TRAINING WORKSHOP ON ENVIRONMENTALLY REGULATED SUBSTANCES

LECTURE 4 – DETECTING HAZARDOUS OVERVIEW

 Legal frameworks

 Enforcement Considerations

 Document review

 Container inspection

 What to look for

2 WHAT IS ?

Under the Basel Convention, hazardous are:  Wastes with specific toxic components:  Cadmium, lead, arsenic  Wastes resulting from activities known to be toxic  medical care, pharmaceutical industries, photographic industries  Household Waste  Unusable electronics

 Transboundary movements of any wastes must follow Basel procedure for Notification, Consent and the accompanying Movement Document as well as any

relevant national legislation. 3 HAZARDOUS WASTE/ANNEX VIII/ LIST A/BASEL CONVENTION e.g. A1010 Metal waste of lead, mercury……

A1180 Waste electrical and electronic assemblies containing hazardous components such as accumulators, mercury switches, glass from cathode-ray tubes etc.

A1190 Waste metal cables containing or contaminated with coal tar, PCB, lead, cadmium etc. 4 OTHER WASTE/ANNEX IX/ LIST B/BASEL CONVENTION e.g. B1010 Metal waste, non dispersible form, like iron and steel , copper scrap etc.

B1110 Electrical and electronic asemblies not containing hazardous components

B1115 Waste metal cables not included in A1190

5 WHAT IS ILLEGAL TRAFFIC?

ANY transboundary movement of wastes:

 Without notification to all States concerned;  Without consent of a State concerned;  With consent obtained from States concerned through falsification, misrepresentation, or fraud;  That does not conform in a material way with documents;  That results in deliberate disposal (e.g. dumping) of wastes 6 Basel Convention Parties are required to consider illegal traffic as a crime and to take action BASEL CONVENTION REGULATORY SYSTEM

 Establishment of notification procedure to ensure prior informed consent of State of import and States of transit before export of waste can take place  Requirement that all practicable steps are taken to ensure environmentally sound management of waste  Restriction on exports to any country not Party to the Convention; and  Duty of exporting state to re-import where export has not complied with provisions of Convention. 7 NOTIFICATION PROCEDURE EXPORT -> IMPORT & TRANSIT

 Competent Authority of Export transmits a Notification Document to Competent Authority of Country of Import and Competent Authorities of all Countries of Transit.

 Provides detailed, accurate and complete information  on waste itself  on proposed disposal operation  other details relating to proposed shipment.

8 CONSENT IMPORT & TRANSIT -> EXPORT

 Competent Authority of Import must provide its written consent or denial to notifier.

 CA must confirm existence of a legally binding contract between exporter and disposer  Contract must specify environmentally sound management of waste

 Competent Authority of Transit countries must provide written consent or denial to notifier.  Countries of Transit may waive requirement of prior written consent for transit shipments if it informs all 9 Parties through Basel Secretariat MOVEMENT DOCUMENT

 Competent Authority of Export issues Movement Document  Movement Document must accompany consignment at all times.

10 EXPORT OF WASTE OUT OF THE EUROPEAN COMMUNITY European Waste Shipment Regulation (WSR)

Art.35 Export of waste for disposal

Export of any waste for disposal is forbidden

Art. 36 Export of waste for

Export of hazardous waste to non-OECD countries is forbidden

Export of other waste to non-OECD countries is 11 forbidden, if the country of import has forbidden import

Waste, which is allowed to be exported from European Community to Vietnam

Basel-Member-State Non-OECD-Country

Export of hazardous waste from the European Community to Vietnam is forbidden.

Export of non-hazardous waste from the EC to Vietnam allowed only for some special Basel keys out of Annex IX Basel convention, e.g.

B1010 Metal waste in non-dispersible form B2020 Glas waste in non-dispersible form B3010 Solid plastic waste 12 B3020 Paper waste COMMONLY OBSERVED MODI OPERANDI

 Documentation  Basel Convention Notification Procedure not complied with  Deliberate and accidental mislabeling

 New goods, second hand goods

 Non-hazardous materials

 Generic / Non-specific labeling of waste  Falsifying test certificates indicating the state of the good  Packaging  Mixing legal and illegal goods

 Shipment with 100 broken TVs hidden among 200 working TVs discovered in Germany bound for Ghana  Concealment

 Hiding broken electronics within secondhand vehicles 13  Hiding waste towards rear or center of container

Intelligence led inspections in seaports

Access to data

Using risk + indicators More

detailled = inspection CONDUCTING AN ADMINISTRATIVE INSPECTION: GOOD PRACTICES

 After shipment has been selected for investigation, review the shipment’s paperwork, which may include:  Customs Documents  Transport Documents  Movement Documents  Certified copy of Consent Document  Notification Form  Safety Date Sheets / Certificates  Contracts and invoices  Make copies from relevant documents (e.g., invoices, contract, packing list) 15

OBSERVED EXAMPLES OF FALSE LABELING

HS Code Declared as Contained 3915 Plastic scrap Waste plastic mixed with other waste, medical waste, household waste, e-waste, CRT monitors 7204 Metal scrap Waste batteries, cables, contaminated scrap, , CRT monitors

2420 Personal goods E-waste 8701, 8703 Second-hand vehicle CFC containing fridges, e-waste 8708 Engine spare parts Contaminated/not cleaned engine parts

8528 CRT monitors Waste/broken monitors

Mislabeling waste is most common illegal practice 16 reported to INECE CONDUCTING A PHYSICAL INSPECTION: GOOD PRACTICES

 A physical inspection or X-ray may be necessary to verify the actual load and the composition of the waste.  Ensure officials have the legal authority to open the container.  Take safety precautions when opening container  Take photographs or videos of the contents of the container, with a timestamp if feasible.

17 CAREFULLY INSPECT CONTAINERS

 Containers must be appropriate to hazardous materials they contain:  Corrosive materials should be in plastic containers  Solvent materials should be in metal containers  Verify that containers have no leaks or visible spills  Verify that container is not bulging  Verify that container is not dented or mishandled  Products must be kept in good condition in order to be acceptable to a lawful consignee.  Inspect recently painted drums to determine whether paint covers old labels or markings 18 EXAMPLES

Metal scrap

Household waste Container of declared as paper computer monitors waste

19 GLOBAL WASTE FLOWS & HOTSPOTS

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