country report 1. Summary of findings; comparative data 2. Context and characteristics of environmental governance 3. Presentation of the findings: a. Transparency b. Accountability c. Rule of Law d. Participation e. Effectiveness and efficiency 4. Outlook; and new or projected governance initiatives 5. References, data sources, country-specific assessment challenges; good practices identified www.ieep.eu @IEEP_eu
Information sources Academic literature Reports from EU projects Institutional publications and databases (e.g. InfoCuria) Material collected from the official websites of stakeholders Relevant material from international environmental governance processes, including Aarhus Convention Compliance Committee findings Interviews and questionnaires (including additional sources they point us at) Workshops Internal project partners databases Expert judgment by the senior project team members www.ieep.eu @IEEP_eu
Save the date: Workshop on environmental governance in EU Member States building an assessment framework, Brussels, 27 February 2018 The first (our of three) workshop on the scope and criteria of the environmental governance assessment framework in the EU Member States Presentation of the project s early findings, namely the environmental governance framework components and scope, and the initial results of the pilot assessment) insights from Support for developing better country knowledge on public administration and institutional capacity building (EUropean Public Administration Country Knowledge EUPACK) The workshop participants will be invited to discuss the following topics: Scope and criteria of the environmental governance assessment in EU Member States, Good practices and the potential to replicate them, Assessment methods and information sources. More information: http://ec.europa.eu/environment/legal/reporting/workshops_en.htm www.ieep.eu @IEEP_eu
WORKING WITH MEMBER STATES Role of Forum Insights Steering Role of networks for: implementation of individual actions disseminating and promoting the products providing 'reality check' to policy makers
ENVIRONMENTAL COMPLIANCE AND GOVERNANCE FORUM New formal high-level Commission expert group to help steer compliance and governance actions Composition: Member States and representatives of networks Twice yearly meetings FIRST MEETING on 13 March 2018! Formal invitations soon.
Thank you for your attention! For more information: http://ec.europa.eu/environment/legal /compliance_en.htm Contact: ENV-E04@ec.europa.eu