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9. ENFORCEMENT, SANCTIONS AND MONITORING
Enforcement
The Directive requires Member States to designate CAs. The following reflects the Government's consideration to date.
In principle, the fewer CAs there are, the easier it may be to achieve consistency and, for example, the simpler the cost recovery and reporting aspects will be. Where a body has only a limited role in ELD implementation it may be better to have it in a supporting role and not as a CA. Ideally the CA would have expertise in both the type of damage and the activity which has led to damage e.g.SEPA where there has been water damage by a PPC site. However, this is not entirely necessary if the CA is able to call upon other bodies to exercise their expertise where necessary.
The most relevant players appear to be SEPA, SNH and the Scottish Ministers. Support will be required at times from Scottish Water, Health Protection Scotland, local authorities; Pesticide Safety Directorate; Health and Safety Executive; BERR (offshore processes); Transport Scotland and Department for Transport (including Maritime and Coastguard Agency). Support mechanisms are, to some extent, already in place and available as required under civil contingencies legislation.
Scottish Ministers favour the simplest practical structure with fewer rather than a greater number of CAs. Hence SEPA and SNH might be principal contenders as competent authorities, with the Scottish Ministers taking responsibility for the marine area. Other bodies may fulfil a role as subject matter requires.
Sanctions
There are no penalties in this regime for causing or failing to avert damage. There are penalties for non-compliance with requirements to take action and pay costs.
Monitoring
Article 18 of the Directive requires Member States to report their findings on the ELD regime to the Commission by 10 April 2013 including information and data set out in Annex VI of the Directive. Arrangements for monitoring will be put in place once details of the transposition are completed.
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