AmbienDura » Enforcement

CALL FOR COMMUNITY ENVIRONMENTAL INSPECTION FORCE

nancy — Wed, 27 Aug 2008 21:49:09 +0000

By a motion for a resolution and a parliamentary question, a key member of the European Parlement urges the European Commission to take firm measures to ensure a good and even enforcement of environmental laws throughout the European Community.The European Commission has been reviewing the “Recommendations on minimum criteria for environmental inspections”. In its conclusions, the European Commissions identified that still large disparities exist in the way environmental inspections are carried out by the Member States, that the recommendations are inadequate and that they do not cover all pieces of environmental legislation.

As environmental policy aims can only be reached by a full implementation of the rules that are developed to protect the environment, the European Parliament asks for stronger and legally binding tools to ensure an effective enforcement of those rules.

One of the suggestions is the establishment of a Community Environmental Inspection Force and the strenghtening the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL).

Portuguese Environmental Inspectorate tightens controls on illegal export of electronic waste

nancy — Mon, 14 Jul 2008 14:09:20 +0000

Huge quantities of electronic and electrical waste are exported to Asian and African facilities, where they are treated under conditions potentially harmful to human health and the environment. In Portugal still unknown numbers of waste electrical and electronic equipment (WEEE) are leaving the country illegally, but the Inspectorate General of the Environment and Spatial Planning (IGAOT) promises to take up this matter.

To respond to this situation, “we are investigating the shipments, the amount and waste streams concerned “responds Mario Grácio, inspector director of the inspection unit responsible for waste management. “There are many indications that the WEEE passes national borders illegally”, confirms the inspector, warning that the difficulty that exists in differentiating between WEEE and second-hand equipment.

Cooperation is sought with the Portuguese Environment Agency and the Directorate General of Customs, when it comes to shipments going though ports. On land, the Office for the Protection of Nature and the Environment, the SEPNA/GNR, is a major ally. “Above all we want to alert the various entities for this reality” explains Mário Grácio. For example, containers of WEEE have been detected in the port of in Rotterdam from Portugal, which did not meet the requirements of the law. But also imports of waste occur, as recently shown by a detected import of batteries from Cape Verde.

Click here for the full story at ambienteonline.pt (in Portuguese).

Still no uniform enforcement of waste shipments in the EU

nancy — Mon, 07 Jul 2008 16:18:14 +0000

A recently published report by the IMPEL TFS network, discloses big differences between EU member states regarding the implementation and enforcement of rules for waste shipments. Controls carried out during the Enforcement Action I project in 25 countries, reveal that 15% of the inspected waste shipments were in non-compliance with EU legislation. Recommended is therefore to continue with coordinated inspections at EU level, with support from the European Commission, and to create more political support for the work of the inspectors and enforcers. The final report can be viewed here.

Previous IMPEL TFS reports, such as the Seaport and Verification projects, also showed high levels of non-compliance. Results of inspections however depend on various things, such as type, location and time of inspection and if they are ad-random or targeted. Nevertheless, these results again proof the need for a coordinated EU-wide strategy, involving all EU member states and authorities and a set of minimum criteria if one really wants to tackle illegal movements of waste and create a level playing field for all involved players.

At EU level the same rules, laid down EC Regulation 1013/2006, apply in each member state. The enforcement of these rules is however the responsibility of the individual country, which at the moment results in differences between the countries. Also the low priority for controlling waste shipments, results in lack of resources, experiences and cooperation between involved authorities.

New initiative against illegal transboundary movements of hazardous waste

nancy — Tue, 15 Apr 2008 12:17:51 +0000

From 7 to 11 April, the 8th conference of the INECE network was held in Cape Town, South Africa. More than 200 participants from 60 developing and developed countries gathered to discuss compliance and enforcement matters concerning environmental provisions. Laws and agreements developed to protect the environment and human health have no effect, when they are not properly implemented and enforced.
Experience has shown that enforcement has a much lower priority than developing policy and laws, even though enforcement is required to close the regulatory cycle. Obviously enforcement is not the only tool to make individuals and enterprises comply with provisions. Compliance assistance tools such as information, incentives, clear communication, web-based tools and subsidies can also support a higher compliance rate with the regulations. Nonetheless, enforcement is also important but apparently not politically attractive.
Ms Nancy Isarin from Ambiendura attended the INECE conference and presented the Seaport Network Initiative. An initiative to bring together inspectors and officials active in ports all over the world involved in inspecting and tracing illegal movements of hazardous waste that are shipped through ports. Despite the fact that international, regional and national regulations exist to prevent illegal movements and environmentally unsound treatment of waste, little is known about the percentages of illegal waste movements.

