The Human Environment and Transport Inspectorate (ILT) oversees compliance with the European Waste Shipment Regulation (EWSR) 2024/1157 when waste is shipped to, from, through and within the Netherlands. The ILT checks waste shipments by road, water and rail. The ILT also inspects businesses. The ILT carries out checks based on risks. The ILT gives priority to waste shipments to non-OECD countries.
The European Waste Shipment Regulation, EWSR is known as Europese Verordening Overbrenging Afvalstoffen, EVOA in the Netherlands.
Cooperation agreements with other government agencies in the Netherlands
Working with the Douane (Customs) and the police during these inspections is essential for the ILT. The ILT therefore has cooperation agreements with these services. In practice, the Douane carries out EWSR inspections and combines these with other customs duties. The police mainly carry out transport inspections and also check compliance with the EWSR. The ILT has set up a reporting centre to advise the Douane and the police. The ILT handles the more complex cases reported to them by the Douane and the police.
The ILT inspector’s powers of intervention
If an ILT inspector finds an unwanted situation or breaches of the rules, the ILT inspector uses their powers of intervention. The ILT inspector does this to encourage or enforce compliance with the rules and to restore the situation.
The ILT inspector has several intervention options for this purpose. These include administrative and criminal enforcement measures. These measures can be preventive, corrective, repressive, punitive or reputational. They have different aims:
- Preventing breaches.
- Correcting breaches.
- Penalising breaches.
For the EWSR, correcting breaches may mean that you must return the waste or add the further information to the notification or movement documents.
Administrative enforcement measures
Unlike in criminal law, there is no statutory requirement for evidence in administrative enforcement. However, the application of an enforcement measure must be based on a thorough investigation of the facts and must be properly substantiated.
The inspector must properly document the prohibited act before imposing an administrative sanction. This can be done, for example, by means of inspection reports, photographs and sampling. It must also be clear who is committing the prohibited act.
This is primarily the inspector’s responsibility. In doing so, they may also use information obtained through criminal law enforcement. This is only permitted with the consent of the Openbaar Ministerie (Public Prosecution Service).
The following measures are used for this purpose:
- Bestuurlijke waarschuwing (administrative warning).
- Last onder bestuursdwang (administrative order).
- Last onder dwangsom (order subject to a penalty payment).
- Withdrawal of, and objection to, a granted authorisation.
Criminal enforcement measures
Criminal enforcement of the EWSR is set out in the Wet op de economische delicten, Wed (Economic Offences Act). Only authorised investigating officers may take criminal action. The Public Prosecution Service directs these officers. The officers can use the following measures:
- Proces-verbaal (official report)
- Administrative penalty order
National Environment and Planning Law Enforcement Strategy
The Landelijke Handhavingstrategie Omgevingsrecht, LHSO (National Environment and Planning Law Enforcement Strategy, in Dutch) also includes administrative and criminal intervention options. Authorities can apply these interventions at the same time or one after another.