Republic of Rwanda (2019) Law n172019 of 10082019 prohibition of manufacturing, importation, use and sale of plastic carry bags and single-use plastic items.pdf

Republic of Rwanda (2019) Law n172019 of 10082019 prohibition of manufacturing, importation, use and sale of plastic carry bags and single-use plastic items.pdf


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LAW N° 17/2019 OF 10/08/2019 RELATING TO THE PROHIBITION OF
MANUFACTURING, IMPORTATION, USE AND SALE OF PLASTIC CARRY BAGS AND
SINGLE-USE PLASTIC ITEMS

We, KAGAME Paul,
President of the Republic;

THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE
FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF
THE REPUBLIC OF RWANDA

THE PARLIAMENT:

The Chamber of Deputies, in its session of 12 June 2019;

Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015,
especially in Articles 22, 53, 64, 69, 70, 88, 90, 91, 106, 120 and 176;

Having reviewed Law n° 57/2008 of 10/09/2008 relating to the prohibition of
manufacturing, importation, use and sale of polythene bags in Rwanda;

ADOPTS:

CHAPTER ONE: GENERAL PROVISIONS

Article One: Purpose of this Law
This Law prohibits the manufacturing, importation, use and sale of plastic carry bags
and single-use plastic items.

Article 2: Definitions
As used in this Law, the following terms have the meanings assigned to them below:
1º single-use plastic item: a disposable plastic item designed to be used once before it
is discarded or recycled. Single-use plastic items include plastic carry bags, oxo-
degradable plastics and other items whose part is made from plastic material;

2º compostable plastic material: any material made from single-use plastic or plastic
carry bag made from plant-based synthetic materials capable of undergoing biological
decomposition in natural conditions;

3º plastic carry bag: a synthetic industrial product with a low density composed of
numerous ethane molecules used in packaging or carrying products;

4º recycling: the process of collecting and processing plastic materials that would
otherwise be thrown away as trash and turning them into new products;

5º oxo-degradable plastics: petroleum based plastic materials that include additives,
which through oxidation lead to the fragmentation of the plastic material into micro-
fragments or to chemical decomposition, often also referred to as oxo-biodegradable,
photo-degradable, thermo-degradable, oxo-fragmentable or pro-oxidant additive
containing plastics;


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6º plastic: a material derived from petrochemicals that are lightweight, soft and non-
compostable;

7º person: an individual, a group of individuals, a company, an organisation or a
cooperative with legal personality;

8º competent authority: the national institution in charge of environmental
protection;

9º woven polypropylene: polypropylene strips/threads that have been woven in two
directions (warp and weft) to create a light, but strong and heavy duty material.

CHAPTER II: PROHIBITION AND CONTROL OF PLASTIC CARRY BAGS AND SINGLE-
USE PLASTIC ITEMS

Article 3: Prohibition of plastic carry bags and single-use plastic items
The manufacturing, use, importation or sale of plastic carry bags and single-use plastic
items is prohibited.

Article 4: Exceptional authorisation
The manufacturing, importation, use or sale of home compostable plastic items or
woven polypropylene is allowed subject to prior authorisation from the competent
authority.

A person who intends to manufacture, import and export or use plastic carry bags and
single-use plastic items or pack goods in plastic material and single-use plastic items for
exceptional reasons applies in writing for an exceptional authorisation issued by the
competent authority.

The competent authority establishes guidelines on procedures and conditions for the
issue of exceptional authorisation.

Article 5: Environmental levy
Imported goods packaged in plastic material or single-use plastic items are subject to an
environmental levy in accordance with relevant laws.

CHAPTER III: COLLECTION, RECYCLING AND INSPECTION OF PLASTIC CARRY BAGS
AND SINGLE-USE PLASTIC ITEMS

Article 6: Collection of plastic carry bags and single-use plastic items
Every manufacturer, wholesaler or retailer of plastic carry bags or single-use plastic
items must put in place mechanisms to collect and segregate used plastic carry bags and
single-use plastic items and hand them over to the recycling plants.

Article 7: Recycling used plastic carry bags and single-use plastic items Every
person recycling used plastic carry bags and single-use plastic items must do it in a way
that protects the environment.


