The judge said during the ruling, the first ever to convict Trafigura Beheer BV over the toxic waste handling, the company was fined because it broke European regulations on “the export of waste to the Third World and harming the environment”. It was also convicted for concealing the harmful nature of the waste.

Trafigura, one of the world’s biggest oil and metals traders with 2009 sales of $47 billion, said in a statement it would study the ruling, and it may file an appeal. The court also convicted a Trafigura employee and a ship’s captain.

“While Trafigura is pleased to have been acquitted of the charge of forgery it is disappointed by the judge’s ruling on the other two, which it believes to be incorrect,” it said.

Trafigura, which has made settlements to prevent or end court proceedings in Ivory Coast and Britain, had chartered the ship Probo Koala, which wanted to dispose of hundreds of tonnes of chemical slops in Amsterdam in July 2006.

The ship decided against disposing the cargo in Amsterdam after being told it would have to pay the clean-up costs.

About a month later, the material was dumped in the Ivorian economic capital Abidjan after Trafigura hired a local company to dispose of the waste. Thousands of residents of the city complained of illnesses.

The government of Ivory Coast said 16 people died.

The Dutch judge said on Friday the waste was harmful, caustic and could hurt the skin, though a British judge said last September there was no evidence the waste had caused anything more than “flu-like symptoms”.

Trafigura agreed in 2007 to pay a $198 million settlement to the Ivory Coast government which exempted it from legal proceedings in the West African country, but it denied responsibility for the dumping or any wrongdoing.

The company also reached a pre-trial settlement in September with a British law firm which represented 31,000 residents of Ivory Coast.

Pending trial

The court also sentenced Trafigura trader Naeem Ahmed to a suspended 6 months’ jail sentence and a 25,000 euro fine for concealing the harmful nature of the waste, and the Probo Koala’s captain Sergiy Chertov to a suspended 5 month jail sentence for the same charge and forgery when reporting the waste to Dutch authorities.

The court acquitted the city of Amsterdam for its role in handling the waste transport in the city’s port because it was acting as a public body, giving it immunity, the judge said.

The Dutch Supreme Court ruled two weeks ago that a lower Dutch court should re-examine a case against Claude Dauphin, in 2006 chief executive of Trafigura Beheer BV, who Dutch prosecutors suspect of having lead the toxic waste export.

Dauphin has objected to the charge, saying he only knew in mid-Aug. 2006 that Probo Koala transported toxic waste, when the export to Ivory Coast had already taken place.

The Environment Committee voted at first reading on Tuesday on a proposed update to legislation on waste electronic and electrical equipment (WEEE). The report by Karl-Heinz Florenz (EPP, DE) was adopted with 54 votes in favour, 1 against and 3 abstentions.

Exemption for solar panels

The new legislation should apply to all types of WEEE, says the committee. However, vehicles, military material and fixed industrial installations should be excluded. MEPs also want solar panels to be exempt, bearing in mind the photovoltaic industry’s voluntary target to recycle 85% of modules. All exemptions should be reviewed within five years.

Collection targets

Member States should collect at least 85% of WEEE generated in their country by 2016, argue MEPs. The Commission had proposed a 65% figure, based on new products put on the market. MEPs emphasise that targets should be based on real waste because older goods are often stored or given away, rather than thrown away.

The Environment Committee voted to add an interim target for 2012: 4kg per capita (already in the current legislation) or the volume of waste collected in 2010, whichever is greater. Member States generate varying levels of WEEE and should be free to set higher national targets, say MEPs.

The legislative proposal demands that Member States should treat all waste they collect. MEPs want the Commission to propose standards to encourage this to be carried out in the best possible way.

Targets to recover, recycle and reuse

The Environment Committee suggests a simpler system of six categories of WEEE, to replace the current 10. Depending on the category, 70-85% of WEEE should be recovered and 50-75% recycled. Recycling doesn’t just reduce waste, it recovers raw materials. MEPs say reusable appliances should be kept separate from other e-waste, and that a 5% target for reuse should apply for the appropriate categories.

Member States should carry out tougher inspections on exported waste, according to MEPs. Although only reusable electronic goods may be exported, large amounts of waste are exported illegally to developing countries, where inadequate treatment can have serious health and environmental consequences.

Right to return

Thanks to the existing legislation, consumers can already hand in WEEE free of charge to dedicated facilities. MEPs want retailers to be obliged to accept small appliances that are returned to them.

Better designed goods

Action at the design stage can help to reduce and better process waste. MEPs are calling for eco-design requirements facilitating re-use, dismantling and recovery to be in place by the end of 2014.

