MEA Enforcement Regional Cooperation and Networking

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MEA Enforcement Regional Cooperation and
Networking

• Asia Pacific Region
• ?
• Montreal Protocol
• Basel, Rotterdam and Stockholm Conventions

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Outline

• Montreal Protocol Basel Convention Rotterdam
  Convention Stockholm Convention
• UNEP assistance at national level
• Regional Ozone Networks
• MEA Regional Enforcement Network
• Cooperation with Partner Organisations

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The Hazardous Chemicals and Wastes Conventions

• Montreal Protocol, Basel, Rotterdam and
  Stockholm Conventions 4MEAs developed under UNEP
  auspices together provide an international
  framework governing the environmentally sound
  management of hazardouschemicals throughout
  their lifecycles

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Montreal Protocol - 1987

• Ozone Layer Ozone (O3) in the stratosphere, acts
  as a filter for UV-B
• Ozone-depleting substances (ODS) deplete the
  ozone molecules in the ozone layer
• The Montreal Protocol (1987), 4 Amendments and 7
  adjustments
• Production Consumption of ODS to be
  progressively reduced
• Financial Mechanism to assist developing
  countries
• Delayed Compliance period for developing countries

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Basel Convention - 1989

• Control of Transboundary Movements of Hazardous
  Wastes and their Disposal, 1989
• In response to concerns about toxic waste from
  industrialized countries being dumped in
  developing countries and countries with economies
  in transition
• 1st decade elaboration of controls on the
  transboundary movement of hazardous wastes,
  development of criteria for environmentally sound
  management
• Recently full implementation of treaty
  commitments minimization of hazardous waste
  generation

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Rotterdam Convention, 1998

• Prior Informed Consent Procedure
• Certain Hazardous Chemicals and Pesticides in
  International Trade
• Dramatic growth in chemicals production and trade
  highlighted the potential risks posed by
  hazardous chemicals and pesticides
• Countries lacking adequate infrastructure to
  monitor import and use were particularly
  vulnerable
• 1980s UNEP FAO developed voluntary codes of
  conduct information exchange systems,
  culminating in the PIC procedure introduced in
  1989

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Stockholm Convention, 2001

• Persistent Organic Pollutants (POPs)
• Chemicals, highly toxic, persistent,
  bio-accumulate and move long distances in the
  environment
• In response to urgent need for global action to
  protect human health and the environment
• elimination / restriction production and use of
  all intentionally produced POPs
• minimization and, where feasible, ultimate
  elimination of releases of unintentionally
  produced POPs
• Stockpiles must be managed and disposed of in a
  safe, efficient and environmentally sound manner.
• Certain trade restrictions

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UNEP assistance at national level

• Montreal Protocol UNEP Compliance Assistance
  Programme
• Policy and regulations (ODS licensing system )
• Training Refrigeration Technicians - Customs
• Enforcement ODS checking as part of customs
  inspection procedure
• Public awareness raising
• COMPLIANCE

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Regional Ozone Networks

• Ozone Officers Networks
• South Asia South East Asia and Pacific networks
• Regular forum for Ozone Officers to exchange
  experiences, develop skills, share ideas with
  counterparts from both developing developed
  countries
• Inform about decisions from MOP and ExCom
• South-South assistance

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Ozone Regional Enforcement Network

• Sida funded project 2002-2006
• Focus Enforcement Montreal Protocol
• 24 countries in the AP Region
• Ozone and Customs Officers (ODS customs focal
  point)
• Yearly coordination / cooperation workshops
• Facilitate info / intelligence exchange among
  countries
• Develop practical ODS enforcement management
  tools
• Desk study trans-boundary movements of ODS
• Liaise with regional / international agencies

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Country Control on ODS Trade
Prior to this project, countries work in
isolation and must rely on their own system to
control ODS trade which is a cross-border
phenomenon
Country Obligation ODS Phase-out
Monitor ODS Consumption
ODS Regulation / Licensing System / Import Quota
Enforcement by Customs
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Project Activities

