The ninth iteration of WCO Operation DEMETER, which targets illicit wastes, ozone depleting substances (ODS) and potent greenhouse gases, took place from 1 October 2023 to 31 October 2023. It saw the participation of a record number of 106 Customs administrations and led to the detection of a record number of 338 infringement cases.

Operation DEMETER dates back to 2009 and is perhaps the most well-known of the efforts deployed by the Customs community to implement the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and since 2019, to implement the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer, including the Kigali Amendment.[1]

Such Operation enables participants to gauge targeting capacities and share intelligence to identify high-risk consignments shipped on all routes and via all modalities. Participants rely on CENcomm, the WCO’s secure and encrypted communication tool, to exchange information, such as on concealment methods. Cooperation is not only to take place at the international level, but also nationally with agencies in charge of implementing regulations on the movement of the targeted products.

Representatives from participating administrations and WCO partners[2] held a debriefing meeting on 1 December 2023, where they assessed the latest Operation DEMETER.

According to preliminary results, 338 infringement cases were reported, representing a total of:

• over 17,486 tonnes of waste and an additional 144,313 pieces of waste (unweighed)

• almost 70 tonnes of substances controlled under the Montreal Protocol and 6,046 pieces of pre-charged equipment (unweighed)
• almost 31 tonnes and 74,797 pieces (unweighted) of other commodities, including restricted or prohibited commodities such as hazardous chemicals.

The number of reported cases increased by more than 140% compared to the previous edition of the Operation. This is due to a larger number of Customs administrations  actively participating, conducting controls and effectively reporting control results. European and African Customs administrations, which reported 186 and 87 cases respectively, drove this surge.

Collaboration between Customs administrations and environmental agencies also stands out as a highlight of this year's Operation, with joint inspections and control efforts reported by many participants.

Waste
The main illicit waste streams identified involved textiles, metal, plastic, end-of-life vehicles and machinery, paper, and electronic and electrical waste (e-waste).

Most of the seizures originated from Europe and were destined for Europe, Asia and Africa.

Some of the seized shipments lacked the required documentation to confirm the eligible transboundary movement of waste, or were misdeclared.

ODS and HFCs

There was a significant increase in illegal trade cases involving Montreal Protocol substances and related equipment evidenced by:

- A surge of over 250% in the number of seizures compared to the previous edition, which reported 13 seizures.  

- An increase exceeding 180% in the quantity of seizures compared to the previous edition, which accounted for 25 tonnes of substances.

Most of the seizures were made in Gambia and Bulgaria. The biggest seizure was reported by Italy. Most of the seizures originated from Europe and were destined for Europe and Africa.

Some shipments lacked the required licences, while others contained prohibited commodities, such as non-refillable cylinders containing controlled substances.

Capacity building

The WCO Secretariat provided guidance to participants ahead of the Operation, in line with the Guidelines on the implementation of WCO operations at national level. Additionally, they all received instructions and advice on developing risk profiles for targeted commodities.

Some Customs administrations benefited from two capacity building workshops, during which analysts carried out in-depth and practical exercises related to illegal trade in waste, ODS and HFCs. Discussions encompassed global trade trends and threats related to environmentally sensitive commodities, the analysis of data and risk management techniques, and physical examinations, as well as practices and mechanisms to enhance cooperation.

Gaps identified and recommendations for Customs

The DEMETER Operations aim at stimulating law enforcement efforts and at ensuring that a steadfast commitment to combating environmental crime is among Customs’ top priorities. They also enable the WCO Secretariat and its partners to identify capacity building needs and to shape forthcoming support activities.

This year’s edition notably highlighted the need for implementing:

• Effective cooperation mechanisms: involving environmental authorities, other law enforcement agencies, the private sector and the public.
• Training focused on risk analysis and intelligence sharing: empowering law enforcement officers to work more efficiently.
• Sound reporting mechanisms: increased submission of high-quality data to the WCO CEN database would allow for a better grasp of the latest global trends in illicit trade.

Appreciation

Operation DEMETER IX was financially backed by China Customs and received extensive technical support from the Regional Intelligence Liaison Office for Asia/Pacific (RILO A/P). Additionally, a range of international partners, such as the Basel Convention Secretariat; the United Nations Environment Programme (UNEP) OzonAction; the European Anti-Fraud Office (OLAF); the UNODC Unwaste Project; INTERPOL; the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL); alongside the WCO RILO network, played pivotal roles in bolstering capacity building activities and facilitating information sharing within their respective networks.

[1] This amendment commits countries to phasing down the production and consumption of hydrofluorocarbons (HFCs) which contribute to global warming and climate change.

[2] Partners include the Secretariat of the Basel, Rotterdam and Stockholm Conventions, the United Nations Environment Programme OzonAction, the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL), the UNODC Unwaste Project, INTERPOL, the European Anti-Fraud Office (OLAF), the United Nations Environment Programme Ozone Secretariat, and the Green Customs Initiative Secretariat.