During the visit of EPL representatives to the Ministry of Environment of the Czech Republic, the team members of the organization had the opportunity to thoroughly analyze the work of the Czech Environmental Inspectorate.
Structure and directions of work
The Czech Environmental Inspectorate (CEI) was founded in 1991 and has 13 offices: 1 central office in Prague and 10 regional offices, 2 branches of the central office. The total number of environmental inspectors is 400 people. CEI controls compliance with environmental legislation and mandatory decisions of administrative bodies in the field of environmental protection. The director of CEI is appointed by the Minister of the Environment of the Czech Republic.
The Central Office of the Czech Environmental Inspectorate consists of the following departments:
- ambient air protection,
- waste management,
- water protection,
- nature protection
- management of forest resources,
- integrated environmental permit and ensuring compliance with its conditions,
- GMO,
- CITES,
- chemical safety.
Employees of the environmental inspectorate must have a degree in the area of natural sciences, technical, agricultural or forestry specialization. Employees working in the integrated environmental permit department pass an additional exam in the Ministry of Environmental Protection. Every year, each employee conducts more than 80-90 inspections.
Powers and control
The powers of the CEI include monitoring compliance with environmental protection legislation through inspections, developing measures to eliminate identified deficiencies, imposing administrative and economic sanctions for non-compliance with environmental protection legislation and causing damage to the environment.
CEI also controls the trade and handling of endangered species of animals and plants and their products, confiscates illegally acquired species and objects. CEI controls dangerous chemical substances and mixtures, monitors product safety, restricts or terminates some activities if they pose a significant threat to the environment. CEI prepares analytics to solve the historical ecological burdens of economic activity on nature, participates in elimination of the consequences of accidents.
A broad partnership
The Czech Environmental Inspectorate is a fairly open state body that closely cooperates with the general public, business, and colleagues from EU countries. It provides information in response to requests in accordance with current legislation, informs the public, the media and public administration bodies about environmental data obtained during inspection activities, prepares position documents (statements) for other public administration bodies, cooperates with inspection bodies of the EU countries and the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL).
Main tasks and inspections
The main task of environmental inspectorate is to prevent environmental damage.
Every year, the inspectorate conducts about 700 scheduled inspections of integrated environmental permit holders. Unscheduled inspections are also carried out based on reports (calls, letters) from ordinary citizens or NGOs, their number is up to 3,000 per year. Even with an anonymous report, inspectors must conduct an inspection. Inspections can be carried out on working days and weekends, there are inspectors on duty who take calls on weekends and conduct inspections.
For inspections, groups of 2-5 people are formed and in each group a leader is appointed. If serious violations were detected during the previous inspection, for example, the conditions of the integrated environmental permit were violated, then the inspectors come again after 6 months to check whether the situation has improved and whether the observations specified in the protocol and report of the preliminary inspection have been fulfilled.
Inspectors have the following equipment: mobile phones, tablets, cameras, mobile printers, GPS navigators, drones and official cars, sets for testing ambient air (mobile spectrometers) and taking samples of waste and wastewater, which are subsequently analyzed at accredited laboratories under contracts.
Inspectors can inspect individuals, legal entities, as well as local self-government bodies.
During scheduled inspections, an on-site visit is made, local authorities and the health office are notified. Planned inspections are carried out once every 1, 2, 3 years, depending on the enterprise’s hazard class. During the inspection, compliance with the requirements of the integrated environmental permit is evaluated. One or more environmental inspection departments are involved in the inspection. PRTR inspection can also be performed.
Unscheduled inspections are carried out on the basis of requests from the public, legal entities or in case of emergency situations reported by the operator or another person. Unscheduled inspections are carried out on site without prior notification of the business entity, as well as other authorities. It is not possible that inspectors may not be allowed to the enterprise as there are severe sanctions for such actions.
Sanctions and punishment for violators
After the inspection is completed, the environmental inspector may request the enterprise to provide additional information for preparation of the inspection protocol. On the basis of the inspection protocol, information on the inspection results is compiled for public disclosure. Finally, based on the results of the inspection, an inspection report is prepared, where a conclusion is drawn about compliance or non-compliance with requirements, of, for example, an integrated environmental permit, or of environmental legislation as a whole. The business entity has 15 days after receiving the report to challenge the inspection results. In order for a representative of the public to receive a full report on the inspection of an economic entity, it is necessary to send a corresponding request to the territorial branch or the Central Office of the CEI.
In case of violation of the integrated environmental permit, a fine is imposed, measures to restore the environment are determined, and a warning letter may be issued by the head of the relevant inspection. In case of a serious violation of the requirements of the law, restrictions on certain operations may be imposed, a part or the entire enterprise may be stopped, which happens very rarely. Fines range from 4,150-8,300 to 200,000-500,000 euros. Compensation for environmental damage may also be charged.
If the enterprise does not agree with the decision of CEI, it can be challenged in the Ministry of Environment of the Czech Republic. The Ministry of Environment of the Czech Republic, when considering a complaint, can confirm the decision of the CEI and leave it unchanged, can change the CEI’s decision, cancel the CEI’s decision and return the case for a new consideration.
Efficiency is the most important!
In 2021, the Czech Environmental Inspectorate conducted 11,231 scheduled and unscheduled inspections, inspections based on citizen appeals and Green Line calls. It imposed 1,673 fines for a total of 2,859,102.1 euros, imposed 55 injuntions or restrictions on business entities or their parts. 88 demands were issued to remedy the situation, 742 EIA conclusions were developed (Law No. 100/2001 Coll.)
In general, it is worth noting that the Czech Environmental Inspectorate has broad powers, which makes its functioning effective. Transparency in the work of environmental inspectorate, clear public inspection procedures, clear procedures for challenging its decisions are factors that balance the interests of the public and business. We hope that the reform of state environmental control in Ukraine will be no less ambitious than the reform of environmental control in the Czech Republic at one time. We hope to see a new pro-European system of state environmental control aimed at preventing violations of environmental legislation and damage to the environment.
For details please contact:
Olena Kravchenko
Olha Melen-Zabramna
Kateryna Polyanska