• Cross-border cooperation between NOU and Customs
• Facilitate information/intelligence exchange
• Gather data on transboundary movements of ODS
• Develop management tools for efficient border
  controls
• Establish collaboration with regional enforcement
  agencies

Country A
Country B
NOU
NOU
Customs
Customs
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Role of Country Participants

• Assign customs officer responsible ODS
• Compile national information on trans-boundary
  movements of ODS
• Identify issues (e.g. Fiji-prosecution)
• Contribute ideas for regional strategies
• Implement tools strategies discussedat
  coordination workshops
• Put in place / implement / enforce effective
  import/export licensing systems at national level

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Fiji case study - Role of Prosecutors and Judges

• Invited a prosecutor from Fiji to share their
  experience in Beijing workshop, April 2005
• Lessons learnt from Fiji Case
• The High Court in Fiji has failed to set a
  deterrent punishment. In fact the Court failed to
  indicate what is the starting range of fines in
  Fiji for offences against the Environment.
• The Judge refused to grant court costs despite
  our efforts to show the approach taken by the
  Courts overseas. The judge strongly believed that
  since the matter was criminal the Prosecution had
  the burden of proving the case beyond reasonable
  doubt, even if that meant bearing the heavy
  burden of costs.
• Fact sheet - Participation in UNEP Judges
  Initiative

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Some outputs

• Experts regional organisations and NGOs
• In depth knowledge - Support between meetings
• Improved contacts between countries
• Raised global awareness issues in the Asia region
• Through reports and participation outsiders
• By group initiative to bring them before the MOP
• Raised the overall level of weakest participants

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Some Outputs

• More effective import/export licensing systems
• Info/Intelligence Exchange
• Informal Prior Informed Consent
• Exchanged info / intelligence specific cases
• Desk Study giving an idea of trends of illegal
  trade activities, an opportunity to analyse the
  origin take preventive measures

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N
Lessons learned

• Project implementation and participation
• Follow-up C R essential
• One of the main pillars of the success of the
  project is the insistence on having the same
  officers attend all the workshops
• Deeper understanding of the specific problems
• Created a big capacity building of those officers
• Allowed for a mutual search for solutions
• Officers take a very active role

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Lessons learned
N
Lessons learned

• Interaction with Other Agencies
• Expertise, extend activities
• Awareness raising within organisations (WCO,
  Interpol), puts environmental crime on agenda
• Outreach
• Not limited to national/regional implementation
  but also countries taking the initiative to bring
  certain problems to the meeting of the parties

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Lessons learned
N
Lessons learned

• Scope
• From discussions with the countries, the need
  was expressed to broaden the scope of the
  regional cooperation
• To include other MEAs
• To raise awareness of the full enforcement chain,
  including prosecutors, judges, police,
  environmental inspectors, and investigators
• For expertise on how to follow up seizure of
  illegal shipments with investigation,
  prosecution and conviction

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MEA Regional Enforcement Networking

• Aims at integration of the MEA work with regards
  to control of transboundary movements of those
  chemicals
• By integrating control strategies
• Optimising the use of resources within the
  countries
• Minimising the loss of political attention and
  capacity built for the MP

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MEA covered by the project

• Montreal Protocol
• Ozone-depleting substances
• Basel Convention
• Hazardous wastes
• Stockholm Convention
• Persistent Organic Pollutants
• Rotterdam Convention
• Chemicals

Trade and Customs are key tools to implement
these treaties
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MEA Regional Enforcement Networking

• Target group
• Ozone Officers, Customs officers
• national MEA Representatives from each country in
  the SEAP and SA region
• Officer working on national implementation,
  policy development and enforcement of MEA or
  SAICM issues at the national level
• From countries having ratified at least the
  Montreal Protocol and the Basel and Rotterdam
  Conventions

