L O I Act No. 2015-09 May 04, 2015 Act No. 2015-09 04 may 2015 on the prohibition of the production, importation, detention, of the distribution, the use of low micronnage plastic bags and the sound management of waste plastics.
EXPLANATORY memorandum the uncontrolled proliferation of plastic bags is originally from many environmental problems but also quality of life and health.
Ecologically, in addition to the Visual pollution of soil, congestion in the gutters and sewers, plastic bags, whose presence in nature is centuries include originally, rural, degradation of land of culture, the decrease in agricultural areas and the coefficient of infiltration of the soil as well as the agricultural yield. Regarding plants, plastic bags can inhibit photosynthesis and germination of the seeds, thus impacting negatively the regeneration of the stands.
The harmful action of plastic bags is manifested also in respect of animals, particularly livestock and marine mammals that die suffocated trying to swallow them.
On the health plan, the burning of bags plastics causes the production of persistent organic pollutants (dioxins and furans) that cause irritation of the eyes, respiratory and cardiovascular diseases and cancer. In addition, plastic bags serve as Pocket proliferation of vectors of diseases, mosquitoes in particular.
To combat these harmful effects, the present Bill proposes normalization and standardization production and importation of plastic bags to allow the placing on the market as high-quality bags, durable and reusable.
This solution combines flexibility and efficiency. Plastic bags covered by the ban is mostly imported, the risk of slowdown or cessation of activities of industrial plastic is discarded. Furthermore, it ensures a higher level of environmental protection.
In addition to the ban on plastic bags of low micronnage, this Bill provides for measures to promote the environmentally sound management of plastic waste solid and flexible which, increasingly, are valued.
This Bill contains 17 articles. The first article is devoted to the definition of the terms.
Articles 2 and 3 are the principle of the ban on plastic bags by low micronnage and that of the end of free plastic bags with a thickness greater than or equal to 30 microns.
Articles 4 to 7 are intended to standardize the production of plastic bags and to promote the environmentally sound management of plastic wastes.
Articles 8 to 16 provide for offences and penalties and the principle of criminal liability of legal persons.
Article 17 establishes a time limit to allow for the plastics industry players to adjust to the new situation.
This is the purpose of the present Bill.
The National Assembly adopted in its session of Tuesday, April 21, 2015;
The President of the Republic enacts the law whose content follows: Article 1. -For the purposes of this Act, means:-waste: any substance or any waste which the holder discards or intend to discard or is required to discard under the laws and regulations in force;
-plastic waste: any waste consisting of plastic material, whether it is thermoplastic, thermoset or plastic composite;
-industrial plastic: any owner or any manager of a unit of production or manufacture of plastic products by industrial processes;
-ecotoxicity: study of the behavior and the effects of the agents contained in plastic bags on ecosystems to determine thresholds beyond which they have toxic effects or below which they are harmless;
-sound management of plastic wastes: any measures to ensure that the plastic waste are managed in a manner that ensures the protection of the environment and human and animal health against adverse effects that may result from such wastes;
-the sector of plastic operator: any natural or legal person whose activity production or manufacture or importation of products or plastics or recycling or recovery of plastic waste;
-recycling: direct reintroduction of a waste in the cycle of production which he comes, to replace all or part of a new raw material;
-plastic bag: plastic container having, in its upper part, a cut in the form of Sling (Sling bag) made a film of polyethylene;
-Enhancement: the re-use, recycling or any other action to obtain from waste, reusable materials or energy.
S. 2. - are prohibited throughout the national territory, the production, import, use, detention for the development for sale and the sale or distribution free of charge of plastic bags of less than 30 microns thick.
S. 3 - plastic bags with a thickness greater or equal to 30 microns, regardless of the use for which they are intended, can be distributed or provided free of charge.
A joint Ministers respectively in charge of trade and the environment fixed the price of their assignment to users.
