Abfallbewertung Bundesabfallwirtschaftsplan Andreas Moser t Tel: Establishment of inspection plans: The role of customs and environmental inspectorates Andreas Moser Austrian Federal Ministry of Agriculture, Forestry, Environment and Water Management Bratislava Workshop December 9 th 2015

Illegal traffic Types of illegal traffic  Incomplete documents  No notification  Fraud Reasons for illegal traffic  Sloppy management  Ignorance  Criminal conduct

Setting up an inspection system Obligation under Art. 4 of the Basel Convention  Art. 4/4 Each Party shall take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention including measures to prevent and punish conduct in contravention of the Convention.  Art. 4/3 The Parties consider illegal traffic in hazardous wastes or other wastes is criminal. Co-operation between different stakeholders is essential. Secretariat of the Basel Convention, World Customs Organisation, Interpol, IMPEL-TFS

Regulation 660/2014/EC  Amendment of Art. 50 of the WSR 1013/2006/EC  Compulsory inspection plans by 2017  Inspection plans shall be based on a risk assessment covering specific waste streams and sources of illegal shipments and considering, if available and where appropriate, intelligence-based data such as data on investigations by police and customs authorities and analyses of criminal activities. That risk assessment shall aim, inter alia, to identify the minimum number of inspections required, including physical checks on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal.  Directive 2003/4/EC (public access to environmental information) is applicable – however this covers the outcome of inspections only

IED - Directive 2010/75/EU  “environmental inspection” means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact;  Art. 23: Member States shall set up a system of environmental inspections of installations addressing the examination of the full range of relevant environmental effects from the installations concerned. Member States shall ensure that all installations are covered by an environmental inspection plan. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks.

Directive 2012/18/EU –SEVESO III  “inspection” ‘inspection’ means all actions, including site visits, checks of internal measures, systems and reports and follow-up docu­ments, and any necessary follow-up, undertaken by or on behalf of the competent authority to check and promote compliance of establishments with the requirements of this Directive.;  Art. 20: Member States shall ensure that the competent authorities organise a system of inspections. Inspections shall be appropriate to the type of estab­lishment concerned. They shall not be dependent upon receipt of the safety report or any other report submitted. Member States shall ensure that all establishments are covered by an inspection plan at national, regional or local level and shall ensure that this plan is regularly reviewed and, where appropriate, updated. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks.

Waste Directive 2008/98/EC Article 34 Inspections 1.Establishments or undertakings which carry out waste treatment operations, establishments or undertakings which collect or transport waste on a professional basis, brokers and dealers, and establishments or undertakings which produce hazardous waste shall be subject to appropriate periodic inspections by the competent authorities. 2. Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.

The role of customs Different situation a) Intra EU – no custom procedure Spot inspections Road inspections b)Export from EU (import into EU) customs clearance at any customs office Export/Import statistics c)Customs investigation office Risk assessment, intelligence activities

Road inspections Police inspections of the transport of dangerous goods (ADR) Police inspections of road safety (technical condition of trucks, control of maximum driving hours) Other competent Agencies e.g. Bundesamt für Güterverkehr (Germany) Environment Agency (England and Wales)

Development in Austria Start of inspections by the Federal Ministry in 1992 (before ratification of the Convention)  Co-operation with Ministry of Interior (training for specialized police officers – umweltkundige Organe, road inspection units)  By 1995 – EU membership (reduction of customs) Restriction of border control – mobile control units (regular training by the Ministry of Environment)  Co-operation with the regional authorities (regular meetings)  Co-operation with other MS (joint inspections, IMPEL-TFS)

Development in Austria Setting up risk profiles in co-operation with a)Local environment inspections (IE-installations, SEVESO- installations) b)Criminal police c)Railroad authority Other information sources: Tracking system for hazardous wastes, waste balance provided by waste collectors and disposers. Detected cases of (alleged) illegal traffic. Detected cases of illegal dumping.

First national inspection plan 2016 – first (official) national inspection plan  Input from IE-inspections (compliance, waste generation) – direct feed back (request of company inspections)  Input from customs (material flow to non EU countries)  Focus on specific waste streams (low grade plastic wastes, E- waste, end of life vehicles and parts, etc.)  Focus on “green listed” wastes (economic crisis increases the risk of illegal dumping)  Control of waste generators and waste collectors  Investigation in the informal sector (WEEEs, EOL vehicles)

Problems and Solutions Federal country – shared competences between local and federal government – only waste shipments and recycling systems are in the sole competence of the Federal Ministry of Environment. Solutions Centralized plant register and based on that a common check- list for inspections (IE-Directive, SEVESO-inspections, etc.). Specific guidelines for implementation (e.g. SEVESO III installation and hazardous wastes) Installation of an on call service for police/customs (planned)

Questions ?