Session 4. International and EU Policies. Themis Network 2 nd SRT on Transboundary Shipment of Waste and Port Inspection. Dr.

Transcription

1 Session 4 International and EU Policies Themis Network 2 nd SRT on Transboundary Shipment of Waste and Port Inspection Bar, Montenegro, April 2016 Creating values through compliance Dr. Henk Ruessink NL Focal Point for INECE Environment and Transport Inspectorate Ministry of Infrastructure and Environment The Netherlands

2 content Introduction Basel Convention 1. EU Waste Shipment Regulation 2. Illegal operation and drivers 3. Examples and 4. Creating values through compliance

3 International environmental policies The international community responded to environmental issues and scandals by negotiating international treaties with policies to counteract and prevent such detrimental phenomena. These treaties/agreements/conventions/protocols are, on one hand, the end of long international negotiation processes, on the other hand, they are only the beginning of a solution. 3 It is crucial that the treaties are transposed into national legislation that is actually implemented.

4 International environmental policies Multilateral Environmental Agreements E.g.: Conventions of Montreal/Vienna (ODS), Rotterdam (haz. chemicals), Stockholm (POPs) CITES (flora&fauna), Marpol (marine pollution), Basel (hazardous waste) Some quite successful, others largely failing 4 National implementation often weakest aspect

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6 the Basel Convention Official name: The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Into force in1992, after waste dumping scandals in 70s/ 80s; Objective: protect human health and the environment against the adverse effects of hazardous wastes; 6 Parties: most countries of the world (183), some did not ratify... creating value through compliance Montenegro is party to the BC

7 the Basel Convention Provisions of the convention: Environmental sound management (ESM) of hazardous waste; Restrictions on exporting hazardous waste; Regulatory framework of prior notification and consent of transboundary movement of waste; Requirement to take back illegally exported waste; Cooperation between parties; Secretariat function with UNEP; Regional centers (14) for training and technical expertise 7

8 the Basel Convention Requirement of prior notification and consent (Article 6) Imports, transits and exports of wastes that fall under the Convention are only permitted after all involved Parties have given their consent before the transport of the waste is started. 8

9 the Basel Convention What is illegal waste movement? (Article 9) Any transboundary movement of wastes: Without notification to all countries concerned; Without consent of a country concerned; With consent obtained from contrie(s) concerned through falsification, misrepresentation, or fraud; That does not conform in a material way with documents; That results in deliberate disposal (e.g. dumping) of wastes; 9 Basel Convention Parties are required to consider illegal traffic as a crime and to take appropriate action

10 the Basel Convention Implementation of BC in European Union: REGULATION (EC) No 1013/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2006 on shipments of waste Commonly know as: European Waste Shipment Regulation 10

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12 European Waste Shipment Regulation Titles of the EU WSR: 12 I. Scope and Definitions II. Shipments within the Community with or without transit through third countries III. Shipments exclusively within Member States IV. Export from the Community to third countries V. Imports into the Community from third countries VI. Transit through the Community from and to third countries VII. Other provisions Annexes

13 European Waste Shipment Regulation Scope & Application of the EU WSR (Article 2) The EU WSR stipulates procedural and control & inspections requirements for waste shipments. The applicable regimes depend on: the origin, destination and route of the shipment; the characterisation of the waste shipped; the type of waste treatment to be applied at its destination; 13

14 European Waste Shipment Regulation Scope & Application of the EU WSR The following shipments fall under the regulation: Between MS (also if via third countries) From third countries into EU From EU towards third countries Between third countries via EU countries 14

15 European Waste Shipment Regulation Scope & Application of the EU WSR The regulation excludes some wastes... Specific wastes, e.g. radio active waste, certain animal by-products, waste from operation of ships, waste moved domestically in MS Waste generated during sitations of crisis, peacemaking or peacekeeping and shipped by relevant forces or relief organisations 15

16 European Waste Shipment Regulation Important definitions (Article 2) - Waste (based on WFD) - Operations of disposal and recovery (based on WFD) - Shipment operations - Environmentally Sound Management (ESM) - Governmental actors, e.g. competent authorities, customs - Business actors, e.g. producer, holder, dealer, brooker, notifier - Illegal shipment (similar to BC) 16

17 Waste annexes to the WSR Green Amber Export prohibitio n (art.36) Annex III Annex IIIA Annex IIIB Annex IV Annex IVA Annex V Courtesy H. van Westen Mixtures of green listed waste Unclassified waste Part 1: Annex IX BC Part 2: Additional OECD codes Annex III waste subject to PIC Part 1: Annex II and VIII BC Part 2: Additional OECD codes Part 1: * List A: Annex VIII BC > export prohibition * List B: Annex, Annex IX BC > no export prohibition Part 2: European list of waste 2000/532/EC Part 3: * List A: Annex II BC * List B: Appendix 4, part II of the OECD Decision Only check part 2 and 3, if the waste is not in part 1!

