A/HRC/35/33
Furthermore, the European Union regulations No. 1013/2006 on shipments of waste and
No. 2012/19/EU on waste electrical and electronic equipment ensure further protection
against harmful transfers of waste beyond the requirements of the Basel Convention and
require member States to impose penalties on businesses that fail to comply.
48.
States have a wide range of tools at their disposal to enhance cooperation with each
other with respect to investigating and prosecuting waste-based offences. Several initiatives
at INTERPOL facilitate closer connections between States and provide support for crossborder operations. For instance, the INTERPOL Pollution Crime Working Group creates a
forum for experts and criminal investigators to work together on projects targeting the
transboundary movement of hazardous wastes, in particular electronic waste and ship
pollution. Project Eden at INTERPOL works with that Working Group and supports States
with the exchange of criminal intelligence and regional operations. The World Customs
Organization also has a dedicated environmental programme that helps customs agencies
around the world tackle the illicit trade in hazardous wastes. Furthermore, the International
Network for Environmental Compliance and Enforcement brings together regulators,
investigators, prosecutors, judges, civil society organizations and business to implement
strategies aimed at improving the enforcement of environmental regulations, including with
respect to the management of chemicals and waste.
49.
Numerous regional organizations facilitate cooperation between law enforcement
agencies in dealing with environmental crime, including the Asian Environmental
Compliance and Enforcement Network, Commission on Environmental Cooperation, East
African Network for Environmental Compliance and Enforcement, and South American
Environmental Compliance and Enforcement Network. The Regional Enforcement
Network for Chemicals and Waste connects frontline enforcement officials from 25
countries across North-East, South-East and South Asia to coordinate the control of illegal
transboundary waste traffic. In addition, the European Union Network for the
Implementation and Enforcement of Environmental Law includes a team on the crossborder shipment of wastes focusing on the implementation of European waste shipment and
waste management rules. Beyond capacity-building activities, the Network facilitates joint
enforcement projects between States’ customs and police authorities.
50.
In addition, numerous international and regional information-sharing systems are
available to States for investigation of waste-based offences. The INTERPOL Ecomessage
system allows law enforcement agencies to securely communicate regarding environmental
crime and cross-reference material from other investigations. Similarly, the World Customs
Organization has developed ENVIRONET, a communication tool that facilitates
information exchange on environmental issues in real time. Regionally, the European Data
Interchange for Waste Notification Systems, due to become operational in 2017, will allow
authorities in different States to exchange quickly and securely information related to waste
shipments within, into and out of the European Union.
51.
All of these mechanisms are used by States to cooperate with investigating and
prosecuting cases against economic actors, demonstrating that, when States have the
political will and work together, they can successfully thwart corporate misconduct.
52.
For instance, in 2012, seven European and African countries worked together
through the INTERPOL Operation Enigma to target the illegal trade of e-waste. 46
Coordinated checks were done at ports considered to be the source and destination of waste
flowing from Europe to Africa, uncovering over 240 tons of illegal e-waste. The operation
led to criminal investigations against 40 companies.
53.
The World Customs Organization also coordinated operations leading to massive
seizures of illegal hazardous waste. In Operation Demeter I, customs agencies from 65
countries worked together to stop the shipment of hazardous wastes from Europe to Asia
46
12
See www.interpol.int/News-and-media/News/2013/N20130225.
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