Combatting waste crime

To evade the law, waste is often smuggled through false declarations and documentation, concealment, and other illicit methods. The realisation of this variety of activities involves the active participation of multiple actors with different roles. The result is the illicit management and shipment of waste, a phenomenon which detrimentally affects the environment, jeopardises human health, and weakens the legitimate economy.

By its very nature, waste can be mixed or disguised. Local municipalities have the power to establish rules regarding urban waste management, while hazardous waste follows the dynamics of the free market. Mirror entries for hazardous waste in the EU List of Wastes then provide an opportunity to falsely declare hazardous waste as non-hazardous for export.

Plastic, metals, paper, and cardboard sent for export may contain excessive levels of contamination, suggesting the material is being sent for disposal rather than recovery. Illegal shipments of waste often stem from the uncontrolled collection, sorting, and storage. Adequate planning of shipment inspections is an effective tool to counter illicit waste trafficking. Systematic inspections, if not uniformly enforced across the EU, are likely to engender elusive behaviours and diversion towards laxer national systems, along with the corruption of and collusion with competent authorities. Waste identification and traceability systems are essential tools to combat illicit trafficking.

Waste operators may seek opportunities to avoid administrative costs and forge required documents; moreover, criminals may try to corrupt competent authorities to obtain their consent. Documents to identify products are often counterfeited, classifying hazardous waste as non-hazardous. However, this is also a common administrative violation affecting the system at the supranational level. The falsification of documents sprouts up under various modi operandi. In this respect, the traceability represents a critical shortcoming for most of the Member States. In the majority of cases, it is based on self-certification and thus documents can easily be forged and counterfeited.