18 Regime between EU Member States Waste for disposal Waste for recovery Courtesy H. van Westen Annex III Green list Non-hazardous G-Codes (OECD) B-Codes (Basel) Annex IV Amber list Hazardous waste A-Codes (OECD) A-Codes (Basel) Unlisted waste 18 Notification Information article 18 (annex VII) Notification

19 European Waste Shipment Regulation Requirements for Green Listed Waste (Article 18) Refers to waste streams in Annex III, IIIA or IIIB, and Small waste samples for laboratory assessment 19 Shipment needs information document as given in Annex VII Document to be signed by the organising person before the shipment takes place and by the recovery facility or the laboratory and the consignee when the shipment is received Contract must be in place

20 20 Annex VII Document

21 European Waste Shipment Regulation Procedures for Notification process 1. Notification Exporter/notifier sends required documents to competent authority (CA) of dispatch [notification and movement docs (Annex IA and IB), supporting information (e.g.contract, insurance, bank guarantee)] Assessment CA assesses package (3 working days) and sends notification to CA of transit and destination. CA of dispatch and destination have 30 days to accept or reject shipment.

22 European Waste Shipment Regulation Procedures for Notification process (ctnd) 3. Shipment of the waste If all written consents and financial requirements are in place. Exporter notices all CA s and receiver 3 w.d. before the actual shipment. Required documentation must stay with the waste at all times Processing of the waste At arrival, complete paperwork; send to notifier and all CA s within 3 w.d. After recovery/disposal of the waste, within max. 30 days complete paperwork, and copy to all CA s and notifier

23 Export of waste to third countries Export of waste for disposal Export of waste for recovery Courtesy H. van Westen 23 Prohibited, except to EFTA Countries that are also party to the Basel Convention Prohibited in case of hazardous waste or not ESM treatment To non-oecd Depending on the response of the importing country for non-hazardous waste (Annex III + IIIA) To OECD In principle allowed either with annex VII or with PIC

24 Export of non-hazardous waste to non-oecd countries Based on EU Regulation 1418/2007, the EC sends a written request to each non-oecd country, seeking: 1. confirmation in writing that the waste may be exported from the Community for recovery in that country, and 2. an indication as to which control procedure, if any, would be followed in the country of destination. 24

25 Export of non-hazardous waste to non-oecd countries The outcome of this consultation process could be: (a) a prohibition; or (b) a procedure of prior written notification and consent; or (c) no control in the country of destination (just art.18 information), or (d) other control procedures in the country of destination 25

26 When are shipment of waste deemed illegal? According to EU WSR in article 2 (35): Without notification; 2. Without consent; 3. With consent obtained through falsificaton or misinterpretation; 4. Not in accordance with the accompanying papers; 5. Resulting in recovery or disposal in contravention to international or Community rules; 6. Contrary to articles stipulating certain prohibitions; 7. Not in accordance with the requirements of article 18;

27 Drivers behind illegal waste trade (1) Proper management and treatment of waste is expensive Legislation on waste management is of complex nature definitions and interpretations not always clear/same Waste / secondhand good / product? Legislation and its implementation in countries differs Different approaches, priorities, expertise/capacity for controls; Insufficient coordination and collaboration of authorities; At local, regional, national and international levels International investigative procedures are tedious/difficult Limited chance of detection of illicit operations by authorities Deterring sanctions after detection are rare

28 Drivers behind illegal waste trade (2) Complex chain of actors around export/import Transportation costs are modest Demand for recycled/secondary goods and materials Weak/lacking legislative structures in destination countries Low transaction costs in countries of destination Seemingly victimless type of offences ( white collar crime ) For illegal operator: limited risks high revenues

29 How we as inspectors are cheated (1) Via documentation Not following the notification/consent documents Deliberate and accidental mislabeling New goods, second hand goods Non-hazardous materials Generic / Non-specific labeling of waste Falsifying certificates indicating the state of the good 29

30 How we as inspectors are cheated 2 Via packaging Mixing legal and illegal goods Shipment with 100 broken TVs hidden among 200 working TVs discovered in Germany bound for Ghana Concealment Hiding broken electronics within secondhand vehicles Hiding waste towards rear or center of container 30

31 International and EU Policies Some Examples & Small Test 31 creating value through compliance