4-okt-15 An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste Cooperation on the enforcement of environmental offences

19 apr 2023

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

Cooperation on the enforcement of environmental offences by the

Environmental Inspectorate Division19 apr 2023

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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

Environmental Inspectorate Division - organisation

HD

ANT LIM EFL WFL FBR

CS SR



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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

EID – tasks & competences



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• Municipalities• Environmental agencies, e.g. OVAM• On food chain safety• On severe risk companies• Other Belgian regions• Judicial authorities• Waste shipments

EID – Cooperation at national level



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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

EID – cooperation with municipalities



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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, …

EID – cooperation with agencies / OVAM



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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: Leefmilieu Brussel

EID – cooperation on Food Chain Safety



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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

EID – inspection of severe risk companies



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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.

EID – cooperation with other Belgian regions



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Consultation at the level of the judicial districts at the level of the EID local services:•To achieve a more efficient follow-up inspection•To provide technical expertise•Specific dossiers as well as structured cooperation

Judicial trainees:•Apprenticeship to prepare an appointment to the magistracy•Training at the EID local services to learn about on-site inspections

EID – cooperation with the judicial authorities



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Subject-matter input on existing or upcoming legislation: feedback from the reality in the field

Input on the enforceability of legislation:•VLAREM II (2007, 2008, 2011) – update of the Flemish legislation on facilities with environmental permit requirements•Implementation of the Mining Waste Directive 2006/21/EC•Implementation of the Waste Framework Directive 2008/98/EC

EID – participation in regulatory initiatives



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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:

o I: Permitting, Inspections & Enforcemento II: Transfrontier Shipment of Waste (TFS)o III: Better regulation

EID – International cooperation / IMPEL



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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

EID – International cooperation / other



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Overview:

(1)The Waste Shipment Regulation (“WSR”) (2)Enforcement in Belgium by competent authorities (“CA”) and other government bodies (3)Cooperation Agreement (“agreement”)

• (legal) background• Members• Content + examples

Cooperation for Transfrontier Shipments of Waste



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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

Waste Shipment Regulation



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• 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

Enforcement of the WSR in Belgium



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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

Cooperation agreement - background



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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)

First cooperation agreement (1994)



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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•…

Incentive for an update of the cooperation agreement



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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

Update of the cooperation agreement (2009-…)



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• 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

WSR agreement - content



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• 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

WSR agreement – principle of mutual support



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• 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

WSR agreement – information exchange



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EID project P654: yearly analysis of customs declarations of waste export.(1)EID receives an extract of all Customs declarations related to waste in the previous year(2)Analysis: list of “suspicious” declarations for internal use + copy to Judicial Police(3)Inspection of the listed companies by EID(4)Feedback to:

• Customs: risk based inspection of future declarations

• Prosecutor: infringements

WSR agreement – information exchange / example



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Developping procedures for the inspection of shipments, including:•execution of competences by different enforcement bodies•directing inspections to high risk waste streams

Examples:•standard reports from Customs to CA•procedures for inspection of WEEE at port terminals (in cooperation with port authorities)

WSR agreement – tasks of the coordination group / 1



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Developping procedures for detection and investigation of illegal shipments

e.g. risk-based detection of export shipments at Customs level

Developping procedures for prosecution of illegal shipments

e.g. in relation to the handling of simultaneous offenses against Customs regulations (non bis in idem)




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Input for regulatory initiatives

•Discussion on changes of and interpretation of regulations related to 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




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• Harmonizing the administrative and judicial handling of different degrees of offenses against the WSR.

• Coordinating the exchange of information

e.g. CA’s advice on Customs AOC certificates

• Discussing the collaboration with third parties




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Members (appointed by their ministers):•4 CA (policy + enforcement)•Ministry of Internal Affairs (at least 1 Police)•Ministry of Justice•Attorney General•Customs

Operation:•At least 4 meetings per year•Rotating presidency•Internal regulations yet to be drafted

WSR agreement – structure of the cooperation group



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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 Antwerp and Dendermonde, and all enforcement bodies involved in the inspection of waste shipment in the port of Antwerp

Police-OVAM-FEI: regular evaluation of the collaboration on waste transport inspections

More national cooperation in the field of TFS



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Activities:• “on site” inspection projects• procedures for inspections, harmonized

implementation of the law• Base Camp (blog)

Organisation:• approval of projects’ budget: IMPEL GA• Steering committee: working plan,

representation• National Contact Points• yearly conference: open to CA, police,

customs, judicial authorities

IMPEL – TFS (Cluster II)



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• 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

EID participating in IMPEL – TFS projects



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INECE (International Network for Environmental Compliance and Enforcement):

• participation in international conferences• member of the Seaport Environmental

Security Network since 2010China and Hong Kong:

• frequent and standardized information requests on Chinese recycling facilities (application of WSR art. 49.2)

• visit by Chinese EPA in October 2010Surrounding member states:

• ad hoc, on specific cases• on the (technical) execution of inspections

More international cooperation in the field of TFS



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Succes on TFS enforcement depends on:• detection of illegal cases• administrative & judicial follow-up of

illegal cases

Detection of illegal shipments depends highly on:

• good targetting• information exchange between CA and

other enforcement bodies

The results of cooperation on TFS



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Thank you for your attention

Bart PalmansDepartment of Environment, Nature and EnergyEnvironmental inspectorate ServiceHead Service - Brussels

Documents

4-okt-15 An overview of the EID’s initiatives, with a focus on transfrontier shipments of waste Cooperation on the enforcement of environmental offences