Second Plenary Meeting 17-18 September, 2007 Brussels, Belgium

Secretariat Report

This document is relevant to the agenda item 5

Description: This document includes Secretariat Report for the network activities performed since the 1st ECENA Plenary, January 2006. The ECENA National and Deputy Network Coordinators are invited to discuss the document for adoption.

The activities of the ECENA multi-annual work programme 2007 - 2010 are funded by the European Commission CARDS and PHARE regional programmes

ECENA Secretariat Report on the activities and results for the period January 2006 – September 2007

1. Summary of the BERCEN/ECENA activities for the period January 2006- September 2007

The network’s work programme supported by EC CARDS programme for the period 2003-2006 has been finalized on 11th November 2006. The following activities were successfully implemented in the period since the 1st ECENA Plenary meeting:

¾ ECENA Study Tour/Training focused on IPPC, Waste Incineration, Water framework and VOC directives, , 18-25 June, 2006 ¾ Peer Review of the Albanian Environmental Enforcement system focused on IPPC directive and Parliament and Council Recommendation Providing Minimum Criteria for Environmental Inspections (RMCEI) implementation and Progress Monitoring and Benchmarking ( 30-31 March, 2006) ¾ Peer Review of the Croatian Environmental Enforcement system focused on IPPC directive and Parliament and Council Recommendation Providing Minimum Criteria for Environmental Inspections (RMCEI) implementation and Progress Monitoring and Benchmarking ( 6-9 June, 2006) ¾ Peer Review of the Environmental Enforcement system of The Former Yugoslav Republic of Macedonia focused on IPPC Directive and Parliament and Council Recommendation Providing Minimum Criteria for Environmental Inspections (RMCEI) implementation and Progress Monitoring and Benchmarking ( 1-3 March, 2006) ¾ Peer Review of the Environmental Enforcement System of Kosovo as defined by UNSCR 1244, focused on IPPC directive and Parliament and Council Recommendation Providing Minimum Criteria for Environmental Inspections (RMCEI) implementation and Progress Monitoring and Benchmarking ( 06-07 March, 2006) ¾ Peer Review of the Environmental Enforcement system of Bosnia and Herzegovina focused on IPPC directive and Parliament and Council Recommendation Providing Minimum Criteria for Environmental Inspections (RMCEI) implementation and Progress Monitoring and Benchmarking ( 21-22 September, 2006) ¾ Reports on Implementation of IPPC Directive in the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Bosnia and Herzegovina, Compiled using the Questionnaire on IPPC Directive adopted with European Commission Decision 1999/391/EC ¾ Reports on Implementation on the Implementation of the Recommendation 2001/331/EC of the European Parliament and the Council on Minimum Criteria for Environmental Inspections (RMCEI) in Albania Bosnia and Herzegovina, Croatia, Kosovo (territory

under interim UN administration following Resolution 1244 of the UN Security Council), Former Yugoslav Republic of Macedonia, Montenegro and Serbia. The report is complied following the IMPEL Guidance on Point VIII of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC). ¾ Enabling participation at IMPEL and cooperating with other networks.

Details on the scope and outcomes of the implemented activities are available in the tables bellow:

Activity ECENA Study Tour focused on IPPC, Waste Incineration, Water framework and VOC directives Justification Part of the BERCEN MAP 2003-2006 Funding European Commission’s CARDS Regional Programme 2003-2006

Time and June 18-25, 2006 in Denmark Location Objectives • To further improve the capacities for implementation of environmental law of the environmental inspectors from BERCEN/ ECENA member countries; • To upgrade the gained knowledge from the previous trainings; • To exchange information on the implementation of the major EU environmental legislation • To further strengthen the cooperation among the countries. Scope The first study tour in the framework of ECENA aimed at fully understanding how a national environmental protection system works in one of the most advanced EU countries – Denmark. The focus of the study tour was Environmental Permitting and Inspection in light of the IPPC Directive. However, other major pieces of EU legislation were covered like the Waste Incineration Directive, Water Framework Directive and VOC Directive. Participants 19 environmental inspectors/permit writers from Albania, Bosnia and Herzegovina, Bulgaria, Croatia, FYR Macedonia, Montenegro, Romania, Serbia and Turkey attended the study tour. Results • Experience exchanged on environmental enforcement and regulatory compliance; • Transfer of lessons learned; • Improved capacity, knowledge and skills related to implementation of IPPC, LCP directive and VOC chemicals; Outcomes • The participants visited the municipalities of , Gladsaxe, , . • The participants visited the following installations: • Vestforbraending Waste Incinerator; • LEO Pharma Pharmaceutical Company; • Sun Chemicals; • A pig farm ( IPPC Annex 1 installation) • There was also a visit in the Rovesta Laboratories and a presentation by the

European Topic Centre on Resource and Waste Management.

