Investigation, prosecutions and adjudication of waste crime
Challenges and Good practices in prosecuting waste crimes
Cross-border cooperation is considered to be one of the biggest challenges in investigating and prosecuting cases of illegal waste trade. In 2014 the European Union Agency for Criminal Justice Cooperation (Eurojust) published a report on Environmental Crime. It aimed in particular, to identify the main obstacles and issues concerning the efficient and successful investigation and prosecution of environmental crimes in the Member States and the specific role of Eurojust in assisting to overcome these obstacles. The report focused on three specific areas: trafficking in endangered species, surface water pollution and illegal trafficking in waste.
Referring to Europol's threat assessment in the field of illegal trafficking of waste, the report stated that illegal trafficking in waste remains under-reported and under-investigated, while the introduction of strict regulations and an increase in the amounts charged for the legal disposal of waste, led to a growing demand for illegal waste disposal services, especially with regard to waste intended for exportation. This trend was further strengthened by the economic crisis and the financial constraints, which made companies increasingly trying to avoid payment of costs incumbent upon them for disposal of waste products and to circumvent the regulations in force, at national and EU level. Given the constantly increasing pressure of crimes that have serious impacts on the environment, in 2018 the United Nations Environment Programme published a more recent report on environmental crime focusing on the magnitude of the problem, the key trends (key penetrators and hotspot regions and countries) as well as on gaps in tackling environmental crimes together with the relevant responses to these crimes.
The main challenges in cross-border investigations
Prosecution of illegal trafficking in waste requires close cooperation between the national authorities concerned, efficient mutual legal assistance and rapid exchange of information. This is however not always the case and may additionally prove particularly difficult and time-consuming with non-EU Member States due to the lack of regular cooperation and well-established contact points.
The report highlighted the following main issues when it comes to cross-border investigations, a characteristic of illegal trafficking in waste.
Identification issues
The companies involved are often based in various countries, which cause difficulties in identifying the persons responsible. For example, to question the persons who initiated the waste shipment and determine the extent of the offence. There is further a duty to identify the origin of the waste and to investigate the entire chain of companies that (partially) produced the waste and shipped it abroad. In addition, any intermediaries must be identified and suspects from different countries interrogated.
Transfer of proceedings
Legal proceedings against foreign carriers or waste transporters are often transferred to their home countries. The relevant decisions are often lengthy and there is a lack of feedback on the outcome of the proceedings.