S. 4 - plastic bags with a thickness greater or equal to 30 microns must comply with the technical standards regarding the manufacture, the composition of the materials, labelling and ecotoxicity laid down by decree upon proposal by the Minister in charge of the environment.
S. 5 - plastic manufacturers are required to reduce the amount of plastic waste which may result from their activities by developing, where appropriate, recovery of waste from their process activities or production processes.
S. 6 - the plastic sector operators are required to propose to households and other users, a system of collection or recovery of plastic waste for recovery, recycling or disposal.
The Minister in charge of the fixed environment by Decree, after the Advisory opinion of Ministers respectively-briefly in charge of trade and industry and in relation to the plastic sector operators and the local authorities concerned, the conditions under which must be carried out of collection or recovery, storage, sorting and transport of waste plastics as well as recoverability recycling or disposal.
S. 7 - plastic sector operators shall keep a register in which they record what they have the obligation to take in application of articles 5 and 6 of this Act.
This register is presented at first request to screening officers referred to in article 9 of this Act. The control carried out within this framework is solely to determine the extent to which the operators in the sector of plastic fulfil their obligations under this Act.
The conditions of keeping the register and the particulars which must be brought are determined by order of the Minister in charge of the environment.
S. 8. - any person who holds or uses of plastic products is required, when these products become waste, drop them off or have them move the collection or recovery points designed for this purpose.
S. 9 - infringements of the provisions of this Act or its implementing rules are observed by the officers and agents of the judicial police and sworn officers in departments respectively in charge of the environment, health, industry, trade and economy.
The finding of infringements is recorded in a report drawn up in accordance with the rules of the Code of Criminal Procedure.
In the exercise of their missions, agents who do not have the status of judicial police officer may require enforcement when this requisition is justified.
S. 10 - the production or manufacture of plastic bags in contravention of the provisions of section 2 of this Act is punishable by a fine of 10 000 000 to 20 000 000 CFA francs and an imprisonment of three (3) months to six (6) months or one of those penalties only.
S. 11 - importation into the national territory of plastic bags of less than 30 microns thick is a customs offence detected, prosecuted and punished in accordance with the provisions of the Customs Code.
S. 12 - use, detention with a view to sale, offering for sale and sale or distribution free of charge of plastic bags of less than 30 microns thick shall be punished by a fine of 20 000 to 50 000 francs CFA.
If the offender is a trader or a Distributor, the maximum amount of the penalty is pronounced.
S. 13 - operators in the sector of plastic have failed to keep a register or to present at first request or the mandatory particulars shall be punished by a fine of 2 000 000 to 5 000 000 CFA francs and by imprisonment for one (1) day one (1) month or one of those penalties only.
In the case where the register control shows an offence the provisions of articles 5 and 6 of this Act, its author is punished by a fine of 5 000 000 to 10 000 000 CFA francs and to imprisonment for one (1) months to three (3) months or one of those penalties only.
S. 14 - is punishable by a fine of 10 000 to 30 000 francs CFA whoever abandons or throw waste plastics in the collection or recovery points provided for this purpose.
In case of recidivism, the maximum amount of the penalty is pronounced.
S. 15 - legal persons other than the State, local communities and public institutions are criminally liable for offences under this Act, committed on their behalf by their organs or representatives.
The liability of legal persons does not exclude that of natural persons, authors or accomplices of the same facts.
S. 16. - the penalties incurred by legal persons are:-the fine which the maximum rate is equal to five times that provided for natural persons by the law which punishes the offence;
-the final closure or for a period of five (5) years of one or more of the establishments of the undertaking used to commit the incriminating acts;
-confiscation of the thing that has been used or was intended to commit the offence or the thing that is the product;
-the display of the decision or the dissemination thereof either by print or by any means of communication to the public by electronic means.
S. 17. - this Act shall enter into force at the end of the sixth month of its publication in the Official Journal.
This Act will be enforced as law of the State.
Made in Dakar, may 04, 2015 Macky SALL by the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE