See DIRECTIVE(EU) 2019/904 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 on the reduction of the impact of certain plastic products on the environment.

The establishment of a baseline will facilitate the monitoring of results, which is essential for measuring the effectiveness of a policy intervention in combating plastic waste and pollution.

A baseline assessment will
- Identify the most problematic and prevalent single use plastic products;
- Obtain data and information on the environmental harm caused by single use plastic products;
- Assess the market realities;
- Assess consumer attitudes;
- Assess the potential social and environmental impacts of the proposed legislation;
- Facilitate the monitoring of results and effectiveness of the proposed legislation.

The Netherlands has ensured public participation in the implementation of the EU's Marine Strategy Framework Directive (MSFD) by granting to all stakeholders, including organizations, companies, and individuals, the opportunity to participate at different stages of a three phase process:

Stakeholder engagement phase: The Consultative Committee of Infrastructure and the Environment is convened, which allows stakeholders the opportunity to discusses policy proposals. The MSFD process uses this committee as a consultation platform. At this stage, stakeholder interests are assessed and stakeholders can be asked for advice on participation and other relevant issues. Among the parties involved are representatives of the State Secretary, environmental and recreational organizations, and representatives of the oil, gas, fishing, and shipping industries.
E.g. Ocean Conservancy

Project development phase: Specific stakeholder projects are established, which focus on issues pertaining to marine litter and the protection of seabed areas such as the Central Oystergrounds and the Frisian Front.

Public consultation phase: The documents related to the MSFD products are made available at the Ministry of Infrastructure and the Environment, at the houses of province, and published online on the Direction Participation website. Public reactions are collected, and subsequently addressed in the Note of Answers, which in turn can result in amendments of the document. The final MSFD Products, including the Note of Answers piece, are submitted to the Council of Ministers. Public engagement plays a major role throughout the MSFD product development process in the Netherlands. Stakeholders are assembled at the outset in order to identify points of concern and potential strategies, and the public is again brought to the table after the planning stage to ensure that their input has been considered and incorporated into the final plans and products.

Environmental law-making processes should involve diverse stakeholders, including but not limited to local communities, businesses, civil society, and subject matter experts. Environmental laws should ensure that each these groups have incentives to conserve,restore and enhance the environment, and are empowered to take innovative action through appropriate property rights and other entitlements.

Public engagement serves not only as a goal of public policy, but also as an important means of improving and legitimizing the process for developing national plastic management legislation, policies, strategies, and projects.

You need to ensure that as much as is practically possible:
- All information related to policymaking on single-use plastics is readily available to the public
- Draft laws, proposed regulations, background documents, survey results, research reports and any other information is freely available online and through other widely used media sources in the country.
- Refer to the Implementation guide for the UNEP Bali guidelines

Map and review national regulatory frameworks and other instruments to identify gaps in addressing the issue. This may include laws and policies related to export of certain plastics products to countries where no recycling or recovery for these items exist; prohibiting production of disposable items that lack an adequate end of life plan and cost contribution to deal with the problem; or imposing requirements on port reception facilities. From this assessment, States can make an informed decisions about priorities for drafting plastics legislation.

- Can new provisions or amendments be introduced in existing legal instruments (primary and secondary legislation)?
- If new legislation needs to be drafted, consider its interactions with other existing legal instruments and whether these will need updating to avoid inconsistencies that could affect implementation
- Avoid the use of "blanket amendment" or "blanket repeal" provisions which do not target specific aspects of the legal framework that no longer apply

See pg 7-8 of the Legislative Guide for the Regulation of Single-Use Plastic Products

- Easing waste management burdens or reducing costs for the Government
- Addressing the specific public health impacts of plastic as opposed to other materials
- Complying with regional regulations and standards
- Reducing marine ocean debris and harm to wildlife
- Encouraging a shift in consumer behaviour towards the use of more sustainable alternatives
- Improving overall environmental regulatory standards
- Reducing the volume of single-use plastic products entering the market or increasing recycling

Regulatory impact assessments are helpful for planning specific regulations. For example, a recent study prepared for the Government of the United Kingdom of Great Britain and Northern Ireland evaluated a proposed ban on plastic straws, plastic-stem cotton buds and plastic drink stirrers. The study examined two different scenarios - a ban or no ban - to aid legislators in choosing the approach. Under each scenario, it assessed the current market for each product, evaluated stakeholder perceptions of a ban, examined social and economic impacts and identified implementation risks. It also looked at the environmental impacts of each approach and conducted a lifecycle assessment (United Kingdom, 2019).

Regulatory impact assessments examine the potential economic, social and environmental consequences of the proposed regulatory change, including who will likely benefit and who will bear the costs. They also identify what mix of policies would be needed to achieve the identified public policy goals. A life-cycle assessment is also a key tool at this stage.

