on-site training workshop on prevention and control of...

On-site Training Workshop on Prevention and Control of

Illegal Transboundary Movement of Wastes

Hai Phong, Vietnam

August 26-27, 2013

世界海关组织亚太地区情报联络中中心

Regional Intelligence Liaison Office for Asia and the Pacific (RILO) World Customs Organization (WCO)

王亮 Wang Liang 情报分析员Intelligence Analyst

[email protected] Cellphone: 13820201498

mailto:[email protected]

Role of the Customs

Introduction to Demeter III

Result of Demeter II

Sky Hole Patching Project

Analysis of Seizures in CEN

Threat:

(1) Environmental disruption--- Pollution of soil and water systems, emission of greenhouse gases, depletion of Ozone layer, negative impact on marine and forest ecosystem

(2) Negative impact on human health---toxic chemicals and wastes affect immune, respiratory and digestive, etc.

(3) Socio-economic impoverishment--- Increased costs of public health, reduced agriculture productivity, exploitation of disadvantaged community

(4) Transnational Organized Crime in East Asia and the Pacific (2013),UNODC--- annual income of illicit market in the region is estimated to be around 90 bn. USD including drug-related crime, IPR infringement, environmental crime and crimes against people; EC accounted for 25%, and illegal trade in e-waste to East Asia and the Pacific region is estimated 3.75bn USD annually.

Why the Customs---Role of Customs in the campaign Implementing a wide range of national policies for which

other government ministries and agencies have policy responsibility, such as revenue, commerce, IPR and EPA;

Being entrusted with enforcement and regulatory responsibility at the point of importation and exportation;

International responsibility, implementation of MEAs and other international agreements ratified by respective government

Safeguard security, national security, economic security and ecological security as well.

Initiated by WCO Secretariat with endorsement of enforcement committee

March 23 to May 11, 2009

65 members participated

Reported seizures 86

46000tons and 1830 pieces interdicted in Africa, Asia and the Pacific and Europe

Goddess of Earth, Agriculture,

Harvest, and Forests

China made proposal at the 32nd Enforcement committee in early 2013 targeting illegal shipments from Europe and other waste exporting regions/countries to Asia-Pacific Region

Legal Framework: (1) Basel Convention

(2) The EU system for supervision and control of waste shipments

(3) Mutual Administrative Agreement between member administrations

(4) Corresponding National Legislation

Participants: States of export: EU(28)+9

EU member countries, Iceland, Norway, Switzerland, Australia, Japan, Korea, New Zealand, Canada and United States of America

States of import and States of transit: 11

Bangladesh, Cambodia, China, Hong Kong China, India, Indonesia, Philippines, Malaysia, Singapore, Thailand and Vietnam

Objective:

Strategic (1) Commitment and importance of the Customs in the fight against the illicit

trade in waste in a multi-agency approach;

(2) Bring awareness of the illicit trade in waste;

(3) Understanding and cooperation between C&C, C&EP&P, C&IO and Customs & other competent law enforcement agencies

(4) Deliver tangible results in terms of detentions seizures of illegal shipments of waste

Objective:

Tactical (1) Improve the knowledge of waste trafficking;

(2) Establish a proper mechanism for information exchange at national and international level;

(3) Identification of more risk indicator for targeting and profiling;

(4) Collect additional info that is not able to obtain during normal daily work.

Objective:

Operational (1) Make interception and detection

(2) Crack down on illegal operators

(3) Improve cooperation between frontline officers and EPA on the ground

(4) Improve follow-up conditions including investigation, forensic tests and prosecution

Scope and target of the Operation: Maritime shipment (container) incl. landlocked countries

Notification, subject to national legislation, of declared wastes and other risky or suspicious shipments

Intensified controls of waste shipments and suspicious and risky shipments

Targeting mainly on hazardous and other wastes, with a particular focus on electrical and electronic waste, household waste and industrial waste covered by the Basel Convention.

