Rédaction Africa Links 24 with Edisângela Tavares
Published on 2024-04-13 10:09:45
The entry into force of the Legal Regime for the Marketing, Import, Distribution, and Production of Single-Use Plastic, applicable to all economic sectors and all commercial agents, has caused confusion and uncertainty among citizens. With criticisms of the lack of disclosure of the decree-law, many find themselves without guidance on how to deal with the products already available on store shelves.
The decree-law prohibiting the entry and production of disposable plastic in the country came into force on March 21, as announced in the Official Gazette. This measure covers a variety of single-use plastic products such as cotton swabs, disposable plastic cutlery, disposable plastic plates, straws, and balloon sticks.
The Government, in justifying this decision, points to the growing problem of pollution resulting from the increase in waste production, particularly plastic pollution, which affects various ecosystems, including the marine environment, biodiversity, and public health. It also recognizes that this pollution can lead to damages in sectors such as tourism and fishing.
With the entry into force of the decree-law, the commercialization, import, and distribution of a series of single-use plastic products are prohibited, such as cups for beverages, cutlery, plates, bowls, meal trays, beverage stirrers, cotton swabs, straws, packaging, and containers for food. However, there are exceptions for biodegradable products or those containing at least 50% recycled material in their composition. Containers made of expanded polystyrene, such as capsules, lids, food boxes, and balloon sticks, are also prohibited.
It is worth mentioning that the new plastic law, approved the previous year, establishes a legal regime for the marketing, import, distribution, and production of bags, packaging, and other single-use plastic objects. This measure aims to contribute to reducing plastic pollution and promoting more sustainable practices in the country.
**Population**
During a tour of the center of Praia, many citizens were found to be unaware of the prohibition on the entry and production of disposable plastic in the country. Some users consider the measure somewhat exaggerated. “I have no knowledge of the laws, but I think that if it is something that the entire population uses and likes, alternatives should be sought so that people get used to it before the law comes into force,” says Jesuilma, a merchant at the Platô market.
In the same vein, Emerson, a young man carrying a typical black plastic bag from Chinese stores, was approached. Emerson reveals that he knows a bit about the recently implemented plastic decree-law but admits that he does not fully understand how it works in practice.
“I read about the recent ban on plastic use, but it is something that goes unnoticed in day-to-day life. I believe that if it were more publicized through communication, people would be better informed and would not commit as many infractions. For example, we have the plastic bag that does not meet the requirement of having at least 50% biodegradable plastic in its composition, but that is something that a layman does not understand and ends up completely ignoring.”
**Commercial establishments**
In a conversation with the commercial manager of one of the mini-markets in the country’s capital, she explains that she understands the concern and the impact this situation can have on many establishments. As the manager of a store, the interviewee, who chose to speak anonymously, says she understands that the prohibition of the commercialization of single-use plastic products is an important measure to protect the environment and combat plastic pollution. However, she emphasizes that it is understandable that this new legislation may cause difficulties for companies that already have plastic products in stock and await orders.
“As a commercial manager, I can say that the store invested in plastic products based on the existing demand and commercial practices in force until then. I had no prior knowledge of this change in the law and, like many other merchants, I am now faced with the challenge of dealing with existing stock and orders already placed. Despite the difficulties that this situation may cause in the short term, I believe it is important to prioritize compliance with the law and find ways to adapt to this new reality. I am willing to explore more sustainable alternatives and seek creative solutions to minimize the negative impact on the store’s operations. I believe that the law should be better publicized, and the entry into force should be gradual.”
This manager argues that this transition will not be easy but believes that if all merchants have time to evacuate the product in stock, she will be readily committed to working within the new guidelines and collaborating with other companies and authorities to ensure a smooth and responsible transition for all involved.
On the other hand, Patrícia Semedo, the manager of Mundilar 5 de Julho store, claims that the store was already aware of the entry into force of the decree-law prohibiting the commercialization and entry into the country of single-use plastic products. This manager understands the environmental impacts caused by plastic pollution and ensures that the store, for which she is responsible, has already taken measures to adapt to customer demand and collaborate with the environment simultaneously.
“Upon learning of the entry into force of the decree-law, we canceled orders for the mentioned single-use plastic products and are transitioning to products that are biodegradable and comply with the established guidelines. I believe there will be no constraints in complying with the law. If the prohibited products do not enter the country, people will adapt to the new options. Preserving the environment and promoting more sustainable commercial practices are goals that we all must support and prioritize, even if it requires sacrifices and adjustments in the short term.”
