Plastic bags and plastic bag waste

I-INTRODUCTION

Plastic bags and waste plastic bags are prohibited for import.

However, according to Article n°7 of Decree n°2013-327 of 22 May 2013, modified by Decree n°2014-844 of 17 December 2014, Exceptional Authorisations may be issued by joint Order of the Minister in charge of Trade and the Minister in charge of the Budget. A joint Order of the two (2) Ministries shall specify the conditions of application of this provision.

 

The importation of plastic bag waste is strictly prohibited throughout the national territory – see Article 4 of Order No. 65/PM/CAB of 19 February 2014.

Plastic bag waste means: waste, trimmings and scrap of plastic materials of tariff heading 39.15 of the Harmonized System (HS) nomenclature of the World Customs Organization (WCO).

 

In accordance with Decree n˚ 2013-327 of 22 May 2013 amended by Decree 2014.844 of 17 December 2014, the production, import, marketing, possession and use of the following plastic bags are prohibited:

  • Made of low density polyethylene or any other synthetic polymers, with a thickness of less than 30 microns and dimensions of less than 35 centimetres in length and 20 centimetres in width.
  • Unlabelled with the following information: the identity of the manufacturer, technical specifications such as material, thickness, strength by weight, life span in months, the words “biodegradable” or “oxobiodegradable”, and whose destinations are as follows:
  • Cash register bag for supermarkets, wholesalers and retailers.
  • Food packaging bag used in street food and food distribution.
  • Secondary packaging bags used by individuals to transport and protect all types of items and goods.

As for plastic bags, which are not covered by the amended Decree, there are no specific measures to be taken for their import, production, use, marketing, possession, etc.

Regarding the products normally prohibited, an exception to these prohibitions is provided for the following activities – Cf. Article 6 of Decree 2013-327 of 22 May 2013 – the provisions of which are completed by Article 2 of Order n°436/MSUA/ CAB of 23 June 2016:

Military activities: any activity related to the exercise of protection, defence or conquest missions of military, paramilitary or national security forces or any other group or organisation recognised as such, and which require the use of plastic bags for the packaging and transport of all military material, whether lethal or non-lethal, including:

 

 

  • Weapons and ammunition.
  • Survival kits.
  • Spare parts for military vehicles and equipment.
  • Miscellaneous military equipment.
  • Situations of war, conflict and lawlessness in which no regulations can be applied.
  • Medical activities: all activities carried out in the human and animal health sector, including clinical and paraclinical examinations, diagnosis, care, treatment, training and research, as well as the activities of the pharmaceutical industry.
  • Agricultural activities: activities of the Agriculture, Livestock and Fisheries sector.
  • Sanitation activities: waste collection and transport activities as well as the packaging of sanitation materials.

Thus, any individual or legal entity wishing to produce, market and import plastic bags for the above-mentioned activities (military activities, war situations, medical activities, agricultural activities and sanitation activities) may be authorised to import plastic bags on condition that they first fill in a Declaration Form at the Legal Affairs and Disputes Department (DAJC) of the Ministry of the Environment and Sustainable Development (MINEDD).

These plastic bags used in the framework of these activities cannot be used for other purposes. They must be biodegradable or oxo-biodegradable.

 

If the specificity of the product requires the use of non-degradable plastic bags, a letter of information must be sent to the Ministry of the Environment and Sustainable Development and the bags must be labelled with the following information – Cf. Order n°436/MSUA/ CAB of 23 June 2016:

 

  • The name of the product or packaged item.
  • The identity of the recipient area.
  • The identity of the manufacturer.
  • The material, thickness, weight resistance.
  • The shelf life in months.

It is also reminded that the import or export of any goods whatsoever requires the prior obtaining of an importer/exporter code (professional or occasional) – Cf. Legal Regimes for Imports – (Cf. General Import Procedures tabs)

Ministry of Environment and Sustainable Development

Direction des Affaires Juridiques et du Contentieux

Abidjan – Plateau, Cité Administrative, Tower D, 25th floor

Tel:(+225) 20 21 18 56

Website: http://www.environnement.gouv.ci/

 

 

II-AUTHORISATION TO IMPORT

 

Any natural or legal person wishing to import plastic bags (as defined above) used solely for military activities, war situations, medical, agricultural and sanitary activities as mentioned in Article 6 of Decree No. 2013-327 of 22 May 2013 amended in Order No. 436/MSUA/CB of 23 June 2016 must first obtain a Declaration Form from the Ministry of the Environment and Sustainable Development at the Directorate.

Declaration form

In accordance with Order n°436/MSUA/ CAB of 23 June 2016, the Declaration Form [fiche de déclaration] to be filled in includes the following elements:

  • A letter of Declaration addressed to the Minister in charge of Urban Sanitation
  • A copy of the Trade Register,
  • A photocopy of the National Identity Card or the Identity Certificate or Passport of the representative appointed to carry out the declaration formalities;
  • The geographical location and contacts of the Company;
  • The nature of the activity and the use made of the plastic bags
  • The types (degradable or not) and technical characteristics of the bags (material, thickness, size)
  • Production data, including overall volume, volume by type of thickness and size and quantities to be exported, if any, specifying the countries of destination;
  • Information on the consignee or end user;
  • The environmental and social management plan for the plastic bag waste

The Declaration Form is free of charge.

