Environment Agency & Brazil Waste Case Study

Howard McCannPrincipal CounselPrincipal Counsel Environment Agency

Buenos Aires28-29 August 201328-29 August 2013howard.mccann@environment-agency.gov.uk

Environment Agency – who we areMain Environmental RegulatorMain Environmental Regulator

for England. Created in 1996Population 54 million peoplePopulation 54 million people11,000 employees, 7 Regions1 500 enforcement trained staff1,500 enforcement trained staff120 lawyers44 prosecutors environmental44 prosecutors environmental

crime only

Environment Agency (2)Partly self-funded organisationPartly self funded organisationNational intelligence TeamInternational Waste Shipments TeamInternational Waste Shipments TeamNational & Regional crime teams – 120 officersOwn investigators (ex-police and technicalOwn investigators (ex police and technical specialists)Own prosecutorsp

Enforcement figures 2011 / 2012694 / 512 Prosecutions 686 / 502 successful694 / 512 Prosecutions, 686 / 502 successful

Total fines £4 6 million / £2 8 millionTotal fines £4.6 million / £2.8 million

20/10 Prison sentences20/10 Prison sentences Longest sentence 4 years (money laundering) / 2 years (breaching a permit)y ( g p )Proceeds of Crime largest figure £ 880,000 £917,000

Waste Shipment Regulation (WSR) 1013/2006

First Preamble Waste Shipment RegulationFirst Preamble Waste Shipment Regulation

The main and predominant objective andThe main and predominant objective andcomponent of this Regulation is theprotection of the environment, its effects oninternational trade being only incidental”

High level of environmental protection in European Treaty. Similar to Basel Convention

Most common UK exportsRecyclable wastes – paper plastic etcRecyclable wastes paper, plastic etc

ElectronicsElectronics

TyresTyres

Scrap metalScrap metal

European export banArticle 36 Waste Shipment Regulation 1013/2006p gExports to non-OECD countries of waste for recovery are prohibited:(i) hazardous waste(i) hazardous waste(ii) household waste Y46(iii) mixtures of hazardous waste, and non-hazardous wastewaste(iv) waste notified as hazardous by destination country or prohibited by them.(v) waste the cannot be managed in an environmentally sound manner in destination country

Brazil Waste Case Study1.5 million kilograms of household waste exported to Brazil between September 2008 – May 2009. 110 containers yexported 89 returned;Described as plastics for recyclingrecyclingFormal complaint by Brazil GovernmentInternational press coverageCo-operation with Brazilian Authorities

2 year investigation, more than 100 officers & 10 full time.

8 d f d t (3 8 defendants (3 companies)

More than 6000 pages ofMore than 6000 pages of evidence,

100 page case summary 100 page case summary FIRST AGENCY CASE

TO BE HEARD AT THE OLD BAILEY.

UK Offence Regulation 23 Transfrontier Shipment of WasteRegulation 23 Transfrontier Shipment of Waste Regulations 2007:

th d“between 15th November 2008 and 22nd July 2009, youtransported waste specified in Article 36(1)(b) of theEuropean Waste Shipment Regulation 1013/2006, wastesp p glisted in Annex V Part 3 of that Regulation, namely wastecollected from households, that was destined for recoveryin BRAZIL, a country, to which the OECD Decision doesin BRAZIL, a country, to which the OECD Decision doesnot apply contrary to Regulation 23 of the TransfrontierShipment of Waste Regulations 2007. “

DEFENDANTS3 Companies (2 dissolved)3 Companies (2 dissolved)

All licensed to deal in recyclable waste.All licensed to deal in recyclable waste.

2 companies run by 3 Brazilian nationals2 companies run by 3 Brazilian nationals

Father & son, one still at large, based in , g ,Swindon (West England)Contract to collect waste; 42 containers

DEFENDANTSLondon based recyclingLondon based recycling firm

47 containers loaded at sitesite

Sales Manager andSales Manager and Managing Director

1. Worldwide Biorecyclables, UK Multiplas, da Costa, Wiltshire

2. Edwards Recycling London

3. Felixstowe and Tilbury ports

1 23

y p

4. Waste collected from households in area of whole box

4

1 box

5. 30 Local Authorities in Southern England.

DEFENDANTSDa Costas and D’Oliveira set up contracts forDa Costas and D Oliveira set up contracts for plastics in Sao Paulo for £35 per tonne;Financial problems lost contracts in SwindonFinancial problems, lost contracts in SwindonSaw London firm advert for plastics on recycling website;recycling website;Contacted Sales Manager;Agreed price at £40 per tonneAgreed price at £40 per tonne

Containers imported into Brazil by two companies and freight forwarder;

Arranged for transport to recycling company in Sao Paulo;

Containers stopped in Santos and Rio Grand ppbecause demurrage not paid

Containers opened by Federal Tax Inspectors in Santos

SANTOS PORTSANTOS PORT

Brazil findings – JULY 200948 containers in Santos & 41 in Rio Grande48 containers in Santos & 41 in Rio Grande Containers inspected by IBAMAco-mingled plastics, tins, paper, cardboardco mingled plastics, tins, paper, cardboard and textiles. batteries, syringes, empty medical packaging, condoms and nappies. Containers violated Brazilian law and the Basel ConventionBasel Conventioncontents were hazardous and a risk to public.

Brazilian PenaltiesImporting companies recycling company andImporting companies, recycling company and shipping lines fined by IBAMA;

Total of $1,300,000;

Formal request for repatriation;

International press coverage;