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An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste

Cooperation on the enforcement of environmental offences by the Environmental Inspectorate Division. An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste. HD. CS. SR. ANT. LIM. EFL. WFL. FBR. Environmental Inspectorate Division - organisation.

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An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste

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  1. Cooperation on the enforcement of environmental offences by the Environmental Inspectorate Division An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste

  2. HD CS SR ANT LIM EFL WFL FBR Environmental Inspectorate Division - organisation • The EID is a division within the Department of Environment, Nature and Energy (LNE) • Vertical Structure: • Head of Division – Robert Baert (Brussels) • Central Service (Brussels) • Supervision of “Severe Risk” companies Service (Brussels) • Local Services (5 provinces) • Supplementary horizontal structure: working groups on air, water, soil and groundwater, noise, waste (incl. TFS), genetically modified organisms (gmo), IPPC

  3. EID – tasks & competences • The EID is solely competent for the enforcement of the Flemish environmental health legislation • The EID does NOT deal with: • the permitting process • infringements of the legislation on land use or spatial planning • infringements of the legislation on nature/forest/… management • police regulations • internal security in companies • direct intervention in policy making

  4. EID – Cooperation at national level • Municipalities • Environmental agencies, e.g. OVAM • On food chain safety • On severe risk companies • Other Belgian regions • Judicial authorities • Waste shipments

  5. EID – cooperation with municipalities • First line supervision in the Flemish region: • Category 1 facilities: EID • Category 2 and 3 facilities: municipalities • Current situation: cooperation agreement between the Flemish Region and the municipalities (2008-2013) as an incentive for enforcement by municipal inspectors. • EID maintains regular contacts with the municipal inspectors. EID offers the necessary support if requested in the solution of problem cases. • Current situ

  6. EID – cooperation with agencies / OVAM • May 2006: the task of enforcing waste shipments was transferred from OVAM to EID. • Enforcement powers on waste shipments: • EID: very broad, including all waste related legislation in the Flemish region • OVAM: restricted to take-back systems, household waste, ship waste, … • Division of tasks: collaboration protocol between EID and OVAM on enforcement tasks, exchange of information, …

  7. EID – cooperation on Food Chain Safety • Animal By-Products Committee: established in 2006 to monitor the proper implementation of the agreement on animal by-products. • Members: • Federal Agency for the Safety of the Food Chain • FPS Public Health, Safety of the Food Chain and Environment • Flemish Region: OVAM – VLM - EID • Walloon Region: DPC – SDS • Brussels C. Region: LeefmilieuBrussel

  8. EID – inspection of severe risk companies • June 21st 1999: Cooperation Agreement on the prevention of serious accidents (SEVESO inspections) • Inspection teams made up of: • Regional environmental inspectorate (EID) • FPS Employment, Labour and Social Dialogue (WASO) – Division for the Supervision of Chemical Hazards

  9. EID – cooperation with other Belgian regions Example of the cross-regional odor problem in Rollegem (Kortrijk – FL) caused by an industrial estate situated in the north of Mouscron in Wallonia (since 2004). EID determined the impact of the odor in Rollegem, and the DPE took targeted actions on the basis of these results. The impact of the odor after remediation was evaluated through an environmental study and sniffing team measurements.

  10. EID – cooperation with the judicial authorities • Consultation at the level of the judicial districts at the level of the EID local services: • Toachieve a more efficient follow-up inspection • Toprovidetechnical expertise • Specific dossiers as well as structured cooperation • Judicial trainees: • Apprenticeshiptoprepareanappointmentto the magistracy • Training at the EID local services tolearnabout on-site inspections

  11. EID – participation in regulatory initiatives • Subject-matter input on existing or upcominglegislation: feedback from the reality in the field • Input on the enforceability of legislation: • VLAREM II (2007, 2008, 2011) – update of the Flemishlegislation on facilitieswithenvironmental permit requirements • Implementation of the Mining Waste Directive 2006/21/EC • Implementation of the Waste Framework Directive 2008/98/EC