The receipt of the Declaration Form serves as a declaration.

 

 

III-DOCUMENTS

  1. Import Declaration Form (IDF)

The Import Declaration Form (FDI) – see Example of FDI – is compulsory if the value of the goods exceeds five hundred thousand (500,000) FCFA.

The FDI is established online via the transactional site of the Guichet Unique du Commerce Extérieur (GUCE). Access to the site requires prior registration as an importer, exporter or forwarder. The documents and information to be provided are as follows:

  • Importer Code (or Occasional Importer Code).
  • Pro forma or final invoice.
  • Mode of transport.
  • Name of the importer’s bank (in Côte d’Ivoire) (for direct debit and exchange authorisation).
  • HS Codes of the products to be imported.
  • Receipt of the Import Declaration Form from the Ministry of Environment and Sustainable Development.

 

  1. Cargo Tracking Form (CTF) procedure

For all imports by sea, the exporter, the foreign forwarder and the importer must register the Cargo Tracking Form(CTF) via the website of the Office Ivoirien des Chargeurs (OIC).

Upon shipment

 

Registration of the BSC – (see General Import Procedures tab on the website). The documents required are the following:

 

  • Final Invoice.
  • Bill of Lading (B/L).
  • Packing List.
  • Customs Export Declaration of the country of shipment.
  • Local Insurance Certificate in Côte d’Ivoire.
  • The Import Declaration Form (FDI) or its number.
  • In addition, for imports from countries outside the European Union, the following are required:
    • The Freight Invoice.
    • The Certificate of Origin

 

  1. Statement of Value

As soon as the goods are shipped and all the transport documents for the goods are available (Final Commercial Invoice, Bill of Lading or Air Waybill, Packing List, Freight Invoice, copy of the FDI and all other available certificates), the freight forwarder must initiate a Request for Attestation of Value.

All goods with an FOB value greater than or equal to one (1) million CFA francs must obtain a Final Classification and Value Report (FCVR) from the Directorate of Risk Analysis, Intelligence and Value (DARRV) of the Customs via the electronic platform of the GUCE – Cf. Customs Circular n°2007 of 29 March 2019.

The authorised forwarder downloads and fills in the Notice of Deposit (ND).

He attaches the documents accompanying the goods (see list above) to the deposit notice and uploads the entire file online on the GUCE platform.

The Customs Directorate of Risk Analysis, Intelligence and Value (DARRV) checks the shipping documents and delivers the Final Classification and Value Report by e-mail to the consignee or freight forwarder within 5 working days of the submission of the documents.

The freight forwarder completes Form D41 [Sampling Permit: this is an authorisation given by the importer or freight forwarder to Customs to take a sample of the goods for the purpose of quality control or to visually assess the apparent condition of the goods] and physically deposits it with the transport documents (see List above) at the Risk Analysis, Intelligence and Value Division (DARRV) of Customs for verification.

After examining the file, the DARRV issues the Attestation of Verification (AV).

Goods with an FOB value of less than one (1) million CFA francs and certain other products are exempt from the RFCV procedure – see the list of goods not subject to RFCV on the website www.douane.ci – see the General Import Procedures tab of the website.

  1. Customs declaration

On arrival

 

The Customs declaration is made by a forwarder appointed by the importer and approved by Customs – see List of forwarders approved by Customs.

 

The forwarder submits the declaration in the Customs computer system – SYDAM (Sydonia World). The documents to be submitted to the freight forwarder to make the Customs declaration are the following:

 

  • Original Bill of Lading (B/L) for sea shipments, or Air Waybill (AWB) for air shipments or Consignment note for road shipments.
  • Original supplier’s invoice.
  • Certificate of Insurance.
  • Import Declaration Form (IDF) – via the GUCE website.
  • Freight Invoice.
  • Final Classification and Value Report (FCVR) if the FOB value is at least one (1) million FCFA [or the Attestation of Value (AV) if the FOB value is less than one (1) million FCFA, or if the goods are excluded from the FCVR – see List of goods not subject to the FCVR on the websites douane.ci and www.webbfontaine.ci
  • The Packing List.
  • The Customs receipt if the method of payment of duties and taxes is cash.
  • The Cargo Tracking Form (BSC) issued by the Ivorian Shippers’ Office (OIC) for transport by sea.
  • The Certificate of Origin.
  • A Quality Certificate issued by a recognised international organisation, before shipment of the products (see General Import Procedures tabs on the site).
  • Receipt of the Import Declaration Form from the Ministry of the Environment and Sustainable Development.

IV-LIST OF PRODUCTS

H Code Designation
29031300 Chloroform (trichloromethane).
29034900 Other halogenated derivatives of acyclic hydrocarbons containing at least two different halogens.
3923290000 Sacks, bags, pouches and cones, of other plastics.
6305330000 Sacks and bags, of synthetic or artificial textile materials, obtained from strip or the like of polyethylene or polypropylene.
6305390000 Other sacks and bags, of synthetic or artificial materials.