Separate studies and projects however, report alarming high numbers of illegalities. Until now it has been extremely difficult to get sufficient resources for inspections and enforcement actions and to get countries and organisations collaborate on this issue. The initiative was supported by the group. Next steps will be prepared to establish this Seaport Network, involve key regions and partners, developed a strategic paper and a toolkit and agree upon concrete actions.
Click here and here for more information about the Seaport Network.

European Enforcement Network IMPEL signs cooperation agreement with the Basel Convention

nancy — Thu, 07 Feb 2008 22:49:40 +0000

To strengthen the cooperation, IMPEL and the Basel Convention signed a Memorandum of Understanding on the 6th of February in Geneva. The agreement contains a number of activities regarding the enforcement of transboundary movements of waste regulated by the provisions of the Basel C onvention. Besides the exchange of information and best practices, training activities and joint projects are foreseen. One of the priority areas is to join forces related to monitoring and enforcing shipments of WEEE (waste of electrical and electronic equipment) from the European Union to developing countries.

Click here for the press release.

Environmental enforcement not politically attractive

nancy — Mon, 10 Sep 2007 22:18:41 +0000

Policies, conventions, strategies, regulations and directives, all drafted to improve and protect the environment and human health. At least, when executed and enforced. Why would we otherwise produce all these papers?

It is all part of the regulatory chain. Simply said: a problem occurs, a policy is developed and legislation is drafted which is then implemented and monitored. The results of this monitoring are given back to the policymakers to evaluate if the correct strategy has been developed and the problems are tackled. Although nowadays everyone speaks about the importance of enforcement, it is still difficult to get sufficient attention. Attention which should lead to proper resources for effective implementation and enforcement.
Ambiendura recently attended an international environmental meeting where it was stated that enforcement is not ‘politically attractive’. It is difficult and doesn’t make you popular as a politician. The question is whether new and more rules do make you popular. Enforcement effects enterprises, but this does not have to be seen as something negative. As long as it is equal and coordinated. Preventing environmental disasters by inspections, does not seem to count as a (political) success; unfortunately, because that sounds very attractive.

Meeting discusses Enforcement and Shiprecycling

nancy — Mon, 03 Sep 2007 13:07:42 +0000

This week the Open-ended Working Group of the Basel Convention meets in Geneva. The agenda comprises items such as the challenge of enforcing the provisions of the Basel Convention, the level of controls regarding ship recycling and compliance.

Elaborating further on the topic of Compliance: Detecting illegal traffic of waste and related enforcement seem to become higher priorities within the various institutions and countries. One could think of enforcement in terms of controls and inspections. This is just one part of the chain. What happens when a case of non-compliance is detected? A criminal and / or administrative investigation, prosecution, sentences. Complex and long-term procedures often follow which require detailed and technical knowledge of environmental legislation by inspectors, prosecutors and judges. The Basel Secretariat has proposed to develop an instruction manual on the prosecution of illegal traffic of wastes. A request for comments was placed on their website. Comments have been received from Canada, Mexico, Pakistan and the United States of America. How should this be interpreted? As a low response? In Europe more and more cases regarding illegal shipments of waste are prosecuted and experiences are gained. Why didn’t they respond? Other nations could learn from their experiences. It could be that enforcement does not still have the priority it should have; especially in terms of capacity and resources.

Vessel “Beni Ansar” blocked at Spanish port

nancy — Thu, 30 Aug 2007 23:50:30 +0000

The Spanish environmental authorities have stopped the passenger vessel ‘Beni Ansar’ from departuring to a shipbreaking yard at one of the beaches in India. The presence of hazardous materials such as oil, fuel, batteries and chemicals at the vessel, have stopped it from its final journey (article).

Transboundary movements of hazardous waste are regulated by provisions laid down in the Basel Convention. Export of hazardous waste from Europe to a non-OECD country is prohibited according to the so called Basel-Ban.

It is not the first time ships are prevented from setting sail to scrapping yards in India and Bangladesh. The Dutch authorities dealt with the Sandrien, the French with the Clemenceau and Norway had its SS Norway.

In these cases various problems arise. First the classification of the vessel: should it be classified as a waste or not? In case of waste, the next question is if it concerns hazardous waste. That would imply it is not allowed to be exported. But then what? Current dismantling capacity in Europe is limited and not able to deal with big vessels.