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-17/14, 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 2022 and 2023, with a view to estimating: (i) how many cases of illegal traffic there were; (ii) which wastes those cases involved (including regionally based information and identifying wastes covered by the Montreal Protocol on Substances that Deplete the Ozone Layer as well as mercury wastes; (iii) in which regions those cases occurred; and (iv) how they were resolved; and make recommendations based on the outcome of the review;
(b) When conducting the scoping exercise of illegal traffic carry out a deeper examination of the types of illegal cases that warrant greater attention, considering that instances of unlawful shipments vary from mere documentation errors to intentional illegal trafficking;
(c) 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, or how to make the table more user-friendly;
(d) Identify discrepancies in the information reported by Parties on cases that could constitute illegal traffic;
(e) Make recommendations to the Conference of the Parties on the basis of the outcome of the review carried out under subparagraph (a) above, taking into account general trends identified by the scoping exercises carried out by the Committee under its previous work programmes, as well as relevant information from the secretariats of the Montreal Protocol and the Minamata Convention on Mercury and from the United Nations Office on Drugs and Crime, the World Customs Organization and the International Criminal Police Organization (INTERPOL).
National coordination mechanisms
(f) Develop a template for coordinating mechanisms between competent authorities and enforcement entities to prevent and punish illegal traffic, and establish effective communication channels;
(g) Develop recommendations to improve implementation of and compliance with Article 9 of the Convention.
Responses to question 1 (c) of the reporting format
(h) 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 2023, the outcome of Parties’ self-review of their legislation and, using the legislator’s checklist (see annex I to the Manual for the Implementation of the Basel Convention) classify Parties’ compliance performance in relation to the obligations set out in Article 9 of the Convention;
(i) Monitor trends in Parties’ legislative implementation of Article 9 of the Convention.
Dialogue
(j) Continue dialogue and coordination 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 punishing 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)
(k) Maintain under review the activities of ENFORCE and consider whether the arrangements pertaining to ENFORCE need to be strengthened further.