Next steps

The plenary vote on the WEEE Directive is currently scheduled for September 2010.

Source: www.europarl.europa.eu

Three hundred delegates from 106 countries welcomed the Convention’s Strategic Framework 2012-2021 on the final day of a meeting in Geneva at which a range of pressing issues on the control of transboundary movements of hazardous wastes and their disposal have been considered.

Other key outcomes of the five-day meeting include moves to ensure strong controls on the rapidly growing ship dismantling industry, progress developing global recycling guidelines for used computers and support for furthering the objectives of the Ban Amendment to the Convention which prohibits the export of hazardous waste from developed countries to developing countries.

The Executive Secretary of the Basel Convention, Katharina Kummer Peiry, said the forum’s positive results come at a time of renewed interest in the management of transboundary movements and disposal of hazardous wastes.

“The international community is signaling its support for increased efforts to promote the environmentally sound management of waste during a time of transition with new waste streams, new technological developments and ways in which waste moves around the world,” Ms. Kummer Peiry said.

“Governments have taken a visionary approach to determining the future direction of the Convention and they’re calling for it to play a decisive role globally, regionally and nationally in strengthening the links to the achievement of the Millennium Development Goals to benefit human health and livelihoods.

“This also follows the agreement by governments in Bali, Indonesia, in February to have more cooperative action by the Basel, Rotterdam and Stockholm Conventions as a first step to boosting their delivery within countries,” she added.

The Open-ended Working Group (OEWG) to the Basel Convention – its main subsidiary body – convened its seventh session at the Geneva International Conference Centre this week (from 10 to 14 May 2010).

The wide-ranging recommendations from the meeting will be put to the Basel Convention’s next Conference of the Parties (COP 10) to be held in Cartagena, Colombia, from 17-21 October 2011.

The main outcomes include:

1. Endorsement by Parties to the Basel Convention of:

• Revised technical guidelines for the environmentally sound management of used tyres

• Technical guidelines on the environmentally sound management of mercury wastes, and

• Draft technical guidelines on the co-processing of hazardous waste in cement kilns;

2. In relation to the environmentally sound dismantling of ships, there was agreement on criteria for assessing whether the International Maritime Organisation’s (IMO) International Convention adopted in Hong Kong in 2009 for the safe and environmentally-sound recycling of ships establishes an equivalent level of control and enforcement as that of the Basel Convention;

3. Positive reaction to the Indonesian-Swiss country-led initiative to improve the effectiveness of the Basel Convention by furthering the objectives of the Ban Amendment, namely analyzing why transboundary movements of hazardous wastes and other wastes occur, especially to developing countries and countries with economies in transition, when environmentally sound management cannot be ensured;

4. A review of the operation of the Basel Convention Regional Centres and preparation of a workplan for strengthening their operations at the regional and national level;

5. Measures to combat illegal trafficking in hazardous wastes and strengthen enforcement by countries of the Convention’s provisions, which included giving all delegates an instruction manual on national reporting prepared by the Secretariat;

6. A progress report on PACE – a public-private partnership under the umbrella of the Basel Convention – included advances in developing global refurbishment and recycling guidelines for used end-of-life computing equipment and confirmation of nine countries where e-waste surveys would be conducted: Burkina Faso, Jordan, Samoa, El Salvador, Serbia, Cote d’Ivoire, Sri Lanka, Cambodia and Brazil.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the most comprehensive global environmental agreement on hazardous and other wastes.

Previously the VROM Inspectorate had met with the Indian authorities in New-Delhi.

Other countries represented were Belgium, Ireland and Northern Ireland. Both Indian and European participants stressed the need for cooperation on the field of waste shipments and infractions and violations of both the European Waste Shipment Regulations as the Basel Convention. Also the present parties agreed on the need for contact points for the exchange of information on waste shipments and offered to assist in any mediation needed with other involved competent authorities.

Enforcement in India is the competence of Customs and the Directorate of Revenue Intelligence. Prior consent of shipments and control of waste facilities however, is the competence of the Ministry of Environment and Forests and the State Pollution Control Boards.

A visit to the Dutch customs in the Port of Rotterdam clearly illustrated the need for cooperation between India and Europe. An illegal waste shipments from Ireland to India was intercepted and blocked by Dutch Customs who control the illegal export out of the European Union in Rotterdam. Luckily, Mr Pat Fenton from the Irish authorities and the Indian representatives agreed on the illegal nature of the shipment and supported the decision of Dutch authorities to send this shipment back to the country of origin.