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Short-term Outputs

• National focal points in Environment Customs
• dissemination of information at national level
• implementing enforcement strategies at national
  level
• Modalities for regional information exchange
  informal networking
• regular meetings
• linking participants permanently by email /
  Internet
• Develop/implement enforcement supportive tools

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Long-term Outputs

• Improve control over hazardous chemicals imports
  trans-boundary movements in the region
• Efficiently enforce control strategies
• increased knowledge of smuggling methods
• improved enforcement mechanisms
• Obtain reliable data imports/ trans-boundary
  movements hazardous chemicals
• Maintain capacity built on MP within national
  administrations
• Maintain awareness ODS control after 2010 through
  integration in national hazardous chemicals
  policies

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Cooperation with partners

• WCO RILO AP - WCO ROCB Interpol
• Environmental Investigation Agency (NGO)
• Participation in coordination workshops / each
  others meetings / workshops
• Inclusion ODS issues in own WP
• LoI UNEP ROAP RILO A/P
• Sky-Hole-Patching
• Customs Enforcement Network
• Training (HS Codes)
• EcoMessage

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Regional Partners Forum on Combating
Environmental Crime

• Establishment 25August 2005
• Facilitate mutual consultation
• Enhance enforcement cooperation
• Promote exchange of information
• Coordinate technical cooperation
• UNEP - UNODC
• WCO RILO A/P - WCO ROCB A/P
• Interpol Liaison Office for South East Asia
• World Conservation Organization
• TRAFFIC EIA Wildlife Alliance
• Basel Convention Regional Centers

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An example of cooperationProject Sky Hole
Patching

• Joint RILO A/P UNEP Sep06 to Oct07
• Monitored suspicious shipments of Ozone Depleting
  Substances and Waste by Customs in 21 countries
  in the Region
• High volume of seizures of ODS hazardous wastes
• Raised awareness of Regional Customs Members on
  importance of combating environmental crime
• Enhance mutual cooperation between Customs and
  EPA Raise the alertness of frontline Customs
  officers
• Extend cooperation network (EU)

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Future ideas of cooperation

• Partnership between UNODC (Lead), UNEP, TRAFFIC,
  Wildlife Alliance
• Border Liaison Offices in the Mekong Sub-region
  (BLO)
• Expand mandate to include environmental organised
  crime

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Conclusion

• While progress has been made on cooperation
  between EPA and Customs Departments improving the
  control of trans-boundary movements of
  environmental goods, leading to higher seizure
  rates
• The need is felt acutely to link this with the
  next steps of investigation prosecution and
  conviction
• Law enforcement officers, including from EPA,
  Customs, Police etc. expect that their control
  efforts are leading to conviction of criminals,
  without which their efforts have only a minimal
  effect.

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Some ideas Investigation prosecution -
conviction

• To raise awareness of the full enforcement chain,
  including prosecutors, judges, police,
  environmental inspectors, and investigators
• For expertise on how to follow up seizure of
  illegal shipments with investigation,
  prosecution and conviction
• Presentation Mr. Nagai a way forward

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Some ideas Investigation prosecution -
conviction

• Promote sensitisation of parliamentarians,
  judges and other legal stakeholders
• Regional enforcement network Green Customs
  Initiative
• Support developing guidelines on mainstreaming
  the environment in law and policy - Promote
  effective means to enhance enforcement in
  environmental matter sanctions
• Improve enforcement aspect of existing
  environmental laws/regulations Penalties -
  Forfeiture Laws - Reducing Legal Complexities
• High-profile cases - Case studies related to
  degree of harm
• Sentencing Guidelines
• Deterrence, efficacy full scope sentencing
  options

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Some ideas Investigation prosecution -
conviction

• Promote enhancement of technical capacity to
  deal with environmental cases at enforcement
  agencies
• Training Constructive use of the task force
  model
• Support enhancing the role of prosecutors
• Training Trial skills that incorporate use of
  demonstrative evidence