Strategic Moves - Regional Environmental Center for Central and ...

Enforcement
The proper functioning of environmental infrastructure investment is impossible
without the strong enforcement of legislation. In general, the region is
characterised by insufficient enforcement of environmental legislation and insufficient
imposition of fines, due in part to the weak capacity of the inspectorates
in terms of numbers, knowledge and equipment. Another reason for the
low level of enforcement of legislation in general is the absence of a culture of
enforcement and compliance. The link between the inspectorates and the line
ministries is not always strong enough. The connection between the inspectorates
and the prosecution is weak, and inspectors are rarely trained to carry out
investigations. Additionally, there is a vast body of EU environmental legislation,
and the resources available for inspection fall far short of the laws to be enforced.
Experience in CEE has shown that in the rush to transpose EU legislation, the aspect
of enforcement has often been disregarded. The financial benefits of enforcement
are often vague and difficult to quantify, which means that an
important pressure factor is missing. (For further details on enforcement see
Chapter 5, and on the benefits of enforcement see Chapter 9.)
Institutional
Capacity of central-level institutions
The adoption of the EU environmental acquis will force environmental institutions
in SEE to adapt all their systems for the implementation of the acquis. As the
environment has a prominent role in the EU acquis, governments will have to adapt
national and regional environmental institutions in order to reflect EU priorities.
Based on the experience of CEE countries, it is likely that the current capacity of
the environmental ministries will turn out to be insufficient for the administration of
all the requirements arising from the adoption of the acquis. One of the mistakes
made in CEE countries is the failure to ensure proper human resources planning in
relation to the requirements of the EU acquis. In general, environmental institutions
should significantly increase their staff. However, it is very probable that the ministries
of finance will exert pressure in the opposite direction and push for staff cuts.
The availability of environmental experts in general, and of environmental investment
experts in particular, is of the utmost importance and governments should adapt
university programmes in this direction. They should also take advantage of the available
twinning and other training programmes that draw on the experiences of other
EU member states to improve the skills and capacities of their staff.
Communication and coordination
Inter-institutional communication and coordination, as well as the relationship
between the central level and local levels of governance are also areas of critical importance.
(For further details on institutions, see Chapter 5.)
C H A P T E R 3
C H A L L E N G E S T O E N V I R O N M E N TA L F I N A N C I N G I N S E E
S T R AT E G I C M O V E S 61