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ENVIRONMENT<br />

ILLEGAL TRADE IN HAZARDOUS<br />

AND OTHER WASTES<br />

The Basel Convention regulates the trans-boundary<br />

movement of hazardous wastes and other wastes. The<br />

obligations and procedures of the convention apply<br />

whenever hazardous wastes and other wastes covered<br />

by the convention cross from one national jurisdiction to<br />

another, whether or not the wastes are being shipped<br />

as part of a commercial transaction or under a trading<br />

relationship. The Basel Convention was adopted in<br />

1989, and it entered into force in 1992. Currently there<br />

are 181 parties to the Basel Convention.<br />

Hazardous waste causes long-term poisoning of soil<br />

and water, affecting people’s health and living conditions,<br />

sometimes irreversibly. Unscrupulous trading in<br />

waste has become an increasingly serious concern.<br />

Under the Basel Convention, parties have the right to<br />

prohibit the import of hazardous waste, and parties are<br />

prohibited from exporting hazardous waste without<br />

pre-consent from the importing countries. The<br />

Convention establishes a regulatory system that requires<br />

the prior informed consent of the state of import<br />

and the state of transit before wastes can be exported.<br />

An obligation of re-importation arises when an export<br />

has not complied with the Convention.<br />

Operation Demeter III<br />

Initiated by China Customs and organised by the World<br />

Customs Organisation, Operation Demeter III targeted<br />

maritime shipments during a period of five weeks in<br />

October and November <strong>2013</strong>, with a view to identifying<br />

illegal shipments of hazardous and other waste<br />

controlled by the Basel Convention. The operation was<br />

mounted with the support of the Secretariat of the Basel<br />

Convention (SBC), the EU Network for Implementation<br />

and Enforcement of Environmental Law (IMPEL), the<br />

European Commission’s Directorate General for<br />

Taxation and Customs Union (DG TAXUD), the<br />

International Network for Environmental Compliance<br />

and Enforcement (INECE), INTERPOL and the United<br />

Nations Environmental Programme’s Regional Office<br />

for Asia and the Pacific (UNEP ROAP).<br />

The joint efforts of 44 Customs administrations in<br />

Europe, Asia and the Pacific and North America,<br />

Metal scraps intercepted by Swedish Customs during the<br />

Operation Demeter III<br />

Photo courtesy of Swedish Customs<br />

including participating partners such as the national<br />

environmental agencies and the Police, resulted in 48<br />

seizures/detentions of 7,022,724 kg and 3,403 pieces<br />

of waste. The seized and detained waste ranged from<br />

textile waste, plastic waste, household waste, scrap<br />

metal, electrical and electronic equipment (e-waste),<br />

to used vehicle parts and tyres.<br />

Most of the seizures/detentions took place in<br />

European countries. The largest seizure, namely 5,700<br />

tonnes of textile waste, was realised in China. 12<br />

Members reported cases: Belgium, Bulgaria, China,<br />

France, Germany, Hong Kong (China), Italy, the<br />

Netherlands, New Zealand, Poland, Portugal and<br />

Sweden.<br />

Operation Demeter III involved a series of operational<br />

mechanisms: intensified controls, monitoring, notifications<br />

and feedback. Participants relied on<br />

CENcomm, the WCO’s secure and encrypted communication<br />

tool, to exchange crucial information and<br />

intelligence and to coordinate their operational activities<br />

during the course of this enforcement initiative.<br />

The WCO Regional Intelligence Office for the Asia and<br />

the Pacific – based in Seoul, Korea – hosted the<br />

Operation Coordination Unit and played an important<br />

role during the Operation as a focal point for<br />

information exchange.<br />

The illegal <strong>trade</strong> in waste remains a significant global<br />

environmental issue and compliance with Basel<br />

Convention’s provisions continues to be a challenge.<br />

43<br />

ILLICIT TRADE REPORT <strong>2013</strong>

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