Recently, the Republic of Guinea issued a decree banning the production, importation, sale and use of single-use plastic packaging and items, with the aim of promoting public health, promoting biodegradable packaging, protecting the environment, improving the health of the population and animals, and reducing pollution.
(Single-use plastic packaging or articles: means all plastic packaging or articles designed for single-use and then discarded or recycled, including plastic bags, oxo-degradable plastics, and articles made partly of plastic. )
The Decree applies to all relevant producers, importers, enterprises and individuals who use single-use plastics. The Decree prohibits the disposal of single-use plastic packaging in public places, towns and villages, drainage systems and waters. Single-use plastic items for medical, agricultural and military purposes, garbage collection bags and plastic packaging for certain food and pharmaceutical products are exempted from the decree. Single-use plastic items that have been ordered or are in stock may be used within six months of the entry into force of the decree, and producers have two years to comply with the relevant provisions. In the Republic of Guinea, all activities involved in the production or importation of biodegradable packaging are subject to a certification requirement signed jointly by the Ministries of the Environment, Industry and Commerce. The certification process is coordinated by the Ministry of the Environment.
The full text is as follows:
Chapter I General Provisions
Article 1 Purpose
Purpose: This decree prohibits the manufacture, import, sale and use of single-use plastic packaging and articles in the Republic of Guinea. The purpose of the decree is to promote public health, to promote biodegradable packaging as an alternative to plastic packaging and articles, to protect sanitation, to improve human and animal health and to combat pollution and harmful substances.
Article 2 Definitions
DEFINITIONS: In this Decree, the following terms shall have the following meanings:
Single-use plastic packaging or objects: means all plastic packaging or objects designed for single use and then discarded or recycled, including plastic bags, oxo-degradable plastics, and objects made partly of plastic.
Oxo-degradable plastics: Plastics that break down into tiny fragments or undergo chemical decomposition through oxidation, often referred to as oxy-biodegradation, photo-degradation, thermal degradation, oxy-fragmentation, or containing plastic additives that promote oxidation.
Article 3 Scope of application
This Decree applies to any producer or importer of disposable plastic packaging and articles in the national territory, as well as to natural or legal persons engaged in commercial, industrial, handicraft or professional activities that require the use of disposable plastic packaging and articles.
Chapter II. Plastic disposable packaging and articles prohibitions and exemptions
Article 4 Prohibition
Any form of promotion, importation, sale and distribution of single-use plastic packaging and articles throughout the country is prohibited. In addition, the following acts are prohibited:
1. Dumping or disposing of plastic packaging and articles in streets and other public places, sanitation facilities, drainage systems, rivers and waters in both urban and rural areas.
2. Placing plastic packages and articles containing solids or liquids in public areas, including inland waters.
3. Dispose of plastic packaging and objects in the natural environment, on public roads or in unofficial dumps.
4. Dispose of or discard single-use plastic items and other items in inland waters.
5. The production, import, sale and distribution of all single-use plastic packaging and articles.
6. Any sinking of plastic packages and articles containing solids or liquids into inland waters, dams and rivers.
Article V. Exemptions
The following shall not be affected by this Decree:
1. Disposable plastic packaging and articles for medical use.
2. Disposable plastic packaging and articles for agricultural activities.
3. Disposable plastic packaging and articles for military activities and wartime.
4. Disposable plastic packaging and items used for garbage collection.
5. Small plastic containers used to package certain foods and medicines.
6. Plastic films used in construction and public works.
7. Plastic packaging used for packaging or shipping sanitary products (e.g., paper towels, sanitary napkins, toilet paper, etc.) within production units. However, the importation of raw materials required for the production of the above products is subject to prior authorization from the Ministry of the Environment and compliance with relevant regulations.
Article 6 Production and import of biodegradable packaging
The production and importation of biodegradable packaging is permitted provided that the following information is indicated: the identity of the producer, the technical specifications (e.g., material, thickness, weight-carrying capacity, and expiration date), and the words biodegradable or oxo-biodegradable.
Article 7 Certification of producers and importers of biodegradable packaging In the Republic of Guinea, all activities engaged in the production or importation of biodegradable packaging shall be subject to a certification requirement signed jointly by the Ministry of the Environment, Industry and Commerce. The certification procedure is coordinated by the Ministry of the Environment.
Chapter III Administrative penalties
Article 8 Manufacture, import and sale of disposable plastic packaging and articles
Anyone who produces, imports and wholesales or retails single-use plastic packaging and articles faces closure of business, confiscation of products and administrative fines in accordance with the regulations. The Minister of the Environment is responsible for determining regulatory measures for single-use plastic packaging and articles through regulations.
Article 9 Piling up or discarding single-use plastic items and packaging in unauthorized places
Anyone who deposits or discards single-use plastic packaging waste or articles in unauthorized public or private places shall be subject to an administrative fine, the amount of which shall be determined by statute, as well as the obligation to remove the waste and repair the damage caused.
Article 10: Recidivism
In the event of a second violation of the prohibitions set forth in this Decree, the administrative fine shall be doubled.
Article 11 Period for payment of administrative fines
A person who is subject to an administrative fine under this Decree is required to pay the fine within seven working days of receiving written notification that his or her activities have been temporarily suspended. If the person fails to pay the fine within the specified time, a late fee of 1 per cent of the amount owed will be charged for each day of delay.
Article 12 Department responsible for collecting administrative fines
The technical services of the Ministry of the Environment, which are responsible for controlling and prohibiting the production, importation, use and sale of single-use plastic packaging and articles, are authorized to collect administrative fines, which are deposited in the account of the Environment and Natural Capital Fund (FECAN).
Chapter IV Transitional Provisions
Article 13 Transitional period
Plastic disposable packaging and articles that have been ordered or are in stock are exempted from the provisions of this Decree for a period of six months after its entry into force. Industrial establishments producing single-use plastic packaging and articles in the Republic of Guinea must comply with the provisions of this Decree within two years of the date of its signature.
chapter v. final provisions
Article 14
The Ministers responsible for the environment, industry, trade, territorial administration and decentralization, budget, finance, housing, infrastructure, transport, justice and communications are each responsible for the strict implementation of this Decree.
Article 15
This Decree, which repeals all previous provisions to the contrary, shall enter into force on the date of its signature and shall be registered and published in the Official Journal of the Republic.
