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OECD - Regulatory Enforcement and Inspections in the Environmental Sector of Peru

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OECD Regulatory Enforcement and Inspections in the Environmental Sector of Peru
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Regulatory Enforcement and Inspections in the Environmental Sector of Peru
Please cite this publication as:
OECD (2020), Regulatory Enforcement and Inspections in the Environmental Sector of Peru , OECD Publishing, Paris, https://doi.org/10.1787/54253639-en .
Metadata Legal and Rights ISBN 978-92-64-94728-3 print - - photo 2
Metadata, Legal and Rights
ISBN: 978-92-64-94728-3 (print) - 978-92-64-45058-5 (pdf) - 978-92-64-79483-2 (HTML) - 978-92-64-97943-7 (epub)
DOI: https://doi.org/10.1787/54253639-en
This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
Photo credits: Cover Africa Studio/Shutterstock.com.
Corrigenda to publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm .
OECD 2020
The use of this work, whether digital or print, is governed by the Terms and Conditions to be found at http://www.oecd.org/termsandconditions .
Foreword

Regulations are indispensable for the proper functioning of the economy and society. They create the rules of the game for citizens, business, government and civil society. They underpin markets, protect the rights and safety of citizens and ensure the delivery of public goods and services, such as the protection of the environment. The way in which regulations are designed is a major factor in both the quality of the regulatory framework and the outcomes achieved. But how regulations are implemented and enforced, and how compliance with regulatory requirements is assured and promoted, are also critical determinants of whether the regulatory system is working as intended.

The objective of regulatory policy or better regulation, as it is also known in many countries and jurisdictions is to ensure that regulations and regulatory frameworks work effectively in the public interest. Therefore, better regulation programmes should consider and appraise regulatory enforcement and inspection activities.

The Environmental Evaluation and Enforcement Agency of Peru ( Organismo de Evaluacin y Fiscalizacin Ambiental, OEFA) asked the OECD to assess regulatory enforcement and inspections in the environmental sector in Peru. This report provides an in-depth assessment of the institutional framework and current practices carried out in OEFA. It also offers recommendations to enhance the capacity to carry out inspection and enforcement activities that effectively contribute to the achievement of policy objectives in the environmental sector of Peru. The assessment was carried out by comparing OEFA practices with good international practices and best practice principles identified by the OECD, and, in particular, with the OECD Regulatory Enforcement and Inspections Toolkit .

For instance, the Toolkit recommends that regulatory enforcement and inspections should be based on evidence: deciding what to inspect and how should be grounded in data and evidence, and results should be evaluated regularly. In order to boost performance, OEFA should increase the collection, analysis and use of hard data in enforcement and inspections policy in the environmental sector in Peru.

This report recognises the achievements by OEFA in ensuring that the regulatory provisions on environmental protection are enforced effectively. It also offers a roadmap for OEFA to align with international practice and OECD recommendations in regulatory enforcement and inspections.

A draft version of this report was discussed and approved at the 21st session of the Regulatory Policy Committee on 7 November 2019.

Ackowledgements

This report was prepared by the OECD Public Governance Directorate (GOV), under the leadership of Janos Bertok, Acting Director. The review was led by Manuel Flores Romero, Co-ordinator of the programme on regulatory policy in Latin America, and by Daniel Trnka, Co-ordinator of the programme on regulatory management and delivery, both from the OECD Regulatory Policy Division. The report was co-ordinated under the leadership of Nick Malyshev, Head of the Regulatory Policy Division. The team received invaluable comments by the peer reviewers: Mr. Graham Russell, Chief Executive, Office for Product Safety & Standards, United Kingdom; and Gita Sematoviuciutem, then Head of the Business Supervision Policy Division, Business Environment Department, Ministry of Economy and Innovation of the Republic of Lithuania. The main authors are Giuseppa Ottimofiore, international expert on enforcement and inspections, Florentin Blanc, Andres Blancas, Alberto Morales, Gloriana Madrigal, Erik Perez, Daniel Trnka and Manuel Flores Romero from the OECD Regulatory Policy Division. Significant contributions were received from Martha Baxter, Anna Pietikainen, Andrea Uhrhammer, Klas Klaas, and Janos Bertok. Claudia Paupe, Anna Kanjovski and Mariama Diallo lent administrative and organisation support. Jennifer Stein co-ordinated the editorial process.

The review is based on information collected through a questionnaire in December 2018. The review team also held meetings in Lima, Peru, in March, April and July 2019, as well as in Cuzco and Truijjo, Peru, in April 2019, with a wide range of stakeholders, including government officials from several ministries and government agencies, representatives from the academia and business community, and experts in regulatory enforcement and inspections, and environmental topics.

A draft of the report was discussed in a meeting of the OECD Regulatory Policy Committee in November 2019. Thanks are extended to all delegates for their input and comments.

The OECD thanks the Environmental Evaluation and Enforcement Agency of Peru (OEFA), in particular Ms. Tessy Torres, President of the Board of OEFA; Karina Montes, Senior Advisor to the President of OEFA; and Mauricio Gonzalez, Head of the Office of Institutional Relations and Citizen Services.

Valuable information was provided by the teams of the Directorates of Supervision, Inspections, Assessment, and Policies and Strategies of the OEFA, as well by the advisory and support bodies, led by the General Manager, Miriam Alegria

The comments and experience from stakeholders of the private sector represented a useful input for this report. The OECD appreciates the participation of the public entities that participated, especially the Ministry of Environment and its affiliated bodies.

Abbreviations and acronyms

ANA

National Water Authority

Autoridad Nacional del Agua

CEPLAN

Nacional Centre of Strategic Planning

Centro Nacional de Planeamiento Estratgico

COFEMA

Coordination of Specialised Prosecutor's Offices for Environmental Matters

Coordinador en Fiscalas Especializadas en Materia Ambiental

DAA

Declaration of Environmental Suitability

Declaracin de Adecuacin Ambiental

DCCAE

Department of Communications, Climate Action and Environment

Departamento de Comunicaciones, Accin Climtica y Medio Ambiente

DHPLG

Department of Housing, Planning and Local Government

Departamento de Vivienda, Planificacin y Gobierno Local

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