• Paragraph 3 of Antigua and Barbuda's External Trade (Shopping Plastic Bags Prohibition) Order 2017
• Regulation 5 of Samoa's Plastic Bag Prohibition on Importation Regulations 2006
• Regulation 5 of Tanzania's Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019
• Regulation 3 of Pakistan's Prohibition of Non-degradable Plastic Products (manufacturing, sale and usage) Regulations 2013
• Article 3 of Rwanda's Law No. 57/2008 of 10/09/2008 relating to the prohibition of manufacturing, importation, use and sale of polythene bags in Rwanda
• Regulations 6 and 7 of New Zealand's Waste Minimisation (Microbeads) Regulations 2017
• Regulation 3 of Canada's Microbeads in Toiletries Regulations (SOR/2017-111)
• Regulation 2 of South Africa's Regulation on Plastic Bags (No. R. 543 of 2002)

South Africa - Plastic Bags Regulations under section 24 (D) of the Environmental Conservation Act (No. R. 543 of 2002) Prohibition of certain plastic bags

Section 2.
(1) The manufacture, trade and commercial distribution of plastic bags, made of plastic film, for use within the Republic of South Africa, with a wall thickness of less than 80 micrometres is hereby prohibited.
(2) Notwithstanding subsection (l), plastic bags, made of plastic film, with a wall thickness of between 30 and 80 micrometres may be manufactured, traded and commercially distributed, for use within the Republic of South Africa, provided they do not, unless required by law, have printing, painting or marks of any kind.
(3) Notwithstanding subsection (11, bread bags, made of plastic film, with a wall thickness of between 25 and 80 micrometres may be manufactured, traded and commercially distributed, for use within the Republic of South Africa, if they do not, unless required by law, have printing, painting or marks of any kind.
(4) The prohibition contemplated in subsection( 1) will not apply to shrinklene and flimsy bread bags made of plastic film.

Rwanda - Law No. 57/2008 of 10/09/2008 Relating to the Prohibition of Manufacturing, Importation, Use and Sale of Polythene Bags in Rwanda

§3. Prohibition on the importation, manufacturing, sale or distribution of Styrofoam cups and plates, disposable plastic cups and plates, and plastic shopping bags.
(1) It shall be unlawful for a person to import, manufacture, sell or distribute Styrofoam cups and plates, disposable plastic cups and plates, and plastic shopping bags. [...]

The 2019 European Union directive, 2019/904, on the reduction of the impact of certain plastic products on the environment provides an overarching definition of single-use plastics and identifies specific products and classes of products that are to be banned or subject to consumption targets by member States. The overarching definition provides regulators with the flexibility to include additional single-use plastics that become problematic in the class of products banned, while minimizing confusion in the market among manufacturers, retailers and consumers.

Bans on thin plastic bags can result in replacement with thicker plastic bags that are marketed as 'reusable' but are oftentimes treated as single-use by consumers.

There is currently no universally accepted definition or standard for the thickness or dimensions of plastic issued on all plastic bags or it can be based on their thickness, material composition or both.

Burkina Faso Law No. 017-2014 /AN of 2014 Ban on production, importation, marketing and distribution of non-biodegradable plastic packaging and plastic bags.

France Energy Transition for Green Growth Act No. 2015-992 of 2015 Ban on distribution of lightweight bags under 50 microns, except compostable bags made of bio-sourced materials. Minimum bio-sourced content of single-use plastic bags to gradually increase from 30 per cent on 1 January 2017 to 60 per cent on 1 January 2025. By 1 January 2020, distribution of disposable kitchen cups, glasses and plates made out of plastic and cotton swabs with plastic sticks is prohibited.

Jamaica Natural Resources Conservation Authority (Plastic Packaging Materials Prohibition) Order of 2018 and the Trade (Plastic Packaging Materials Prohibition) Order of 2018 Ban on production, importation, marketing and distribution of single-use plastics including single-use plastic bags, packaging made wholly or in part of expanded polystyrene foam and single-use drinking straws made wholly or in part of PE or PP. Single-use plastic bags under the ban are those with dimensions not exceeding 610 x 610 m” (24””x 24”), with a thickness of 0.03 mm (1.2 mils), which are to be banned by 1 January 2021, and of 0.06 mm (2.5 mils), which are to be banned on or after 1 January 2021, regardless of whether the bag is, or is labelled as, degradable, biodegradable, oxo-degradable, photo degradable or compostable.

Marshall Islands Styrofoam Cups and Plates and Plastic Products Prohibition and Container Deposit Act of 2016 Ban on the importation, manufacture, sale or distribution of Styrofoam cups and plates, disposable plastic cups and plates and plastic shopping bags.

