Enforcement powers under the EWSR

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Competent authorities

Under the EWSR, EU Member States must appoint 1 or more competent authorities to apply the Regulation. In the Netherlands, the Wet milieubeheer, Wm (Environmental Management Act) sets out this appointment. Under the Environmental Management Act, the minister van Infrastructuur en Waterstaat (Minister for Infrastructure and Water Management) issues permits and is also responsible for administrative enforcement of the EWSR.

The Omgevingswet (Environment and Planning Act) entered into force on 1 January 2024. Chapter 18 of the Environment and Planning Act partly applies to the Environmental Management Act for administrative enforcement. The Environmental Management Act also partly provides for the application of Chapter 18 of the Environment and Planning Act.

On this basis, the competent authority, the Minister for Infrastructure and Water Management, can impose an administrative measure on a company involved in export. The Minister for Infrastructure and Water Management has delegated this power to the Inspector General of the Human Environment and Transport Inspectorate (ILT). The Inspector General has delegated this power to aangewezen toezichthoudende ambtenaren (designated supervisory officials), ILT inspectors.

Oversight powers

The designated supervisory officials are allowed to carry out the following actions to check compliance with the EWSR:

• Enter all places, except a home without the resident’s permission. Designated supervisory officials may enter homes when they need to oversee hazardous waste. See Article 8.17 of the Environment and Planning Act.
• Be accompanied by people appointed by the designated supervisory official, such as police officers, if this is necessary to perform their duties.
• Request information.
• Require people to show proof of identity.
• Require access to documents and make copies of documents. This includes, for example, documents that must be present during the shipment.
• Examine items, such as waste shipments, record them, take samples and open packaging for this purpose.
• Stop vehicles and require the driver to take them to a designated location.
• Examine vehicles and their loads.

A designated supervisory official conducts oversight regardless of any suspected breach of the rules. If a designated supervisory official decides to out an inspection, you must cooperate and provide all information requested. If you do not cooperate, it is considered that you have committed a criminal offence.

Designated supervisory officials are appointed under Article 18.6 of the Environment and Planning Act and the Besluit aanwijzing toezichthouders fysieke leefomgeving (Decree designating supervisory officials for the physical environment). This appointment also applies to oversight of the Environmental Management Act.

Authorities also appoint officials to oversee compliance with the EWSR. These are employees of the ILT and the police. Designated supervisory officials may only use their powers when this is necessary to perform their duties reasonably.

Powers for criminal investigation

If there are indications that a criminal offence has been committed, an investigating officer may carry out investigation activities. There does not yet need to be reasonable suspicion that a person committed a criminal offence. Under the Wet op de economische delicten, Wed (Economic Offences Act), an indication is sufficient.

The Economic Offences Act appoints investigating officers. Article 17 of the Economic Offences Act gives investigating officers their powers to enforce the EWSR. Investigating officers may only investigate offences that are punishable under the law for which they are appointed. In this case, this is the EWSR and related Title 10.7 of the Environmental Management Act. The investigation certificate determines which criminal offences investigating officers may investigate. Besides offences under the EWSR, this may include ordinary criminal offences, such as forgery.

The following organisations have investigation powers for the EWSR:

• ILT.
• Douane (Customs).
• Police.

Under the Economic Offences Act and the Wetboek van Strafvordering (Criminal Procedure Code), investigating officers have the following powers:

• Seize items that are eligible for seizure. See Article 18 of the Economic Offences Act. Seizing waste is unlikely. The waste producer or the person managing the waste, the holder, is responsible for treatment.
• Access all documents and information when the investigating officer reasonably considers this necessary. See Article 19 of the Economic Offences Act.
• Enter all places. Investigating officers may only enter homes under strict conditions. See Article 20 of the Economic Offences Act.
• Take samples of goods and weigh or measure goods. See Article 21(1) of the Economic Offences Act.
• Open packaging to take samples. See Article 21(2) of the Economic Offences Act.
• Take items away for a short time if the investigation, recording or sampling cannot take place at the location. See Article 21(4) of the Economic Offences Act.
• Stop vehicles and inspect them at a specified location. See Article 23 of the Economic Offences Act.
• Ask a suspect for personal details and stop the suspect for this purpose. See Article 52 of the Criminal Procedure Code.
• Arrest a suspect caught in the act. See Article 53 of the Criminal Procedure Code.

International cooperation

The ILT works closely with other EU Member States and countries outside the EU. The ILT actively participates in the Transfrontier Shipment of Waste IMPEL working group. IMPEL, Implementation and Enforcement of Environmental Law, is an EU organisation for implementing and enforcing environmental legislation. All EU Member States take part in IMPEL.