  12. EID – International cooperation / IMPEL • EU Network for the Implementation and Enforcement of Environmental Law. • Established in 1992, registered in Belgium, with its legal seat and secretariat in Brussels. • EID participates in: • The General Assembly • Clusters: • I: Permitting, Inspections & Enforcement • II: Transfrontier Shipment of Waste (TFS) • III: Better regulation

  13. EID – International cooperation / other INECE: International Network for Environmental Compliance and Enforcement Dioxin: International Symposium on Halogenated Persistent Organic Pollutants MJV: Mutual Joint Visits Programme on Inspections under the Seveso II Directive ECHA (European Chemicals Agency) Forum: coordination of a network of MS authorities responsible for the enforcement of the REACH Regulation

  14. Cooperation for Transfrontier Shipments of Waste • Overview: • The Waste Shipment Regulation (“WSR”) • Enforcement in Belgium by competent authorities (“CA”) andothergovernmentbodies • Cooperation Agreement (“agreement”) • (legal) background • Members • Content + examples

  15. Waste Shipment Regulation • Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste - applicable since 12 July 2007 • Most remarkable obligations: • Notification for transport of hazardous waste • Traceability information on non-hazardous waste • Enforcement tasks, art. 50: • Inspection of facilities and shipments • Bilateral or multilateral cooperation

  16. Enforcement of the WSR in Belgium • 4 competent authorities • Flanders: OVAM & EID • Wallonia: DSD & DPC • Brussels C. Region: Leefmilieu Brussel • Belgian Federal State (waste transit): FPS H-SFC-E - & FEI • Police: part of its general task, investigation • Customs: stop function during import/export • Others: • Environmental inspectors at municipal level: particular enforcement powers • Port captain services: safety in port areas

  17. Cooperation agreement - background • Jan 1st 1993: EU common market and fall of customs barriers  surplus of customs officers • 1993: 4th reform of the Belgian State • Competence on import and export is transferred from the federal state to the regions • Competence on transit of waste remains at the federal level • May 6th 1994 first WSR no 259/93 applies  for transit of waste, only one competent authority per member state is allowed

  18. First cooperation agreement (1994) • Special law of 08.08.1980, changed by special law of 16.07.1993: governments are compelled to cooperate on the matter of TFS • 26.10.1994: cooperation agreement between the Belgian Federal State and the Regions on the coordination of policy regarding import, export and transit of waste • signed, but never passed the parliaments • transfer of database with notifications to regional level (OK) • financial settlement for the ex-customs agents (OK) • coordination group for inspections (NOK)

  19. Incentive for an update of the cooperation agreement • February 2009: broadcast on Belgian national television on the export of WEEE to Africa, mentioning the port of Antwerp as a “turntable” • Hearing session in the Environment Committee of the Flemish Parliament  Resolution 2176 of 30.04.2009: • Maximum cooperation between enforcers • Port authorities should take their responsibility • Participation in the INECE SESN • …

  20. Update of the cooperation agreement (2009-…) • 2009: negotiations with the following partners: • All Belgian competent authorities • Police • Customs • Attorney General • Ministry of Justice • 2010: adoption of the text by: • (extended) Interministerial Conference for the Environment • Federal and Flemish government • 2011: signatories by all ministers

  21. WSR agreement - content • Definition of the parties involved, and their tasks: • Police • Customs • Competent authorities • Scope: all inspections on TFS • Principle of mutual support • Information exchange • Employment of ex-customs officers • Administrative handling of notifications • Formal collaboration with 3rd parties • The coordination group and its specific tasks

  22. WSR agreement – principle of mutual support • Expertise in training on waste shipment related topics • Participation in each other’s technical trainings • Set up of an 24/24 phone permanence for advice on and reporting of suspicious waste shipments • Mutual technical support • Collaboration in the development of supportive materials (guidelines, brochures, …) • Physical participation in each other’s inspections

  23. WSR agreement – information exchange • Set-up of a database with notifications, accessible for all inspection bodies • Principle of free exchange of information, with the exception of data that are part of criminal files: • operational information on ad hoc cases • information for purpose of analysis • Set-up of a unique system for the gathering and analysis of strategic information on illegal waste shipments • Joint reporting to the European Commission

