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-16/14, the Conference of the Parties mandated the Committee to:
Scoping exercise
(a) Review the information provided in table 9 of the national reports transmitted for the years 2020 and 2021 with a view to estimating: (i) how many cases of illegal traffic there were; (ii) with respect to which wastes (including regionally based information); (iii) in which regions; and (iv) how they were resolved; and make recommendations based on the outcome of the review;
(b) Assess the reasons for which Parties do not complete or have difficulties in completing table 9 of the reporting format and what measures could be recommended to the Conference of the Parties towards improving the rate of completion of table 9 as well as the quality of information provided therein;
(c) 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.
National coordination mechanisms
(d) 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), the International Maritime Organization (IMO) 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;
(e) 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;
(f) Develop recommendations to improve implementation of and compliance with Article 9 of the Convention.
Responses to question 1 (c) of the reporting format
(g) Review the texts of national legislation and other measures adopted by Parties to implement and enforce the Convention, their responses to question 1 (c) of the national reports for 2021, the outcome of Parties’ self review of their legislation and, using the legislator’s checklist,[3] classify Parties’ compliance performance in relation to the obligations set out in Article 9 of the Convention.
Dialogue
(h) Establish a dialogue and coordinate with the Basel Convention regional and coordinating centres, relevant international organizations and cooperate with 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)
(i) 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
(j) 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.
Report on responses to question 1 (c) of the reporting format
During the first part of its sixteenth meeting, the Committee considered a report on responses to question 1 (c) of the reporting format for 2019 (document UNEP/CHW/CC.16/4/Add.3) and a draft report on responses to question 1 (c) of the reporting format for 2021 and Parties’ self-review of their legislation (document UNEP/CHW/CC.16/4/Add.4). The Committee invited feedback from the 126 Parties that transmitted a national report for 2021 and/or undertook a self-review of their legislation, on the draft classification of Parties’ compliance performance in relation to the obligations set out in Article 9 of the Convention, using the checklist for the legislator, on the basis of Parties’ responses to question 1 (c) of the national reports for 2021 and the self review of their legislation. The feedback received from Parties is set out in the table below.