**Legal Analysis**
The President of the Bar Association of Cape Verde, Júlio Martins Júnior, clarifies that it was not with Joint Decree No. 5/2024 of March 21 that the prohibition of placing and making single-use plastic objects available on the market was established. In fact, this official explains that such a ban already comes from Law 22/X/2023, of April 18, which entered into force on October 15, 2023.
“This Law establishes the Legal Regime for the Marketing, Import, Distribution, and Production of Single-Use Plastic, which applies to all sectors of economic and industrial activities and to all economic operators engaged in both wholesale and retail trade, formal or informal, and at all stages of manufacture, processing, and distribution of single-use plastic materials and objects, with the exception of health, cosmetic, and personal hygiene areas.”
The President stressed that for reasons of legal certainty, Joint Decree No. 5/2024, of March 21, established the list of single-use plastic materials considered prohibited.
“Although Law 22/X/2023, of April 18, entered into force on October 15, 2023, the truth is that the prohibitions established therein did not immediately come into force due to a transitional provision that determines that the provisions regarding the prohibitions contained in this Law shall come into force within one year after its publication, that is, on April 19, 2024. Consequently, stores that currently have prohibited products will necessarily have to remove them from the shelves, as the prohibition also covers their local commercialization.”
Despite such a ban arising from Law 22/X/2023, of April 18, the President explains that it is still relevant that the list of prohibited products was published less than a month before the date of entry into force of these prohibitions. “Therefore, it is conceivable that merchants may face some difficulty in moving their stock in a short period of time. For this reason, we believe that the authorities will be sensitive in handling the issue, at least during an initial period, taking into account the principles of proportionality, adequacy, defense of trade interests, as well as their legitimate expectations.”
“It would have been ideal for the Government to have approved and published this list as an annex to Law 22/X/2023, of April 18, thus providing a clear and safe framework of action to traders, protecting their economic interests. Not having done so, this uncomfortable situation is now created, imposing common sense on everyone in the interpretation and application of the legal framework.”
In terms of enforcement, the law grants powers to a wide range of public entities to draw up news reports in case of violation of commercialization prohibitions, namely local authorities within the areas of jurisdiction, as well as police authorities and the IGAE.
Sanctions are provided for in case of non-compliance, including fines ranging from $10,000.00 (ten thousand escudos) to $300,000.00 (three hundred thousand escudos) or from $50,000.00 (fifty thousand escudos) to $1,500,000.00 (one million and five hundred thousand escudos), depending on whether the infringing agent is, respectively, an individual or a legal entity, in addition to ancillary sanctions. This new legal framework arises from the Basel Convention on hazardous wastes of which Cape Verde is a party. This Convention deals with the problem of waste management in its various aspects, to take the pulse of the immense environmental imbalance caused by the inadequate management of plastic waste.
**Ministry of Agriculture and the Environment**
Toward a Future without Single-Use Plastics
The National Environment Directorate was in the field to raise awareness and socialize about the entry into force of the law banning single-use plastics. In a determined effort to protect the environment and promote sustainable practices, Cape Verde takes a decisive step towards a greener and more sustainable future.
The implementation of the law banning the import and commercialization of single-use plastics is a crucial milestone in this path. In this journey towards sustainability, a team from the National Environment Directorate is currently in the field, working side by side with economic operators and traders. The goal? Not only to comply with the regulations but also to educate and raise awareness about the negative impacts of single-use plastics on our ecosystem.
In productive meetings, the team shared crucial information about the effects of disposable plastics on the marine and land environment, as well as the presentation of viable and affordable alternatives to traditional plastic bags. It is crucial to recognize that this transition does not happen overnight. However, with a collaborative approach and mutual determination, the proposed goal can be achieved. The time to act is now.
“We urge all Cape Verdean citizens to join us on this journey. Together, we can create a cleaner and more sustainable environment for future generations. Let’s embrace this change. The future of our planet depends on it,” reads a post from the Ministry of Agriculture and Environment on its Facebook page.
*Originally published in the print edition of Expresso das Ilhas No. 1167 from April 10, 2024.*
Read the original article(Portuguese) on Expresso das Ilhas