  24. WSR agreement – information exchange / example • EID project P654: yearly analysis of customsdeclarations of waste export. • EID receivesan extract of allCustomsdeclarationsrelatedto waste in the previousyear • Analysis: list of “suspicious” declarations forinternaluse + copy toJudicialPolice • Inspection of the listed companies by EID • Feedback to: • Customs: risk basedinspection of futuredeclarations • Prosecutor: infringements

  25. WSR agreement – tasks of the coordination group / 1 • Developpingprocedures for the inspection of shipments, including: • execution of competencesby different enforcementbodies • directinginspectionsto high risk waste streams • Examples: • standard reports fromCustomsto CA • procedures forinspection of WEEE at port terminals (in cooperation with port authorities)

  26. WSR agreement – tasks of the coordination group / 2 • Developping procedures fordetectionandinvestigation of illegal shipments • e.g. risk-baseddetection of export shipments at Customs level • Developping procedures forprosecution of illegal shipments • e.g. in relationto the handling of simultaneousoffensesagainstCustomsregulations (non bis in idem)

  27. WSR agreement – tasks of the coordination group / 3 • Input forregulatoryinitiatives • Discussion on changes of andinterpretation of regulationsrelatedto TFS enforcement • e.g. the continuous update of the annexes of the WSR • Discussion on draft regulations on transit of waste • e.g. the current update of the Law of 9 July 1984 on the import, export and transit of waste

  28. WSR agreement – tasks of the coordination group / 4 • Harmonizing the administrativeandjudicial handling of different degrees of offensesagainst the WSR. • Coordinating the exchange of information • e.g. CA’sadvice on Customs AOC certificates • Discussing the collaborationwiththirdparties

  29. WSR agreement – structure of the cooperation group • Members (appointedbytheir ministers): • 4 CA (policy + enforcement) • Ministry of InternalAffairs (at least 1 Police) • Ministry of Justice • Attorney General • Customs • Operation: • At least 4 meetings per year • Rotatingpresidency • Internalregulationsyettobedrafted

  30. More national cooperation in the field of TFS • Waste Project Antwerp: • initiative of the office of the public prosecutor in Antwerp • integrated approach to the problem of illegal waste export • members: public prosecutors of Antwerpand Dendermonde, andallenforcementbodiesinvolved in the inspection of waste shipment in the port of Antwerp • Police-OVAM-FEI: regularevaluation of the collaboration on waste transport inspections

  31. IMPEL – TFS (Cluster II) • Activities: • “on site” inspection projects • procedures forinspections, harmonizedimplementation of the law • Base Camp (blog) • Organisation: • approval of projects’ budget: IMPEL GA • Steeringcommittee: working plan, representation • National Contact Points • yearly conference: open to CA, police, customs, judicialauthorities

  32. EID participating in IMPEL – TFS projects • Enforcement actions project (2006-2011): • transport + company inspections during limited inspection periods (EU-wide) • exchange of inspectors with other member states • WEEE project (2009-2011): evaluating the enforceability of the WEEE directive, using a tool developed by Cluster III • ELV project (2006-2008): harmonizing inspections on the export of End-of-Life-Vehicles • Waste Sites project (2011-2012): methods for administrative inspections at waste producing/recycling sites

  33. More international cooperation in the field of TFS • INECE (International Network for Environmental Compliance and Enforcement): • participation in international conferences • member of the Seaport Environmental Security Network since 2010 • China and Hong Kong: • frequent and standardized information requests on Chinese recycling facilities (application of WSR art. 49.2) • visit by Chinese EPA in October 2010 • Surrounding member states: • ad hoc, on specific cases • on the (technical) execution of inspections

  34. The results of cooperation on TFS • Succes on TFS enforcementdepends on: • detection of illegal cases • administrative & judicial follow-up of illegal cases • Detection of illegal shipments dependshighly on: • goodtargetting • information exchange between CA andotherenforcementbodies

  35. Thank you for your attention Bart Palmans Department of Environment, Nature and Energy Environmental inspectorate Service Head Service - Brussels

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