Monaco Sovereign Ordinance No. 5.831 and Ministerial Decree No. 2016-307, both of 2016 Ban on production, importation, marketing and distribution of plastic bags under 50 microns , except compostable bags or those made wholly or partly of bio-based materials. A ban on the manufacture, distribution or sale of plastic utensils made of less than 40 per cent bio-based materials.

Prohibition of certain plastic bags

2. The manufacture, trade and commercial distribution of domestically produced and imported plastic carrier bags and plastic flat bags, for use within the Republic of South Africa, other than those which comply with paragraph 4 and 5 of the Compulsory Specification, is hereby prohibited. [...]

Article 1er : L'importation et la commercialisation des sacs et emballages plastiques non biodégradables et non produits sur le territoire national, sont strictement prohibées à partir du 1er mai 2016 en République de Djibouti.

European Union member States, for example, tend to restrict retail distribution, while countries in Africa and the Asia-Pacific region ban both market entry and retail distribution (particularly in relation to plastic bags). There are of course exceptions to this. France has banned the production, distribution, sale, provision and use of packaging or bags made wholly or partly from oxo-fragmentable plastic (biodegradable but not compostable – see here). California has prohibited the manufacture of nurdles, or pre-production plastic, and the Netherlands, Canada, New Zealand, the United Kingdom and the United States have prohibited the manufacture of micro-beads for use in personal care products see example laws here and here

In a few countries, bans target the activities of certain users, particularly Government procurement practices. Since Governments are large consumers of services that use plastics, they can provide leadership and send strong signals to other actors, including producers retailers, private sector users and consumers. For example:

Costa Rica has banned single-use plastic products in the food service areas of all Government institutions, to be replaced by reusable or recyclable products.

In Germany, the city of Hamburg has banned municipal use of coffee capsules and single-use bottles and utensils.

The Federal Government of Canada has made a commitment to diverting at least 75 per cent of the plastic waste from its operations by 2030, which will be accomplished partly through the procurement of more sustainable plastic products.

Décret n° 2011-485 Réglementant la Production, l'Importation, la Commercialisation et l'Utilisation des Sacs, Sachets et Films en Plastique Articles 3 and 4

Styrofoam Cups and Plates and Plastic Products Prohibition and Container Deposit Act of 2016 Ban on the importation, manufacture, sale or distribution of Styrofoam cups and plates, disposable plastic cups and plates and plastic shopping bags

Art. 2. Ne sont pas concernés par le présent décret, la production, l'importation, la commercialisation et l'utilisation:

• des sacs, sachets, films en plastique destinés à l'usage médical;
• des sacs sachets, films en plastique destinés aux activités agricoles;
• des sacs et sachets en plastique utilisés pour le ramassage des ordures;
• des films en plastique utilisés dans le bâtiment et les travaux publics;
• des films en plastique destinés à emballer ou conditionner les produits hygiéniques à l'intérieur des unités de production notamment mouchoirs en papier, serviettes et papiers hygiéniques;
• des films en plastique destinés à emballer les bagages pour le voyage au niveau des aéroports, des ports et des gares;
• des bouteilles d'eau et des boissons non alcoolisées en plastique et des petits pots utilisés pour le conditionnement de certains produits alimentaires et pharmaceutiques;

Ne sont pas également concernés par le présent décret, l'importation et la commercialisation des matières premières pour la fabrication des produits visés à l'alinéa 1 du présent article.

Under Section 24 (d) Of The Environment Conservation Act (Act No. 73 Of 1989) - Plastic Carrier Bags and Plastic Flat Bags

Article 6: Le present decret s'applique, sans exclusive, atoutes les formes d'utilisation des sachets plastiques. Toutefois, ne sont visées par le present decret, les activites militaires, les situations de guerre, les activites rnedicales. agricoles et de salubrite. Un arrete du Ministre charge de I'Environnement precise les rnodalites d'application du present article.

The banning of a product without cheap and readily available replacements may end up causing undue hardship to the poorer segments of the population.

Evidence suggests that the residence time of biodegradable plastics in the natural environment is less than that of conventional plastics, but degradation is highly dependent upon environmental conditions. Biodegradable plastics also appear to undergo processes that generate microplastics. Often biodegradable plastic items break down completely only if exposed to prolonged high temperatures above 50°C (122°F). Such conditions are met in industrial composting plants and municipal composters, but not in domestic compost heaps or if left as litter in the environment.
• Biodegradable plastics are challenging to recycle. Currently, they are difficult to isolate from mixed plastic waste streams and are considered an undesired contaminant in the recycling streams of conventional plastics. Technologies exist to isolate biodegradable plastics, but the volume of biodegradable plastic needs to be sufficiently high to make this economically viable.
• When plastic materials are promoted as biodegradable it may suggest to consumers that they biodegrade in the same way in many different post-use and disposal scenarios. Without qualification, the term "biodegradable" may lead people to think that they can discard the material in the natural environment, whereas it will not degrade properly and generate microplastics. When biodegradable plastics end up in landfills, they will produce methane as they decompose under anaerobic conditions. When they end up in the ocean, biodegradable plastics are as problematic as conventional plastics

