Enforcement and Compliance Working Group

Resources

Enforcement and Compliance Working Group

The North American Working Group on Environmental Enforcement and Compliance Cooperation (Enforcement and Compliance Working Group,or EWG) is a network of senior-level environmental and wildlife enforcement officials from Canada, Mexico and the United States. The EWG fosters trinational cooperation and collaboration in matters related to environmental trade law compliance and enforcement in North America.

The EWG was created by the Council of the Commission for Environmental Cooperation (CEC) in 1996, in Resolution 96-06.

Objectives

The EWG stands at the critical interface between trade and environmental law compliance and enforcement in North America. Its primary objective is to facilitate the dialogue between environmental enforcement, customs and intelligence officers from the three countries on issues pertinent to trade and environmental law enforcement.

The EWG seeks to build cooperation and collaboration to stop illegal shipments of regulated materials that may adversely affect human health or the environment and to expedite the movement of legal materials across borders. To do this, the EWG organizes forums for the exchange of information, best practices, training, intelligence-sharing, and the formation of partnerships with key enforcement stakeholders.

The EWG also seeks to strengthen judicial training to ensure that the judiciary is equipped with expertise in the environmental law context and that the courts respond to environmental offenses with fairness and consistency.

Membership and Partners

EWG membership includes officials from the environmental, wildlife and other officials from appropriate enforcement agencies from Canada, Mexico and the United States.

The EWG co-chairs are the senior officials from the Enforcement Branch in Environment Canada, the Assistant Administrator for Enforcement and Compliance at the United States Environmental Protection Agency, the Chief of Enforcement of the US Fish and Wildlife Service, and the head of the Mexico's Federal Attorney for Environmental Protection (Procuraduría Federal de Protección al Ambiente—Profepa).

Methods and Tools

Innovation is central to EWG's approach. Accordingly, EWG is furthering the transition to electronic means of training and information exchange through the development of web-based training courses, tracking systems and data sources. These online tools are designed for use by customs and border officials, enforcement and intelligence officers, exporters and the general public.

The EWG facilitates the dialogue between the NAFTA Parties through its support of collaborative workshops and seminars, mentioned earlier.

Electronic Hazardous Waste Tracking System

The HWTF is currently working on a pioneering project for the electronic exchange of trade data related to the transboundary movement of hazardous waste and hazardous recyclable materials. This electronic tracking system will replace the cumbersome and delay-prone paper-based systems presently used by the governments of Canada, Mexico and the United States.

Under the new system, governments will be able to exchange export notices and import consent information electronically. Switching to an electronic means of exchange will expedite the information exchange process, improve data quality and significantly reduce administrative burdens for government by eliminating the need for paper notices and movement documents, photocopies, mailings, faxes and manual data entry. This will enable governments to more easily provide data to environmental enforcement and border protection agencies, making the tracking and control of transboundary hazardous materials more efficient and expeditious. 

The electronic creation, storage, retrieval, and sharing of export and import records will also enhance compliance with existing trade regulations. The new system will provide electronic access to shipping requirements and to import and export documents, thus providing a quick reference point for governments as they monitor compliance.

Further discussion of this subject can be found in the CEC publication, Crossing the Border.

Google Earth Data Layer

The HWTF is currently working with the North American Atlas Coordinating Group to develop a Google Earth data layer that identifies hazardous waste importing and receiving facilities across North America. Information drawn from national pollutant release and transfer registers (PRTR) and other sources will be input into the data layer.

This mapping tool will provide an additional intelligence resource to environmental enforcement agencies, management authorities, customs agencies, intelligence units and private stakeholders. It will allow governments to streamline management, compliance and enforcement actions based on the best available information concerning hazardous waste transport.

Law & Policy

Transboundary Movements of Hazardous Waste and Hazardous Recyclable Materials

The international trade in hazardous waste must be carefully managed and vigilantly monitored. Hazardous waste can be toxic, radioactive, explosive, flammable, corrosive or infectious, and indiscriminate dumping, accidental spilling, or improper management of this waste can have severe adverse effects on humans and the environment that could potentially last for decades.

The tremendous costs associated with legal hazardous waste disposal have led to the rapid growth of illegal dumping, smuggling and illicit income. The International Crime Threat Assessment, conducted by the US government, estimates that local and international syndicates annually earn an estimated $10-12 billion worldwide through the illegal dumping and smuggling of proscribed hazardous waste materials.

In response to this growing problem, the EWG has established a trilateral Hazardous Waste Task Force (HWTF) to execute projects which will improve the sound management and tracking of hazardous waste in North America. The HWTF is composed of senior enforcement officials and IT specialists in the hazardous waste management area.

Non-compliant Imports

Non-compliant imports to North America have risen steadily in recent years to unprecedented amounts. These imports, which come in a variety of sectors, pose a risk to security, human health, the environment and competitive markets. Although the initial thrust of this CEC initiative concerns non-compliant imported motorcycles and small gasoline motors intended for a variety of applications, it may well expand to other types of imports.

The NAFTA Parties have initiated a process for addressing threats from noncompliant imports to protect our health, environment and competitiveness. This process is based on the identification and prioritization of threats and on the development of action plans to neutralize, reduce, and eliminate them.

With the implementation of this process, the Parties will be better prepared to work cooperatively in addressing threats from noncompliant imports. In addition, they will be better coordinated in developing joint, harmonized and synchronized action to address these threats, leading to the better protection of health and the environment.

Summary of Environmental Law in North America
Created to improve public access to the environmental law of the three Parties to the North American Free Trade Agreement (NAFTA).

Accomplishments of the North American Working Group on Environmental Enforcement and Compliance Cooperation
Brochure