The Brussels Institute For the Management of the Environment. Brussels Environment. Jean-Pierre JANSSENS DIRECTEUR
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1 The Brussels Institute For the Management of the Environment Brussels Environment Jean-Pierre JANSSENS DIRECTEUR
2 PROGRAMME OF THE DAY - Welcome and coffee; - Vision, strategie, functioning and competences administration; - Legal framework inspectors/ administrative fines; - Prioritization inspections/ IED installations; - Inspection Seveso installations/ cooperation other competent authorities; - Questions/ answers; - 12h- 13h Lunch; - Soil pollution/ IED baseline report; - Visit of an installation- discussion IED; - Closure of the meeting.
3 STRUCTURE OF BELGIUM North Sea Netherlands Germany France Luxembourg
4 STRUCTURE OF BELGIUM Federal State Flemish Region Brussels Region Walloon Region Environmental legislation Except : transit of waste through Belgium product norms ionising radiation nuclear waste
5 THE REGION OF BRUSSELS - CAPITAL 160 km² inhabitants commuters/day High urbanization inhab./km² enterprises 80% SME < 10 persons + SME integrated in an urban environment
6 BRUSSELS REGION 20TH CENTURY Sint-Katelijne district Early 20th century Port of Brussels Today
7
8 BRUSSELS INSTITUTE FOR MANAGEMENT OF THE ENVIRONMENT (BIME) The administration for the environment and energy in the Brussels Region Public authority 950 persons Annual budget :
9 A MULTI-SECTIONAL AND MULTI INSTRUMENTAL ORGANISATION Partnerships Scientific research Planning Green spaces Nature & forest Soil Supra regional relations Permitting Health Air Management public space INSTRUMENTS Enforcement Eco construction SECTORS Climate Sensibilisation Economical instruments Sustainable development Noise Information & Training Guidance Subventions Water Waste Energy 9
10 Role of the BIME Environmental cycle Evaluation State of the Environment Plan strategy Deciding what to do Planning how to do it? nature waste noise & vibrations air BIME energy soil water Monitoring & learning from experiences implementation Collect data -Legislation -Sensitisation - Permitting - Inspection integrated approach
11 DEVELOPING GREEN SPACES Forest (1685 ha) Green network BIME manages 2210 ha - Creation - Maintenance - Security of the public Parcs: 400ha Biodiversity Blue network 125 ha nature sites 11
12 BIME BRUSSELS INSTITUTE FOT THE MANAGMENT OF THE ENVIRONMENT = Sustainable administration: - Flexible - Visible - 100% eco dynamique Eco building Eco-center Eco-organisation Eco-city Information area Expositions Restaurant Congres center 12
13 THE ORIGIN OF OBJECTIVES RESULTING IN VARIOUS PLANS (2) Governemental agreement 5 years Mandate plan (leading official) 5 years Policy notes ministers 5 year Orientation notes 5 years Annual Budget ressources HR annual Management and Performance contract of the administration 5 years Annual businessplan 13
14 Management and performance contract of the administration 5 years Annual businessplan Strategical decisions Strategical objectifs Division Operational decisions Operational objectifs Actions Projects Recurrent activities Departement service level Tasks individual level Management report Performance output Policy document Effects (outcome) 14
15 INSPECTION Principe: Dialogue and successive inspections Back into compliance Administrative fine when no prosection Work based on a 5 yr program + annual inspection program at regional level Priorities f(risk+ environmental impact) Fixed procedures+ memorandum of understanding (vade mecum) (municipalities) Developed performance indicators/ electronic BD of our inspection files Reconsidering procedures Iso (Satisfaction client) 15
16 INSPECTION STRATÉGIE Contrôles réactifs : plaintes, incidents, accidents; mais aussi le dommage environnemental. Médiatiques!! Non routine inspections Critères minimaux Européens Contrôles préventifs : thématiques ou intégrés Routine Inspections Basé sur une évaluation de risque (impact environnemental) Programme d inspection annuel (nouveau: à approuver par le gouvernement) 16
17 INSPECTION PLAN PROGRAMME OBJECTIVES OF OUR PLAN (5 YEARS) Inspection Plan All installations annex I covered; Plan is regulary reviewed, and where appropriate, updated; Plan is based Impel document : «IED Inspections : guidance for the implementation of the IED planning and execution of inspection, june 2013»; Plan follows the European Recommandation concerning minimum criteria for environmental inspections Inspection programme (annual) Approved by the government
18 TYPES OF INSPECTIONS (1) ROUTINE - Program based inspection (plan) (60-70 %) Preventive Sometimes : (only one environmental aspect is checked) SPECIFIC INSPECTION Mostly : INTEGRATED INSPECTION announced mostly not announced with / without on site visit via self monitoring data via external experts (contracted by operator or by inspectorate) 4
19 TYPES OF INSPECTIONS (2) NON ROUTINE (30-40 %) Reactive enforcement In response to complaints or incidents = mostly a specific inspection = inspection with on site visit 5
20 ENFORCEMENT STRATEGY! Combination of - Dialogue based enforcement strategy - Preventive approach - Command and control /Consequent use of sanctions-curative approach So is not only Compliance checking * but also Compliance promoting = encourage voluntary compliance by providing technical assistance; = developping with the operator mutually agreable schedules and approaches for achieving compliance; = to involve the company in finding the solution; = to increase the awarness of the operator (auto discipline, auto * monitoring) = to build up a positive relation authority/operator. How to achieve : - by using administrative law enforcement instruments - by using criminal law enforcement (information of public prosecutor)
21 HOW DOES THE BIME INSPECT? Establishment of breach of the permit Small infringement Urgent situations Other cases oral order (warning) immediate measures written warning One or more reminders Suspension/abrogation/ modification of license Permit proposal to competent authority prosecution report Public prosecutor Other measures : (administrative measures) - stopping activity/ installation - (temporary closure) administrative fine 7
22 ENVIRONMENTAL PERMIT Integrated permit conditions linked to an installation / site Basis: classified installations # classes: III II IC IB IA Municipal level DECLARATION ONNLY Less dangerous: cause more local nuisance Simple procedure Regional level PERMIT More dangerous Procedure is more complex Time needed to obtain permit: 80 days (II) 450 days (la) Establish sectional conditions BBT/ Brefs/ Batneec
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