A claim that a product or package is compostable should be substantiated by reliable scientific evidence in accordance with internationally accepted criteria, which require that all the materials in the product or package be capable of breaking down into, or otherwise become part of, usable compost, in a safe and timely manner in an appropriate composting programme or facility or in a home compost pile or device. Most plastics labelled as compostable can be broken down only in industrial composters, which are yet to be available in many countries.
• The capacity of composting facilities tends to be limited. In the European Union, for example, many composting facilities treat only garden waste. They are not adapted to processing compostable packaging and would have to undergo numerous technical modifications, particularly at the level of pre-processing, to ensure an efficient process for composting packaging.
• Compostable plastic waste needs to be separated at source from normal household or industrial waste. Unless collection systems and composting facilities are available to consumers, however, the plastic waste is most likely to end up in conventional waste streams (e.g., incineration and landfill).

The production of bio-based plastics may require land use to move away from the growing of food crops, at a time of growing food insecurity. Farmers may abandon food production in favour of growing bio-feedstocks, likely resulting in rising food costs in many developing countries. Furthermore, intensified farming and extensive use of fertilizers can increase greenhouse gas emissions.
• The conversion of grassland or forest for feedstock production, as well as monoculture production, may destroy sensitive habitat, at a time of diminishing biodiversity.
• Not all types of bioplastics are biodegradable. The property of biodegradation does not depend on the source of the plastic, but is rather linked to its chemical structure. Wholly bio-based plastics may be non-biodegradable, while some wholly fossil-fuel-based plastics can biodegrade.
• Biomass-based polymers is that they tend to be more expensive to produce at present than those based on fossil fuels. Nevertheless, bio-based plastics that are "drop-ins", with the same chemical and physical properties, can be introduced seamlessly into existing value chains from production to recycling.

• Evidence shows that oxo-degradable plastics rapidly fragment into smaller and smaller pieces, but do not break down at the polymer or molecular level. While large pieces of plastic seem to disappear faster than conventional plastics, the resulting microplastic fragments remain in the environment for a long time, contributing to microplastic pollution.
It is possible that the plastic fragments are ingested by earthworms, insects, birds or animals. They may find their way into the marine environment and be ingested by marine organisms.
• There is concern from plastics recyclers that the presence of oxo-degradable plastics in the recycling stream will have an adverse effect on the quality and usability of the products made from the recycled material. The presence of oxo-degradable additives will render the product more susceptible to degradation.
• When oxo-degradable plastics are labelled as biodegradable it may lead to confusion on the part of consumers and cause problems such as incorrect disposal, including contamination of the waste stream.

The materials used for food packaging are often chosen to keep the food fresh. If the available replacement does not provide the same benefits, a policy to reduce overpackaging of fresh food could unintentionally increase food loss and waste.

Artigo 4.0: Impedimento de disponibilização de plástico
1. Os estabelecimentos comerciais ficam impedidos de disponibilizar sacos de plástico ultrale- ves para embalamento primário ou transporte de pão, frutas e legumes, a partir 1 de junho de 2023.
2. Os estabelecimentos comerciais ficam impedidos, igualmente, de vender pão, frutas e legumes acondicionados em cuvetes descartáveis que contenham plástico ou poliestireno expan-dido, a partir de 1 de junho de 2023.
3. Excecionam-se dos números anteriores os sacos e as embalagens 100 % biodegradáveis, de material de origem biológica e renovável, que sejam compostáveis por processos de compos- tagem doméstica, industrial ou em meio natural. Artigo 5.o Disponibilização de alternativa É obrigatória a disponibilização aos consumidores de alternativas aos sacos de plástico ul- traleves e às cuvetes em plástico para embalagem primária de pão, frutas e legumes vendidos a granel, nos pontos de venda.

3. Prohibition on the importation, manufacturing, sale or distribution 30 of Styrofoam cups and plates, disposable plastic cups and plates, and plastic shopping bags.
(1) It shall be unlawful for a person to import, manufacture, sell or distribute Styrofoam cups and plates, disposable plastic cups and plates, and plastic shopping bags.
(2) Nothing in this Section shall prevent a person from importing, 1 manufacturing, selling or distributing use recycled paper bags or 2 reusable shopping bags.

The materials used for food packaging are often chosen to keep the food fresh. If the available replacement does not provide the same benefits, a policy to reduce overpackaging of fresh food could unintentionally increase food loss and waste.

