COMBATING ENVIRONMENTAL CRIME IN AN INTERNATIONAL CONTEXT 

Y.A. VAN DER MEER

National Criminal Intelligence Service, P.O. Box 20304, 2500 EH The Hague, The Netherlands

1    THE DEVELOPMENT OF ENVIRONMENTAL CRIME

The phenomenon of environmental crime has been assuming greater proportions since 1985. One of the reasons for this is the growing "waste mountain" within Europe. Europe produces too much waste material and there are too few possibilities for processing it. In most cases the NIMBY (not in my backyard) principle applies when incinerators and waste dumps are being established. Because governments are introducing stricter regulations with regard to the processing of waste, it is also becoming more expensive to have this waste processed. In the Netherlands, for example, dumping fees have trebled in recent years. (To give an idea of the extent of the waste problem, an annex has been attached containing figures on the import into, export from and transit of chemical waste through the Netherlands).

Criminal studies conducted in the Netherlands reveal that the pressing waste problem is a breeding ground for the sharp growth in environmental crime. "Environmental crime" can be defined as "a type of crime involving a conscious violation of the environmental standards laid down in environmental law". Environmental offenses are usually committed for economic reasons, with an excess of waste that nobody wants, finding its way onto the illegal circuit for a considerable sum of money.

2   INTERNATIONALIZATION OF ENVIRONMENTAL CRIME

Legal inquiries in recent years have often focused on international types of environmental crime. Recent studies by the National Criminal Intelligence Service reveal that environmental crime is assuming an increasingly international character.

Types of international environmental crime include:

"Waste tourism". This involves the illegal transportation of waste material across borders within Europe. These waste transport routes are often part of large-scale international environmental crime. Such transport lines are difficult to detect.

When the internal borders fall away in 1993, the external borders will become very important for the illegal transport of waste. Once a shipment of waste has crossed an external border, it is of course also inside Europe. There is then the risk that such illegal shipments can be dispersed, without being checked, throughout Europe and other countries and ultimately disappear somewhere illegally or be dumped.

This then gives rise to a second derived form of environmental crime (also existing as an independent phenomenon), namely:

The illegal dumping of waste at random sites in Europe and other countries. Dutch studies have revealed that waste material from the Netherlands is already finding its way to dumping sites in Belgium, France, the United Kingdom, Yugoslavia, the Soviet Union, Poland, and Rumania.

For the environmental criminal operating at an international level it is profitable to collect waste material in one country and dump it illegally in another, whether or not under false pretences.

One problem when dealing with this type of illegal operation is that it is not easy to exchange information internationally. The tackling of this crime is hampered by differences in legislation and enforcement practices. The risk of being caught for illegal dumping is therefore slight, and the economic advantage for the suspect is considerable.

It has been shown that environmental crime conducted on an international scale is most profitable, and also that the combating of such crime gives rise to problems.

Illegal operations carried out in different countries are less conspicuous than if they were conducted in a restricted (national) area. It is for this reason that there is such a slight risk of getting caught. The inevitable consequence is that professional environmental criminals will increasingly do their best to look within Europe for illegal dumping sites where unwanted waste can be deposited. This means that almost all European countries will face the risk of having to contend with this type of crime.

It therefore seems essential to coordinate the fight against international environmental crime.

3    THE CURRENT SITUATION

The combating of international environmental crime makes use of ad-hoc cooperation structures and treaties. This type of international cooperation is sufficient for simple offenses, but becomes much more difficult if we are dealing with professional criminals who operate internationally.

In 1989 the National Criminal Intelligence Service conducted a study examining whether and to what extent illegally operating dealers and transporters were also involved in other types of crime. The study investigated 116 businesses and examined the criminal records of the management of these firms. It was found that of the 263 managerial personnel (directors, managers, board members) one quarter had committed other offenses. Their criminal records included the following types of crime: fraud, theft, breaches of the firearms regulations, and illicit drug trafficking.

Recent studies of environmental crime also reveal that persons involved in more "traditional" types of crime, such as illicit drug trafficking, also turn to environmental crime.

The above warrants yet again the conclusion that we are dealing here with a serious type of crime which the more professional criminal has taken control of. Analyses show that the involvement of professional criminals in environmental crime requires a thorough legal investigation.

In order to be able to tackle this type of environmental crime, an extensive preliminary investigation in an international context is often required. Experience shows that, in particular, the gathering of relevant information gives rise to problems because:

In addition to information from judicial bodies, information from other government bodies is also relevant to the tackling of the environmental crime problem, nationally and internationally.

There needs to be, for instance, a continuing examination of the extent to which permits and exemptions are issued.

Almost every European country has a government apparatus charged with monitoring the observance of environmental regulations. Nevertheless, the exchange of information

encounters problems here too because of the complexity of the systems in question, ignorance of these systems, as well as a lack of contact points.

After a preliminary (pro-active) investigation is completed, a decision may be made to proceed to a criminal investigation. Here the cooperation of legal authorities in other countries is essential. An often long and difficult course has to be followed before such agreements can be reached.

4 DESIRED SITUATION

As outlined above, the already present internationalization of environmental crime is expected to continue. The waste issue is a growing problem, and for this reason there will continue to be a market for illegal practices.

There seems to be an increasing need within Europe and other counties for harmonization and coordination in the fight against international types of environmental crime.

It would seem desirable for the cooperation and harmonization to occur at two levels:

ANNEX

Information from the Ministry of Housing, Physical Planning and Environment (Source: General Directorate for the Environment, annual figures on chemical and toxic waste 1990, June 1991), shows that 195,000 tonnes of chemical or other toxic waste were exported from the Netherlands in 1990 and 200,000 tonnes of waste were imported. The quantity of toxic waste which passed through the Netherlands amounted to 38,000 tonnes.

The number of shipments of waste increased by 55% in comparison with 1989. This is three times greater than in 1987.

The large-scale transporting of waste gives rise to monitoring problems and provides criminals with opportunities to engage in illegal activities.