The Indian authorities are invited to the next IMPEL-TFS Conference in Basel, 2-4 June 2010. For more information or questions about the Dutch cooperation with India you can contact Mr Johan Huijbregts or Ms. Jenny van Houten from the VROM-Inspectorate in The Netherlands via the IMPEL TFS Secretariat.

The first expert panel focused on the regulation of hazardous waste shipment. Representatives from the European Network for the Implementation and Enforcement of Environmental Law (IMPEL), NEO Earth Observation and Asser Institute, provided an interesting overview of the international legal framework, focusing specifically on the development of the ‘EU Waste Shipments Regulation’. Examples of remote sensing in criminal investigations were further discussed, as well as the question of open source data.

During the second expert panel, participants discussed the regime of monitoring-reporting-verification (MRV) related to the non-compliance mechanisms of the Kyoto Protocol. The panel presented concrete examples of carbon storage and sequestration monitoring, including in Indonesia, where law enforcement on illegal logging is effectively supported in certain areas.

The event proved a useful setting for participants from the worlds of geospatial technology and environmental law to meet each other and share their views on the benefits of applying remote sensing technology for monitoring environmental law. Many participants also emphasized the added value of setting up a facility (HELF) that will propose educational activities and facilitate access to justice for victims of international environmental crimes. One of the main outcomes of the meeting was the agreement between the Institute for Environmental Security and other attending organisations to further collaborate and share skills and know-how with the aim to develop one or more pilot projects on hazardous wastes, climate change, deforestation and illegal trade in natural resources.

More information about the HELF Programme.

The SESN is an informal coalition of enforcement professionals working to strengthen capacity to respond to illegal hazardous waste shipments through seaports. Background information on the SESN can be found online at the seaport web page or by contacting inece@inece.org.

As a follow-up to the outcomes of the Accra workshop, a  training programme will be organised in Europe later this year for  a total of 15 delegates from Ghana, Nigeria, Benin, Tunisia and Egypt. A series of training courses on  the enforcement of international waste shipments will be offered , with an emphasis on e-Waste. The  ‘Train the trainer model’ will be used. Preparations are therefore being made by IMPEL-TFS and the Secretariat of the Basel Convention to host and train these delegates. The training programme represents part of the implementation of component 4 of the Basel E-waste Africa Project.

The report is available here.

Federal Minister for Environment Dr. Norbert Röttgen said, “The study illustrates the scale of illegal export of WEEE while also pointing out that further measures to solve the problem are necessary. The Federal government is calling for a decisive regulation at the European level by which exporters must provide proof that exported devices are in working order and not in fact waste, and for exporters to bear the costs of periodic checks. The appropriate authorities in Germany must step up monitoring of collection points and exports so as to curb the detrimental impact on environment and health of criminal trade.

“Not only do many hazardous materials leave the country in used electronic equipment, but valuable raw materials such as gold, copper, platinum or indium are also exiting the raw materials cycle here at home”, said UBA President Jochen Flasbarth.  “As long as ecological recycling is technically and satisfactorily possible in Europe or similar regions only, equipment and its components should be reused here. It makes economic sense to recycle valuable raw materials appropriately, especially many metals, considering the rise in global market prices”, continued Flasbarth.

UBA’s President also made an appeal to continue improvement of recycling standards in Asia and Africa through technology transfer. Producers of new equipment are also called upon to design products more ecologically.

In their one-and-a-half-year-long study experts from the Hamburg Institute for Environmental Strategies (Ökopol) compiled the most solid information as yet on the origin and volume of exported devices. The equipment came from flea markets, second hand shops or were retrieved from junk yards. From there it is often transported via collection points for export, usually by sea. Besides harmless metallic raw materials, WEEE also houses a host of hazardous materials which must be recycled properly to avoid harming human health and the environment. An old computer contains more than 100 different materials, and conventional monitors contain lamps which must also be disposed of professionally.

The study findings are to be forwarded to affected stakeholders, in particular the Laender, concerned federal ministries, municipal umbrella organisations, environmental and economic associations, and the European Commission with a request that they review any pertinent proposed measures.

The report ‘Optimierung der Steuerung und Kontrolle grenzüberschreitender Stoffströme bei Elektroaltgeräten/Elektroschrott study’ (in German with English-language summary) is available here.