The following presentations were delivered during this study tour: • Environmental inspection system in Denmark, Gudmund Nielsen, Danish Environmental Protection Agency; • Standard Conditions in Permits, Lars Christiansen, Planmiljoe; • Copenhagen Waste Management, Lene Christensen, ; • VOC Solvent Emission Directive – Danish Experience, Frank Sorensen, Copenhagen Municipality; • Waste Water Management in , Benny W. Jakobsen, Ballerup Municipality; • LEO Pharma Introduction, Lykke Have; • LEO Pharma and the Environment, Lykke Have; • Inspection of Farms – Danish Experience, Peter Hansen, ; • Environmental Management at Vestforbraending Waste Incinerator, Annette Olsen; • Environmental Management at ; • European Topic Centre on Resource and Waste Management, Karen Kristensen; • Rovesta Laboratory Introduction 1; • Rovesta Laboratory Introduction 2; • SunChemical presentation,by Poul Valderslef and Per Bech.

Evaluation The participants considered the study tour successful. Evaluation results are available at : http://www.rec.org/REC/Programs/rerep/ecena/studytours/first/default.html

Activity Peer Reviews of the environmental enforcement system focused on IPPC, RMCEI and progress monitoring and benchmarking Justification Agreed at the 2nd BERCEN plenary meeting as “Cluster 2” activities (peer reviews) as part of the network’s work plan for 2003-2006. Funding • The European Commission CARDS Regional Programme 2003-2006.

Time & March – September 2006, Skopje, Prishtina, Tirana, Zagreb, Sarajevo Location Objectives • To provide clear picture of the situation regarding enforcement systems and integrated permitting in ECENA countries; • To assist countries with recommendations for follow-up steps to improve enforcement systems; • To encourage action in these countries in order to speed up reforms in the enforcement system; • To encourage further collaboration between inspection bodies of ECENA member countries, as well as with the inspectorates of EU member states on common issues or problems, on exchange of

experience and development and dissemination of good practices in environmental regulation; • To provide advice to inspectorates who may be seeking an external view of their structure, operation or performance by trusted, knowledgeable and independent counterparts for the purpose of benchmarking; • To spread good practices, which will lead to improved quality of inspectorates and inspections, and contributing to continuous improvement of quality and consistency in applying environmental law; • To assist countries in the EU accession process; and • To provide the European Commission with expert views on the situation in ECENA member countries regarding environmental permitting and enforcement.

Scope Peer reviews provide an opportunity to examine each country’s policy in a particular area. The IPPC Directive , the Recommendation for Minimum Criteria for Environmental Inspection (RMCEI) and benchmarking and progress monitoring practices are examined by fellow members on an equal basis, and this lies at the heart of the process. A country seeking to improve its system can learn valuable lessons from its peers on what has worked and what has not. This can save time and costly experimenting in establishing the best policies for a particular country. The recommendations resulting from such a review can also help governments win support at home for difficult measures. Because all the countries will undergo the same exercise, no country under review feels singled out in any way. Today’s reviewers will be reviewed themselves tomorrow.

Participants The review team in principle consisted of the ECENA Secretariat; field experts from an IMPEL member state; and, two experts from ECENA member countries (one from the country that has already been peer reviewed and one from the country scheduled to be peer reviewed next).

Expected • The reviewed country will benefit from the recommendations and Results expert review of transposition and implementation of IPPC and RMCEI. • Participants in the review team will broaden and deepen their knowledge and understanding of integrated permitting and RMCEI. • The European Commission will be informed of the situation in the ECENA countries regarding environmental permitting and inspection.

Deliverables Peer Review Reports Evaluation According to the Peer Review ToR, the report is confidential and available only to the reviewed country and the European Commission. Evaluation of the impact of the review was not done although the secretariat received positive feed back from some countries on the implementation of the review recommendations.

