{
  "url": "https://openlegislation.uk/eu-decision-2020-248/annex/part-C/division-2/division-2.2",
  "json_url": "https://openlegislation.uk/eu-decision-2020-248/annex/part-C/division-2/division-2.2.json",
  "legislation": "eudn/2020/248",
  "legislation_title": "Commission Implementing Decision (EU) 2020/248 of 21 February 2020 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of the European Parliament and of the Council (notified under document C(2020) 889) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2020-248",
  "path": "annex/part/C/division/2/division/2.2",
  "kind": "division",
  "number": "2.2",
  "heading": "Routine inspections",
  "text": "The following shall be taken into consideration:\n(a)the carrying out of routine inspections at regular intervals based on an appropriate risk assessment of the waste facility concerned;\n(b)an adequate frequency of site visits based on an appropriate risk assessment of the waste facility concerned, reflecting also the potentially higher risks of Category A facilities;\n(c)the application of the following criteria for the risk assessment of the waste facilities:\n(i)the potential and actual impacts of the facilities concerned on human health and the environment, taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents as further specified in Best Available Technique (BAT 5) of the BAT Reference Document for the management of wastes from the extractive industries (MWEI BREF);\n(ii)the previous compliance record;\n(iii)the participation of the operator of the waste facility in the Environmental Management System (EMS) as further specified in BAT 1 of the MWEI BREF;\n(d)the noting by the inspector, where appropriate, of relevant findings of inspections carried out under other applicable ... legislation;\n(e)the provision to the operator, when site visits are announced in advance, of the visit schedule and details of the information, and any other assistance, that the operator will be requested to provide;\n(f)in the event of detection of non-compliance or a risk to compliance, the carrying out of an investigation and, as appropriate, the sharing of the results with other authorities, in particular with a view to:\n(i)providing a description of the non-compliance or compliance risk, clarifying its causes and impact on the environment and human health, and in particular clarifying the circumstances (including the persons) which led to non-compliance;\n(ii)providing a factual base to facilitate and enable appropriate responses to address the detected non-compliance and prevent future non-compliance, including, as appropriate, additional inspections, corrective measures by the operator, update of permit conditions, suspension of the permit or use of sanctions;\n(g)in the event of the suspension of the operation of a waste facility because of non-compliance with permit conditions, the undertaking of further inspection activities with a view to attaining environmental and other results that the permit conditions were intended to secure.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Annex Pt. C para. 2.2(d) omitted (31.12.2020) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(2), 17(7)(c)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "http://eippcb.jrc.ec.europa.eu/reference/BREF/jrc109657_mwei_bref_-_for_pubsy_online.pdf"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2020/248/annex/part/C/division/2/division/2.2",
    "retrieved_at": "2026-11-01T15:12:22.808630+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}