Supporting Bodies: China Customs

Secretariat of Basel Convention;

The EU Network for Implementation and Enforcement of Environmental Law (IMPEL);

International Network for Environmental Compliance and Enforcement (INECE);

INTERPOL

Relevant national authorities, such as Police and Environmental Protection Agency

Duration and Phases

Duration: (1) 5 weeks (D1-D35) operational phase + 15 (D36-D50)

days post operational phase;

(2) States of export: D1-D10 operational;

(3) States of import and transit: D1- D35 operational

Duration and Phases

Pre-operational phase (1) Preparation at international and national level;

(2) Collection of relevant information and development of risk indicators and profiles at national level;

(3) Consultation and coordination between Customs, environmental agencies, and the competent law enforcement agencies;

(4) Test of the communication tool CENcomm;

Duration and Phases

Operational Phase

States of export: - Risk profiling, monitoring and notification of shipments

declared as waste or other risky and suspicious shipments via CENcomm;

- Risk profiling and selecting for control of shipments declared as waste and other risky shipments;

- Initiating follow-up investigations;

- Reporting of any detentions and seizures via CENcomm

Duration and Phases

Operational Phase States of import and transit:

- Monitoring of the shipments declared as waste as well as other suspicious shipments notified by the States of export;

- Risk profiling and selecting for control of shipments declared as waste and other risky shipment;

- Controlling of shipments;

- Follow-up investigations;

- Reporting of any detentions and seizures via the CENcomm

Duration and Phases

Post-operational phase Control of containers selected in the previous phase, which have not been controlled; The results of these controls should be preferably reported via CENcomm.

Organizing and Coordinating Structure:

Operation Coordination Unit (OCU) - RILO A/P;

- Maintaining contact with participants;

- Collect information reported to CENcomm;

- Issue newsletters during the operation;

- Analyze the results of the operation on the basis of the information provided by the participants


Regional Intelligence Liaison Offices (RILOs) - Encourage the active participation of their regional

Members;

- Support the OCU;

- Facilitate and coordinate the information exchange at regional level


National Contact Points (NCPs) - Participating members shall designate a NCP;

- Coordinate the operation at national level;

- Liaise with other relevant national authorities concerned;

- Exchange information with other participating members with CENcomm;

- Report seizures via the CENcomm to the OCU

Communication Tool: CENcomm

Confidentiality

Press release

Commenced on 6 February 2012, till 11 March 2012(5 weeks);

Participants all over the globe:

77 WCO members (AP(12): Australia, Bangladesh,

Hong Kong China, India, Indonesia, Japan, Republic of

Korea, New Zealand, PNG, Philippines, Samoa,

Singapore)

11 RILOs

National EPAs, the Secretariat of Basel Convention,

IMPEL, INECE and INTERPOL

Results of Operation Demeter II

64 seizure reports (2,385 tons + 5,416 pcs of

waste)

256 messages exchanged in CENcomm

Majority of seizures were made in Europe

before the waste was shipped out

Africa and Asia as the main destinations

Participating Members

Used vehicle tires Printed paper waste Oily vehicle parts waste

No. of Seizures and Quantities Reported by Participating Members

Departure and Destination of Waste

Cases of Interest 1) 165,600 kg of plastic waste, mainly sullied plastic bottles, was seized in the seaport of Buenos Aires, Argentina in containers en route from Venezuela to Paraguay.

Plastic waste seized at Buenos Aires

Cases of Interest (2) Ten containers of 263,000 kg of paper waste, with unknown origin, containing food stains and food residues, all mixed with packing material, were seized in the port of Nhava Sheva, India.

(3) 59,260 kg of mainly plastic waste (PCB), concealed in barrels and iron crates, were seized in the port of Conakry, Guinea.

(4) 41,000 kg of household trash was seized in the seaport of Itajai, Brazil. The two containers arrived from Canada.

Household trash seized at Itajai, Brazil

Cases of Interest

(5) 26,500 kg of oily used truck parts and engines, destined for Egypt, were seized in the seaport of Gdynia, Poland.

