Title: MEA Enforcement Regional Cooperation and Networking
1MEA Enforcement Regional Cooperation and
Networking
- Asia Pacific Region
- ?
- Montreal Protocol
- Basel, Rotterdam and Stockholm Conventions
2Outline
- Montreal Protocol Basel Convention Rotterdam
Convention Stockholm Convention - UNEP assistance at national level
- Regional Ozone Networks
- MEA Regional Enforcement Network
- Cooperation with Partner Organisations
3The 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
4Montreal 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
5Basel 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
6Rotterdam 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
7Stockholm 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
8UNEP 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
9Regional 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
10Ozone 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
11Country 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
12Project 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
13Role 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
14Fiji 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
15Some 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
16Some 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
17N
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
18Lessons 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
19Lessons 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
20MEA 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
21MEA 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
22MEA 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
23Short-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
24Long-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
25Cooperation 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
26Regional 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
27An 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)
28Future 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
29Conclusion
- 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.
30Some 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
31Some 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
32Some 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