Law No. 99/VIII/2015 establishing the prohibition of production, import, marketing and use of plastic bags for packaging

Metas de redução
1. Os agentes económicos produtores ou importadores devem, consoante o caso, reduzir progressivamente a produção e a importação de sacos de plástico.
2. O índice percentual da redução a que se refere o número anterior deve atingir:
a) 60% em 2015;
b) 100% em 1 de Julho de 2016.

DRC - DÉCRET n° 17/018 portant interdiction de production, d'importation, de commercialisation et d'utilisation des sacs, sachets, films et autres emballages en plastique

Art. 8. Les producteurs, importateurs et distributeurs des sacs, sachets films et autres emballages en plastique disposent d'un délai de six (6) mois à compter de la date de l'entrée en vigueur du présent décret, pour retirer du marché tout produit visé à l'article 1 du présent décret.

Artigo 14.0
Programa de redução e substituição de sacos de plástico
1. O Governo elabora um programa de redução e substi- tuição de sacos de plástico que consiste em:
a) Medidas para a concretização das metas de redução e substituição da distribuição de sacos de plástico convencionais, por sacos reutilizáveis;
b) Realizar campanhas de difusão e conscientização sobre o uso racional do material degradável e ou não biodegradável, para o acondiciona- mento de produtos adquiridos em estabeleci- mentos comerciais de venda ao público;
c) Informar e capacitar os cidadãos sobre as pos- síveis alternativas que possam substituir as embalagens de plástico não degradáveis e ou biodegradáveis;
d) Promover a utilização de materiais nas embala- gens que sejam ambientalmente seguros.
2. O programa de redução e substituição de sacos de plástico deve estar concluído até 31 de Dezembro de 2015 e é revisto sempre que for necessário.
3. O programa de redução e substituição de sacos de plástico aplica-se durante o primeiro ano às entidades que a ele adiram voluntariamente, sendo obrigatória a partir do período de aplicação geral.

Artigo 14.0
Programa de redução e substituição de sacos de plástico
1. O Governo elabora um programa de redução e substi- tuição de sacos de plástico que consiste em:
a) Medidas para a concretização das metas de redução e substituição da distribuição de sacos de plástico convencionais, por sacos reutilizáveis;
b) Realizar campanhas de difusão e conscientização sobre o uso racional do material degradável e ou não biodegradável, para o acondiciona- mento de produtos adquiridos em estabeleci- mentos comerciais de venda ao público;
c) Informar e capacitar os cidadãos sobre as pos- síveis alternativas que possam substituir as embalagens de plástico não degradáveis e ou biodegradáveis;
d) Promover a utilização de materiais nas embala- gens que sejam ambientalmente seguros.
2. O programa de redução e substituição de sacos de plástico deve estar concluído até 31 de Dezembro de 2015 e é revisto sempre que for necessário.
3. O programa de redução e substituição de sacos de plástico aplica-se durante o primeiro ano às entidades que a ele adiram voluntariamente, sendo obrigatória a partir do período de aplicação geral.

Article 5
Outre les officiers de police judiciaire, les agents designes Acet effet par l'administration ou les organismes competents, assermentes et porteurs d'une carte professionnelle, procedent Ala recherche et Ala constatation des infractions aux dispositions de la presente loi et des textes pris pour son application. Ils peuvent, dans l'exercice de leur mission, requerir l'assistance des agents de l'autorite publique.

Article 6
Les personnes chargees de constater les infractions aux dispositions de la presente loi et des textes pris pour son application, dressent des proces-verbaux, qu'ils transmettent A l'administration. Morocco - Decret nO 2-16-174 du 25 joumada II 1437 (4 avril 2016) pris pour l'application de certaines dispositions de la loi nO 77-15 portant interdiction de la fabrication, de I'importation, de I'exportation, de la commercialisation et de I'utilisation de sacs en matiieres plastiques.

• Sections 6 – 14 of the Environmental Levy Act of Fiji
• Section 149A (2) of the Customs and Exercise Act of Kenya read together with paragraph 8 part III of the fifth schedule of the Customs and Exercise Act of Kenya
• Section 9A and paragraph 4 of the fourth schedule of the Eco-Contribution Act of Malta
• Regulations 3 – 11 of the Waste management (Environmental Levy) (Plastic Bag) Regulations 2001, of Ireland
• Regulations 3 – 6 of the Waste Management (Plastic Levy) Regulations 2013, of Tonga

In Fiji, under the Environment and Climate Adaptation Levy (Plastic Bags) Regulations of 2017, the designated "accountable person" is responsible for paying the tax before or on the last day of the month, and submitting with the payment a report which specifies the:
(i) number of plastic bags stocked by the business at the beginning of that month;
(ii) number of plastic bags provided to consumers in that month;
(iii) number of plastic bags remaining in the stock of the business at the end of that month;
(iv) amount of Environment and Climate Adaptation Levy collected in that month.

i) Impacts on low-income households and small businesses

ii) Creation of a black market

iii) Unintended results of taxation

iv) Long-term results may be challenging to sustain

In Fiji, the Environment and Climate Adaptation Levy (Plastic Bags) Regulations 2017 provide that: "The Environment and Climate Adaptation Levy charged on plastic bags must be collected by a cashier at the point at which a plastic bag is provided by the business to a consumer."

