Illegal traffic

Within its mandate to improve the implementation of and compliance with Article 9 on preventing and combating illegal traffic, the Committee was requested to undertake a number of activities.

By its decision BC-15/17, the Conference of the Parties mandated the Committee to:

Scoping exercise

  1. Review the information provided in table 9 of the national reports transmitted for the years 2018 and 2019 with a view to estimating: (i) how many cases of illegal traffic there were; (ii) with respect to which wastes; (iii) in which regions; and (iv) how they were resolved; and make recommendations based on the outcome of the review;
  2. Review table 9 of the national reporting format to ascertain whether it would benefit from adjustments to facilitate access to and analysis of the information transmitted by Parties about cases of illegal traffic;
  3. Identify discrepancies in the information reported by Parties on cases that could constitute illegal traffic and make recommendations based on the outcome of the review;
  4. Review the form for reporting confirmed cases of illegal traffic to ascertain whether it would benefit from adjustments and make recommendations based on the outcome of the review;
  5. Consider whether a review of the information provided in tables 4 and 5 of the national reports for the years 2018 and 2019 could help identify discrepancies in the information reported by Parties that may constitute cases of illegal traffic and make recommendations accordingly

National coordination mechanisms

  1. Monitor activities undertaken by the Secretariat, the Basel Convention regional and coordinating centres, the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL), the International Criminal Police Organization (INTERPOL), UNEP, the United Nations Office on Drugs and Crime (UNODC), the World Customs Organization (WCO) and other entities that are aimed at assisting Parties in enhancing coordination between their competent authorities and enforcement entities and make recommendations based on the outcome of the monitoring;
  2. Monitor activities undertaken by Parties to enhance coordination and increase the flow of information between their competent authorities and enforcement entities, and between themselves and the Secretariat;
  3. Develop recommendations to improve implementation of and compliance with Article 9 of the Convention.

Responses to question 1 (c) of the reporting format

  1. Review the texts of national legislation and other measures adopted by Parties to implement and enforce the Convention and their responses to question 1 (c) of the national reports for 2019 and, using the legislator’s checklist, classify Parties’ compliance performance in relation to the obligations set out in Article 9 of the Convention;
  2. Identify best practices and case studies relating to the enforcement of legislation and punishment of illegal traffic and consider how to assess whether Parties’ current efforts are on target to achieve best practice.

Dialogue

Establish a dialogue and coordinate with the Basel Convention regional and coordinating centres, relevant international organizations and compliance bodies of other multilateral environmental agreements on their activities aimed at supporting Parties in preventing and combating illegal traffic and develop recommendations for consideration by the Conference of the Parties;

Cooperative arrangements including the Environmental Network for Optimizing Regulatory Compliance on Illegal Traffic (ENFORCE)
Maintain under review the activities of ENFORCE, particularly any developments that stem from any of the recommendations made by the Committee to the Conference of the Parties, subject to their adoption, and consider, at the next Committee meeting whether the arrangements pertaining to ENFORCE need to be strengthened further.

Dissemination of guidance and tools
Monitor activities undertaken by Parties, the Secretariat, the Basel Convention regional and coordinating centres, IMPEL, INTERPOL, UNEP, UNODC, WCO and other entities aimed at disseminating guidance and tools developed under the Convention that aim to prevent and combat illegal traffic

The activities were considered by the Committee during its fifteenth meeting at what time the Committee, among other things:
  1. Considered a report scoping the extent of illegal traffic based on the information in table 9 of the national reports transmitted for the years 2018 and 2019, agreed on conclusions and recommended that table 9 be revised;
  2. Finalized a questionnaire to collect information from Parties on their activities to enhance coordination and increase the flow of information between their competent authorities and enforcement entities, and between themselves and the Secretariat and a questionnaire to collect information from relevant international organizations on their activities aimed at assisting Parties in enhancing coordination between their competent authorities and enforcement entities, and on their activities aimed at disseminating guidance and tools developed under the Convention that aim to prevent and combat illegal traffic
  3. Considered a report on answers to question 1 (c) of the reporting format which seeks information on measures to implement and enforce the provisions of the Convention, agreed on conclusions, and requested the Secretariat to make the classification available to the 110 Parties that transmitted a report for 2019 with an invitation to comment thereon.

Responses from Parties and international organizations

The responses received from Parties to the questionnaire to collect information on their activities to enhance coordination and increase the flow of information between their competent authorities and enforcement entities, and between themselves and the Secretariat, and from international organizations on their activities aimed at assisting Parties in enhancing coordination between their competent authorities and enforcement entities, and on their activities aimed at disseminating guidance and tools developed under the Convention that aim to prevent and combat illegal traffic are set out in the table below:

  • Parties
  • Organizations