This is a joint press release by the German Federal Ministry for Environment, Nature Conservation and Nuclear Safety (BMU)

The focus of the latest joint operation from the Dutch and British authorities on 2-4 February 2010 was on exports of waste tyres and waste of electrical and electronically equipment (WEEE). The four authorities met for an intelligence gathering and dissemination event in Coventry, England and visited several waste tyre and WEEE facilities. The illegal export of tyres from Europe to countries like Vietnam and South Korea appear to be a problem, as well as the illegal export of WEEE to non OECD countries. Waste tyres are dumped, burned and exported illegally. The environment suffers from this, as well as legitimate recycling companies who face unfair competition. The UK and Netherlands authorities will work together to stop unwanted exports of WEEE and waste tyres. The data gathered will be used for intelligence-led enforcement activities in the UK and the Netherlands.

The authorities are currently preparing a joint criminal investigation on illegal waste exports for the very first time.

Another joint activity is the making of a ‘waste shipment enforcement training film’ for enforcement officers around the world like customs, police and environmental authorities. The film is funded by the VI and the EA and is produced in cooperation with IMPEL-TFS. The meeting and the site visits during the joint enforcement operation were used as an example of intelligence sharing and international cooperation for the film. Other environmental authorities who will appear in this film are from Poland, Portugal, the Netherlands, Ghana and one country in Asia. The film will be presented at the IMPEL-TFS conference in Basel, June 2-4.

For more information contact Ms. Jenny van Houten, Programme Manager International Enforcement Cooperation VROM-Inspectorate, jenny.vanhouten@minvrom.nl

Environment Commissioner Stavros Dimas said: “Compliance with EU legislation is essential if we are to achieve the overarching goal of EU waste legislation, which is to protect the health of European citizens and the environment. We must look at all the options, including setting up an EU agency or body which could enable EU legislation to deliver the maximum benefits for citizens, the environment and the EU economy.”

Study recommends dedicated agency to enforce waste law

Overseeing the safe and environmentally sound management of waste is one of the most serious environmental challenges facing the EU today. An estimated 2.6 billion tonnes of waste is generated in the EU each year – about 90 million tonnes of this is classified as hazardous.

The study published today recommends setting up a dedicated agency at EU level to tackle the underlying problems of poor implementation and enforcement of European waste legislation. The scale of the problem has grown in recent years following increases in waste generated and shipped in the enlarged EU. In 2008, the European Parliament adopted a resolution urging the Commission to report on the feasibility of establishing a “Community environmental inspection force”.

The agency would carry out a number of tasks such as reviews of enforcement systems in Member States, coordinated controls and inspection activities. This would be combined with the creation of a specific European body responsible for direct inspections and controls of facilities and sites in serious cases of non-compliance. A European network of Member States would support the agency in a number of activities.

The recommendations are based on responses from Member State officials and stakeholders through questionnaires, interviews and informal workshops.

The annual cost for carrying out the recommendations is estimated at just over €16 million. In addition to other waste-related benefits, full implementation of EU waste law would reduce emissions of greenhouse gases, including methane from landfills, equivalent to almost 200 million tonnes of CO 2 a year . This would save €2.5 billion annually at today’s carbon price of around €13 per tonne. Other significant economic benefits from strengthening implementation include a level playing field for European companies, better opportunities for innovation and increased access to valuable secondary raw materials.

An in-depth cost-benefit analysis will be carried out this year. Further steps may be proposed during 2011.

Gaps in implementation of EU waste law

Current gaps in implementation and enforcement have led to wide-scale illegal dumping and large numbers of landfills and other facilities and sites that do not meet EU standards. In some Member States, waste infrastructure is inadequate or missing (see IP/09/1795 ).

Click here for the report and the annexes.

There is also growing concern about the high number of cases of illegal waste shipments. A lack of inspections and on-the-spot checks was identified as a contributory factor. In response, the Commission supported a series of coordinated inspections, spot-checks and controls of waste shipments in Member States in co-operation with IMPEL, the European network for the implementation and enforcement of environmental law. A report on the joint enforcement action is published today.

Over 10,000 transport inspections and several hundred company inspections were carried out. In total, 22 Member States and several neighbouring countries participated in the joint enforcement actions. In around 19% of cases involving transport containing waste, inspectors found shipments to be illegal. Most of the cases concerned illegal exports from the EU to countries in Africa and Asia in contravention of the export ban on hazardous waste or violation of information requirements for exports of “green”, non-hazardous waste.

IMPEL is continuing with joint inspections of waste shipments and aims to extend these to all Member States. The Commission has also addressed the problem by proposing reinforced legislation. The proposed revision of the directive on waste electrical and electronic equipment (WEEE) includes additional rules to avoid illegal shipments of electrical and electronic waste, especially when falsely declared as used products. The Commission is also assessing the feasibility of strengthening inspection requirements under EU rules on waste shipment.