IES Policy Forum

Albert Klingenberg provided an overview of the activities of the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) Cluster on Transfrontier Shipments of Waste (TFS). The enforcement of the EU Waste Shipments Regulation (WSR) is a high priority for the Dutch Environment Ministry (VROM). For effective enforcement of the WSR it is important for VROM to cooperate with other enforcers, police and customs officials. At the Rotterdam port, 10 million containers are handled every year. Since May 2008, IMPEL is a non-profit association comprising about 32 country members. The European Commission supports the work of IMPEL. The main aim of the network is to exchange information and experiences, and to develop best practices and guidelines in order to generate greater coherence and effectiveness in WSR enforcement across Europe. The IMPLE-TFS cluster conducted a joint enforcement project, which included coordinated inspections, verifications and communication. The project started in November 2006. Mediterranean countries were rather underrepresented in this project. The project revealed that about 1/6 of all transportation in Europe is waste-related. 15% of these waste-related transports are in violation with the WSR whereby 6% are illegal traffic and 9% are merely administrative violations. Most shipments are waste of electronics, then end-of-life vehicles, plastics, and metals. Mr Klingenberg stressed that the exchange of inspectors between the different European inspectorates is an important aspect of the work of IMPEL because this generates good transfrontier working relations and provides the basis for common approaches to enforcement.
He announced that the enforcement project I was a success. A number of violations of the waste shipments rules were detected. The project has shown that the enforcement of the WSR is not (yet) institutionalised. Critical factors are political awareness, resources such as time, budget and staff, the organisation of and coordination between enforcement authorities (which are in some countries very fragmented), communication and cooperation between enforcers themselves and with police and customs officials, and a common interpretation of the regulation and its definitions. A second enforcement action project was started in October 2008, coordinated by The Netherlands. Furthermore, there is an enforcement initiative at the global level, the so-called Informal Network for Environmental Compliance and Enforcement (INECE).

Following Mr Klingenberg’s presentation, the chair Harri Kalimo gave the floor to Roberto Ferrigno who provided insights in the issue of waste shipments mainly based on his past experience from working with Greenpeace and from his home country Italy. A 2006 Greenpeace report showed that about 80% of shipments of electronics, that were declared as ‘reuse’, were actually waste. Being Italian, Mr Ferrigno pointed out that many problems that Italy faces with the enforcement of the WSR are linked to the decentralization of enforcement competences. 22 regional environmental agencies are in charge of the WSR. Inspections are very rare. Therefore, at the EU level, the European Parliament called for a common set of rules for inspections as to their frequency and quality. Mr Ferrigno linked the fact that there are still many problems with enforcing waste shipment rules to the lack of political will. In most countries there is no or not enough political will to pay enough attention to the enforcement of the WSR leaving room for illegal shipments of waste.

In the ensuing discussion, it was pointed out that there is a north-South divide, which can only be remedied by addressing the lack of resources, the lack of coordination and the lack of political will to enforce waste shipment rules. Efforts at the EU level to check on enforcement and possibly to incite countries to step up their enforcement efforts were considered crucial by some commentators. From the discussion it became clear that it is a very difficult task to enforce EU laws such as the WSR, the WEEE and the ELV Directives. Definitions and interpretations of the laws vary between EU Member States and make transfrontier coordination and industry compliance efforts challenging. Furthermore, it was stressed that the notification procedure under the Basel Convention is very slow and could be considered an incentive for illegal activities, namely declaring waste as ‘reuse’.