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Article 8: Institutions responsible for inspection Institutions responsible for
inspection of manufacturing, importation and exportation, use or sale of plastic carry
bags or single-use plastic items are the following:

1º Rwanda National Police;
2º Institution in charge of Customs;
3º Rwanda Investigation Bureau;
4º Rwanda Environment Management Authority;
5º Rwanda Standards Board;
6º Rwanda Inspectorate, Competition and Consumer Protection Authority;
7º administrative decentralised entities.


CHAPTER IV: ADMINISTRATIVE SANCTIONS

Article 9: Manufacturing of plastic carry bags and single-use plastic items
A person who manufactures plastic carry bags and single-use plastic items is liable to
closure of the activity, dispossession of those plastic carry bags and such items and to an
administrative fine of ten million Rwandan francs (FRW 10,000,000).

Article 10: Importation of plastic carry bags and single-use plastic items
A person who imports plastic carry bags and single-use plastic items is liable to
dispossession of those plastic carry bags and such items and to an administrative fine
equivalent to ten (10) times of the value of those plastic carry bags and single-use
plastic items.

Article 11: Wholesale of plastic carry bags and single-use plastic items
A wholesaler of plastic carry bags and single-use plastic items is liable to an
administrative fine of seven hundred thousand Rwandan francs (FRW 700, 000) and
dispossession of those plastic carry bags and such items.

Article 12: Retailing of plastic carry bags and single-use plastic items
A retailer of plastic carry bags and single-use plastic items is liable to an administrative
fine of three hundred thousand Rwandan francs (FRW 300,000) and dispossession of
those plastic carry bags and such items.

The competent Authority determines the modalities of managing the dispossessed
plastic carry bags and single-use plastic items referred to in Articles 9, 10, 11 and 12.

Article 13: Piling or disposing of plastic carry bag waste and other single-use
plastic items on unauthorised place
Any person who piles or disposes of plastic carry bag waste and other single-use plastic
items on unauthorised public or private place is liable to an administrative fine of fifty
thousand Rwandan francs (FRW 50,000) and is ordered to remove such waste and
repair damages caused by him or her.

If the acts referred to in Paragraph One of this Article are committed by a person having
exceptional authorisation to use plastic carry bags and single-use plastic items or to
treat waste, he or she is liable to an administrative fine of five million Rwandan francs
(FRW 5,000,000). The authorisation is also suspended or withdrawn.


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Article 14: Recidivism
In case of recidivism of acts provided for in Articles 9, 10, 11, 12 and 13 of this Law, the
administrative fine is doubled.

Article 15: Period for payment of an administrative fine
A person subject to the payment of an administrative fine provided for in this Law is
required to pay them within seven (7) working days from receipt of the written notice
with a temporary closure of the activities, if any.

If the person referred to in the preceding Paragraph is subject to the payment of an
administrative fine and fails to comply with the provisions of the same Paragraph, he or
she pays the amount due with late interest of one point five percent (1.5 %) of this
amount for each day of delay.

Article 16: Authority responsible for the recovery an administrative fine
Institutions responsible for inspection and control of the prohibition of manufacturing,
importation, use and sale of plastic carry bags and single-use plastic items referred to in
Article 8 of this Law are entrusted with powers to enforce payment of the
administrative fine.

The administrative fine is deposited into the National Fund for Environment.

CHAPTER V: TRANSITIONAL AND FINAL PROVISIONS

Article 17: Transitional period
Single-use plastic items which are already ordered or in stock are exempted from the
application of this Law within three (3) months from the commencement of this Law.
The existing factories in Rwanda manufacturing single-use plastic items must comply
with the provisions of this Law within two (2) years from the date of publication of this
Law in the Official Gazette of the Republic of Rwanda.

Article 18: Drafting, consideration and adoption of this Law
This Law was drafted in English, considered and adopted in Ikinyarwanda.

Article 19: Repealing provision
Law n° 57/2008 of 10/09/2008 relating to the prohibition of manufacturing,
importation, use and sale of polythene bags in Rwanda and all prior legal provisions
contrary to this Law are repealed.

Article 20: Commencement
This Law comes into force on the date of its publication in the Official Gazette of the
Republic of Rwanda.

Kigali, on 10/08/2019


(sé)
KAGAME Paul

President of the Republic
(sé)


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Dr NGIRENTE Edouard
Prime Minister


Seen and sealed with the Seal of the Republic:

(sé)
BUSINGYE Johnston

Minister of Justice/Attorney General


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