Activity Reporting exercise on Implementation of IPPC Directive in the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Bosnia and Herzegovina, Compiled using the Questionnaire on IPPC Directive adopted

with European Commission Decision 1999/391/EC

Justification Agreed at the 1st and 2nd BERCEN plenary meetings as part MAP 2003-2006 Funding European Commission’s CARDS Regional Programme 2003-2006

Time & June – September , 2006, the former Yugoslav Republic of Macedona, Location Montenegro, Serbia and Bosnia and Herzeovina

Objectives • To improve the countries capacity in standardized reporting on the IPPC Directive implementation using the questionnaire adopted with European Commission Decision 1999/391/EC • To provide the EC data on implementation of the IPPC directive in the ECENA member countries Deliverables • Country Report on the implementation of IPPC directive in the former Yugoslav Republic of Macedonia compiled using the Questionnaire on IPPC Directive adopted with European Commission Decision 1999/391/EC • Country Report on the implementation of IPPC directive in Republic of Montenegro compiled using the Questionnaire on IPPC Directive adopted with European Commission Decision 1999/391/EC • Country Report on the implementation of IPPC directive in Republic of Serbia compiled using the Questionnaire on IPPC Directive adopted with European Commission Decision 1999/391/EC • Country Report on the implementation of IPPC directive in Bosnia and Herzegovina compiled using the Questionnaire on IPPC Directive adopted with European Commission Decision 1999/391/EC • Summary Report

Evaluation The impact of the activity is not assessed. The countries and the EC are invited to discuss the impact of the activity at the plenary meeting.

Activity Reporting exercise on Implementation on the Implementation of the Recommendation 2001/331/EC of the European Parliament and the Council on Minimum Criteria for Environmental Inspections (RMCEI) in Albania, BiH, Croatia, Kosovo ( as defined by UNSCR 1255), FRY Macedonia, Montenegro and Serbia Complied following the IMPEL Guidance on Point VIII of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC).

Justification Agreed at the 1st and 2nd BERCEN plenary meetings as part MAP 2003-2006.

European Commission’s CARDS Regional Programme 2003-2006 Funding Time & June- September, 2006, Albania Bosnia and Herzegovina, Croatia, Kosovo Location (territory under interim UN administration following Resolution 1244 of the UN Security Council), Former Yugoslav Republic of Macedonia, Montenegro and

Serbia Objectives • To improve the countries capacity in reporting of the RMCEI by using IMPEL Guidance on Point VIII of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC). • To provide the EC data on implementation of the IPPC directive in the ECENA member countries

Scope Deliverables • Report on the Implementation of RMCEI in Albania • Report on the Implementation of RMCEI in Bosnia and Herzegovina • Report on the Implementation of RMCEI in Croatia • Report on the Implementation of RMCEI in Kosovo ( as defined by UNSCR 1244) • Report on the Implementation of RMCEI in the former Yugoslav Republic of Macedonia • Report on the Implementation of RMCEI in Serbia • Report on the Implementation of RMCEI in Montenegro • Summary regional report on implementation of RMCEI

Evaluation The impact of the activity is not assessed. The countries and the EC are invited to discuss the impact of the activity at the plenary meeting.

Activity Capacity Building in Benchmarking and Progress Monitoring in Environmental Compliance and Enforcement Justification World Bank supported initiative to improve benchmarking and progress monitoring Funding The World Bank

Time & April 2006- April 2007, Albania, Bosnia and Herzegovina, Croatia, Serbia, the Location former Yugoslav Republic of Macedonia, Kosovo as defined by UNSR 1244.

Objectives • to encourage use of benchmarking in environmental enforcement and compliance in targeted ECENA member countries. • to provide guidelines for capacity assessment monitoring and benchmarking that can be used as a practical toolkit for benchmarking; • to provide national and regional capacity benchmarking indictors • to adopt benchmarking for future network activities and exchange experience on national and international level. • To provide training on benchmarking and progress monitoring

Scope Develop Regional Guidelines on Progress Monitoring and Benchmarking

¾ Develop Guidelines on Progress Monitoring and Benchmarking ¾ Train key officials responsible for implementation of environmental

programmes;

Participants The participants of the training programme came from the Ministries of Environment and Inspectorates in Albania, Bosnia and Herzegovina, Croatia, FYR Macedonia, Montenegro, Serbia and Kosovo under interim UN administration. Deliverables Publication on “ Guidelines on Benchmarking and Progress Monitoring” Evaluation The impact of the project will be evaluated while the implementation of the ECENA MAP 2007-2010, particularly by using benchmarking and rating methodology while activities implementation and countries reporting.