In Hong Kong (Special Administrative Region of China), the 2009 Product Eco-Responsibility Ordinance, amended 2015, states that: "The seller must charge the customer an amount not less than that prescribed in Schedule 3* for each plastic shopping bag, or each pre-packaged pack of 10 or more plastic shopping bags, provided by the seller directly or indirectly to the customer — (a) at the time of the sale; (b) for promoting the goods; or (c) otherwise in connection with the sale."

In England, United Kingdom, under the Single Use Carrier Bags Charges (England) Order 2015, a seller must charge for each single-use carrier bag supplied "at the place in England where the goods are sold, for the purposes of enabling the goods to be taken away".

The packaging tax in many European Union countries, including Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, Latvia, Malta, the Netherlands, Romania and Slovenia, uses the volume or weight of the material as the basis for calculating the tax.

• Antigua and Barbuda: As part of its plastic bag ban, the Government legislated that certain materials used to manufacture alternatives shall be tax-free, including sugarcane, bamboo, paper and potato starch.
• Saint Vincent and the Grenadines: The ban on the importation of Styrofoam products used for the sale or storage of food was paired with the elimination of value added tax (VAT) from biodegradable alternatives to lower their cost.

Tax breaks, subsidies and other fiscal incentives should be discussed alongside any discussions on plastic alternatives. A tax incentive alone may not cause the necessary economic shifts. Many Governments have combined tax incentives for alternatives to single-use plastic products with penalties for the use of problematic single-use plastic products.

• Section 8 of the Control of Disposable Plastics Act of Barbados
• Regulation 4 and paragraph 3 of schedule 1 of the Packaging (Essential Requirements) Regulations 2015 of the United Kingdom
• Regulation 4 of the Plastic Bag Prohibition on Importation Regulations 2006 of Samoa
• Regulation 4 of the Environment Protection (Restriction on Importation, distribution and sale of plastic utensils and polystyrene boxes) Regulations 2017 of Seychelles
• Articles 3 and 4 of Decree No. 202 on Rules on the Standards of Product Packaging Materials and Products of the Republic of Korea
• Paragraphs 3 and 4 of the Standards for Classification of Biodegradable Plastic bags 2012 of Maldives

See pgs 29–36 of the Legislative Guide for the Regulation of Single-Use Plastic Products

European Union, European Parliament and Council Directive 94/62/EC of 1994 on packaging and packaging waste - Reusable nature of packaging: Where claimed or required, packaging must be designed and produced in such a way as to permit reuse for a number of trips or rotations in normally predictable conditions of use and to allow for recovery when no longer reused and it becomes waste. The relevant standard is EN 13429:2004 (Packaging – Requirements for relevant materials and types of reusable packaging).

European Parliament and Council Directive 94/62/EC of 1994 on packaging and packaging waste sets forth certain criteria, called the Essential Requirements, that must be met in order for packaging to be allowed entry into the European market. In relation to manufacture and composition of packaging the relevant criteria is: EN 13430:2004.

European Union, European Parliament and Council Directive 94/62/EC of 1994 on packaging and packaging waste -- Recoverable nature of packaging: Where claimed or required,
(i) packaging must be manufactured in such a way as to enable recycling of a certain percentage by weight of the materials used;
(ii) packaging waste must be suitable for optimal energy recovery;
(iii) packaging suitable for composting must be of such biodegradable nature that it does not hinder separate, collection or the composting process;
(iv) biodegradability must be of such nature that it is capable of undergoing physical, chemical, thermal or biological decomposition with most of the finished compost decomposing into carbon dioxide, biomass and water.
Three separate standards govern recoverability, namely:

• EN 13430:2000 (Packaging – Requirements for packaging recoverable by material recycling)
• EN 13431:2004 (Packaging – Requirements for packaging recoverable in the form of energy recovery, including specification of minimum inferior calorific value)
• EN 13432:2000 (Packaging – Requirements for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging)

Depending on the product being addressed, these options can be considered as stand-alone criteria, or can be combined altogether or in a different formulations to ensure the best possible environmental protection standards.

Independent third-party certification can increase the credibility and acceptance of claims that the criteria set forth in standards have been met. Several independent third-party certification organizations can verify compliance with standards.
For example, the Biodegradable Products Institute in the United States, a nonprofit organization with members from industry, Government, and academia, certifies compliance with ASTM standards (D6400 or D6868) on compostability of products in industrial or large-scale composting facilities (Biodegradable Products Institute, 2019).

