TFS Prosecutors Project

Project description and aims

The compliance deficit of the Basel Convention and its European implementation, the European Waste Shipment Regulation (1013/2006) or ‘WSR’ is very serious. Figures indicate that about 20% of all waste shipments are in violation. The EU Directive 2008/99 on the protection of the environment through criminal law requires member states to also enforce the WSR by criminal law.

Prosecution of environmental crime is a national competence. As a consequence, the differences in approach and the number of convictions in European countries are significant. There appears to be a lack of communication between authorities both on a national and on an international level. In practice, criminals who are involved in shipping waste may illegally take advantage of the differences in enforcement and the lack of communication between authorities.

To improve the collaboration and alignment within prosecutions of the WSR, frequent contact between all relevant authorities is necessary. Prosecution is an important part of the enforcement and compliance cycle. Therefore, European prosecutors need structured, personal and frequent contact, supported by a database with relevant information, where they can strengthen their network, exchange experiences of case law and good practices and align prosecution actions of European environmental law and regulations in Europe.

The aims of this project are to strengthen and continue the network of prosecutors in the European Union involved in the prosecution of environmental crime with a special focus on the WSR 1013/2006 through:

• The implementation and use of a database on the IMPEL website containing case law,
  prosecution information such as the level of fines, working methods, prosecution approach,
  interpretation and practical experiences. This database for the exchange of non-operational
  information will be primarily accessible for prosecutors and for legal units of inspectorates.
• The organisation of a workshop for prosecutors in 2015.
• Strengthening ties with IMPEL, the BASEL secretariat and Eurojust. The European Network
  of Prosecutors for the Environment ENPE must especially be mentioned. A close collaboration between the TFS prosecutors project and ENPE is envisaged.