Senegal’s 2020 law addresses prevention and reduction of impacts on the environment and human health of plastic products and the ecological management of plastic waste. Art. 1. The law declares that it applies to plastic products whether or not they are intended for one-time use. Art. 2. The law does not apply to products that include one or more plastic components if the product is designed so that the plastic components are not easily replaced by the consumer. Id.
Senegal’s 2020 law bans production, import, stocking to sell, putting up for sale, selling, putting it in place to be used, the use in any form of single-use or disposable plastic. Art. 4.
This applies to beverage containers and lids, cutlery and plates, straws and beverage stir sticks, sachets used for selling water or other beverages. Art. 4.
The law separately bans plastic bags out of their box, regardless of thickness, or whether they have handles. Art. 5. However, this does not include plastic bags used at the point of sale to package food items. Id. These bags used at the point of sale must be transparent and made from recyclable plastic materials. Id. The import of these bags is subject to authorization by the Minister of the Environment. Id.
Deposit-Refund System for Plastic Bottles
The law also creates a deposit-refund system for plastic bottles. Arts. 6-14. The producers must put into place collection points. Art. 8. Producers are responsible for recovering the returned bottles in the following priorities: 1) reuse; 2) recycle; or 3) all other recovering operations. Id. In addition to reuse and recycling, allowable recovery operations include all other actions aimed at obtaining reusable materials or energy. Art. 3 (definition of “valorisation”).
Extended Producer Responsibility
The law makes producers who put plastic products on the market responsible for the waste generated by these products. Art. 11. Producers can meet their obligation by setting up individual programs to collect and treat the waste generated from their products, or by collectively creating organizations they contribute to financially that will take on this responsibility. Art. 12. The producer must demonstrate financial and technical capacity to get approval for an individual program. Id. These individual programs must comply with requirements issued by the Minister of the Environment and must be approved. Id.
Both individual producers running their own programs and organizations operating collective programs must report on the operations to the Minister for the Environment each year. Art. 14.
Prevention of the production of plastic waste
Producers must reduce at the source the quantity of waste that can result from their activities and put on the market products that are susceptible to being recycled or otherwise recovered in conditions that respect the environment. Art. 15. In addition, when it is technically and economically viable, producers must integrate recycled plastic into new products they put in the market. Art. 16.
Plastic products must have the name of the producer permanently marked on the product. Art. 17.
Import and Export
Senegal bans the import of plastic waste. Art. 19.
Additionally, Senegal bans the export of plastic waste unless the Minister of the Environment has approved it, the importing country has approved the import, and the importing country has adequate treatment facilities. Art. 20.
The law requires establishment by decree of a floor price for which recycling companies will buy a kilogram of plastic waste. Art. 21
A tax will be established for products made from non-recyclable plastic. A decree will list products to which the tax will apply. Art. 22.
This law repeals Law No 2015-09 of 04 May 2015. Art. 40.