This approach is common in standards relating to noxious substances or heavy metals and substances in contact with food.
For example, under state-level legislation on toxics in packaging in the United States, manufacturers and suppliers of packaging must give their purchasers a certificate of compliance, signed by an authorized company official, stating that their packaging or component is in compliance with the law regarding permissible concentrations of regulated heavy metals. A copy of the certificate must be kept on file. Some European Union member States, in incorporating the Essential Requirements of Directive 94/62/EC of 1994 into national law, require from producers declarations of conformity stating that products comply with the standards.

For example, in France packaging manufacturers are required to provide a written declaration of conformity with the Essential Requirements supported by technical documentation.

In the United Kingdom, companies must keep on file technical documentation or other information showing compliance with the Essential Requirements. The technical documentation or other information must be retained for a period of four years from the date at which packaging was placed on the market.

In Bulgaria, producers and importers must present a declaration of compliance with the Essential Requirements to control bodies upon request and must keep it on file for three years. (Lust, Laureysens and Acoleyen, 2009).

Independent third-party certification can increase the credibility and acceptance of claims that the criteria set forth in standards have been met. Several independent third-party certification organizations can verify compliance with standards.

For example, the Biodegradable Products Institute in the United States, a nonprofit organization with members from industry, Government, and academia, certifies compliance with ASTM standards (D6400 or D6868) on compostability of products in industrial or large-scale composting facilities (Biodegradable Products Institute, 2019).

This approach is common in standards relating to noxious substances or heavy metals and substances in contact with food.
For example, under state-level legislation on toxics in packaging in the United States, manufacturers and suppliers of packaging must give their purchasers a certificate of compliance, signed by an authorized company official, stating that their packaging or component is in compliance with the law regarding permissible concentrations of regulated heavy metals. A copy of the certificate must be kept on file. Some European Union member States, in incorporating the Essential Requirements of Directive 94/62/EC of 1994 into national law, require from producers declarations of conformity stating that products comply with the standards.

For example, in France packaging manufacturers are required to provide a written declaration of conformity with the Essential Requirements supported by technical documentation.

In the United Kingdom, companies must keep on file technical documentation or other information showing compliance with the Essential Requirements. The technical documentation or other information must be retained for a period of four years from the date at which packaging was placed on the market.

In Bulgaria, producers and importers must present a declaration of compliance with the Essential Requirements to control bodies upon request and must keep it on file for three years. (Lust, Laureysens and Acoleyen, 2009).

Policymakers introducing standards should consider what form of certification or other verification should accompany those standards. The options are:

Mandatory self-certification or a declaration of compliance. This approach is common in standards relating to noxious substances or heavy metals and substances in contact with food. For example, under state-level legislation on toxics in packaging in the United States, manufacturers and suppliers of packaging must give their purchasers a certificate of compliance, signed by an authorized company official, stating that their packaging or component is in compliance with the law regarding permissible concentrations of regulated heavy metals. A copy of the certificate must be kept on file. Some European Union member States, in incorporating the Essential Requirements of Directive 94/62/EC of 1994 into national law, require from producers declarations of conformity stating that products comply with the standards. For example, in France packaging manufacturers are required to provide a written declaration of conformity with the Essential Requirements supported by technical documentation. In the United Kingdom, companies must keep on file technical documentation or other information showing compliance with the Essential Requirements. The technical documentation or other information must be retained for a period of four years from the date at which packaging was placed on the market. In Bulgaria, producers and importers must present a declaration of compliance with the Essential Requirements to control bodies upon request and must keep it on file for three years.

Third-party certification. Independent third-party certification can increase the credibility and acceptance of claims that the criteria set forth in standards have been met. Several independent third-party certification organizations can verify compliance with standards. For example, the Biodegradable Products Institute in the United States, a nonprofit organization with members from industry, Government, and academia, certifies compliance with ASTM standards (D6400 or D6868) on compostability of products in industrial or large-scale composting facilities (Biodegradable Products Institute, 2019).

For example, Article 7 of European Union Directive 2019/904 of 2019 requires member States to ensure that beverage cups, other specified single-use plastics, such as wet wipes, and the packaging used for those products bear conspicuous, clearly legible and indelible marking. The label or marking informs consumers about waste management options, the presence of plastics in the product and the resulting negative environmental impact of littering or other inappropriate waste disposal. According to the preamble to the directive, the marking requirement targets the single-use plastic products that had been found to be frequently discarded into the sewerage system or otherwise inappropriately disposed of. Legislation can also regulate the use of labels to make environmental claims.