Used truck parts and engines seized at Gdynia, Poland

Export Notification to Non-participating Members

Lessons Learnt The WCO Secretariat invited all participating Customs

administrations to make assessment on the operation’s

objectives through an evaluation form. 44 of the 77 participants

returned the Assessment of the Objectives and Evaluation form

Assessment

Lessons Leant

Positive (1) Fulfilled objective of the Operation and met participants

expectation;

(2) Ensure seamless cooperation on notifications and actions ;

(3) CENcomm was justified as an efficient and effective communication tool;

(4) OCU and RILO’s role was essentially critical;

(5) Trends was unveiled

Lessons Leant

Difficulties

(1) No legislation and condition to carry out controlled delivery;

(2) No arrest of operators;

(3) Illegal demands of wastes

Regional Joint Operation

Background of Project Sky-Hole-Patching

To set up an united anti-environmental crime front in the Asia-

Pacific region to stamp out the illegal trade in Ozone Depleting

Substances (ODS) and hazardous waste

Proposed by China Customs, jointly conducted by UNEP and RILO

AP

Phase I: 6 months pilot for ODS (from 1 Sep 2006)

Phase II: 6 months pilot for hazardous waste (from 1 Mar 2007)

Routine operation from 1 Nov 2007 onwards

Member A

Non-Members through other RILOs

Member B

RILO AP

Export Notifications of suspicious

E-waste/ODS shipments

Import Notifications as feedback

on monitoring results

Seizure Notifications

Project Sky Hole Patching

21 participants

Australia

Bangladesh

Bhutan

Brunei

Cambodia

China

Fiji

Members of Project Sky-Hole-Patching

Hong Kong

India

Indonesia

Japan

Korea

Macau

Maldives

Mongolia

New Zealand

Philippines

Samoa

Sri Lanka

Thailand

Vietnam


Export Notifications: 59 EU to China, Indonesia, Malaysia, Pakistan & Vietnam

One notification was relayed by the Human Environment & Transport Inspectorate in the

Netherlands

Seizure Notifications: 61 (528 tons)

Used computer monitors Used batteries Used LCD monitors


Types of Hazardous Waste


Loading Countries of Hazardous Waste


Declaration of Goods on Manifest


Seizure Notifications of ODS: 5 (30 tons)

Refrigerants R22

(HCFC-22)

Refrigerants R407C Refrigerants R12

(CFC-12)


Increased Members’ awareness of environmental crime

Enhanced mutual cooperation between Customs and Environmental

Protection Agency (EPA) in combating environment crime

RILO AP won “2007 Stratospheric Ozone Protection Award” from US

EPA

Skeleton of global joint operations organized by WCO


Achievement

Worldwide Seizures • 210 seizures were reported to

CEN since 2011; • 165 seizure items fell into wastes

covered by Basel Convention • HK reported 89 seizures; • EE,VE, US and DK followed with

39, 27, 18 and 16 respectively

Worldwide Seizures • Used Batteries: 353.1 tons & 7515 pieces • Used Monitors or Display: 294.6 tons & 27661pieces • Used tires: 2638 pieces • Lead &lead compounds: 2.9tons &2114 pieces

Worldwide Seizures Departure and Destination

Non-AP to AP members

Departing Countries Descriptions and Quantities of Seizures

AP to Non-AP Members Date: 2013 Jan& Feb Seizure: Used Tires1109 pieces Route: JP-MZ Conveyance: Vessels

AP-AP Members

AU: Used batteries and monitors (Display) CN: 22.4tons and 3360 pcs of monitors(Display), 26.5 tons of used batteries JP: 1 ton of waste batteries and 3757 pcs of monitors (Display) KR: 14640 pcs of monitors (Display), 0.6 tons of batteries MY: 2.8 tons of batteries, 500 pcs of monitors, 18.3 tons of Nylon residue and sludge SG: 2.1 tons of batteries, 600 pcs of monitors

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