The purpose of eco-labels is to indicate the overall environmental preferability of a product or service in its product or service category. An eco-label programme may be Governmentsponsored; quasi-governmental (i.e., created and supported by the Government but run by a private entity); or privately operated, either for profit or not for profit (United States, 1998). In most eco-labelling schemes, third-party certification is mandatory.

• Section 8 of the Control of Disposable Plastics Act of Barbados
• Regulation 4 and paragraph 3 of schedule 1 of the Packaging (Essential Requirements) Regulations 2015 of the United Kingdom
• Regulation 4 of the Plastic Bag Prohibition on Importation Regulations 2006 of Samoa
• Regulation 4 of the Environment Protection (Restriction on Importation, distribution and sale of plastic utensils and polystyrene boxes) Regulations 2017 of Seychelles
• Articles 3 and 4 of Decree No. 202 on Rules on the Standards of Product Packaging Materials and Products of the Republic of Korea
• Paragraphs 3 and 4 of the Standards for Classification of Biodegradable Plastic bags 2012 of Maldives

For example, in the United Kingdom, the Packaging (Essential Requirements) Regulations of 2015, which transposed the Essential Requirements under European Union Directive 94/62/EC of 1994, empowers enforcement authorities to require a company to submit its compliance documentation, including its declaration of conformity and supporting technical documents, and makes reference to the broad enforcement powers granted in the Consumer Rights Act 2015.
These include the following powers:
• to enter a premise without warrant
• to inspect products
• to test equipment
• to seize goods and documents

Enforcement measures could include inspections, prosecutions and/or audits.

• Article 11 of the Law on Waste Management of Montenegro
• Articles 4 – 9 of the Packaging Management Decree of the Netherlands
• Regulation 8 and Schedule 7 of the Waste Regulations 2011 of Malta
• Regulations 4, 5 and 6 of the Producer Responsibility Obligations (Packaging Waste) regulations of the United Kingdom
• Regulation 10 and 11 of the Environmental Management and Coordination (Plastics Bags Control and Management) Regulations 2018 of Kenya

In Brazil:

• Sao Paulo offers payment for services rendered, per tonne of recyclable material collected, under Law No. 2336/04 on a System for the Sustainable Management of Solid waste.
• Waste pickers' organizations are contracted by municipalities to perform selective waste collection without a bid for service provisions, such as per the Basic Sanitation Law Brazil.
• The rights of waste pickers to access, sort and recycle reclaimable materials and tender for contracts are acknowledged. Through the institutionalization of waste pickers' organizations, in Decree No. 7.405 of 2010, the country seeks to improve working conditions, economic livelihoods, and recycling.
• Waste pickers receive payment for their services in collecting and transporting recyclable materials and support for their organization into collectives.

See for example Waste Prevention and Management Act of Bhutan, 2009.

Separate collection of plastic packaging is known to increase recycling because it allows valuable streams to be extracted and hazardous materials to be removed while diminishing cross -contamination. Alternatively, legislation may support single -stream collection that is then separated manually or with technological sorters or a combination of the two.

Fee programmes may include landfill fees or pay -as -you -go programmes which can be set up with variable rate pricing (different fees for different sizes of container), unit pricing (a fee per bag of waste) or user fees (a set price that is charged to residents or businesses based on the amount of waste they produce to incentivize the minimization of waste).

For example, in France Law No. 2020-105 of 2020 on Combating Waste and on a Circular Economy includes regulatory measures that aim for all plastic to be recyclable by 2025 and for a 50 per cent reduction in the use of single-use plastic bottles in the next decade. Fast-food restaurants and takeaways have to stop using plastic containers by 2023.

In the US state of California, the Rigid Plastic Packaging Container Program of 1991, amended in 2013, includes exemptions for rigid plastic packaging containers that contain drugs, medical devices, cosmetics, food, or infant formula as defined in the US Federal Food, Drug and Cosmetic Act. In this case, these products are exempted because a separate law defines the specific requirements for this type of packaging.

Considerations relating to "light weighting": The reduction of packaging on the basis only of weight (also known as lightweighting), as opposed to reduction of the number of articles, has its limitations, as a focus on lightweighting can lead to fewer valuable recyclable products.

Terms to be defined: Extended Producer Responsibility (EPR); take-back and deposit-refund schemes

Legislation should:
• Define who or what constitutes a producer and which products are to be included;
• Distinguish between domestic producers and importers.

Legislation can also address the question of who is legally responsible for the different single-use plastic waste streams and the obligations of domestic producers in relation to plastic that they export.

Importing countries versus countries that have local manufacturers of plastic packaging: Legislators should consider how to address the legal question of who the producer is in relation to different product streams and the application of the law to products manufactured locally and to those imported. This includes consideration of whether EPR laws should provide for exemptions for certain products.

For example, in the province of British Columbia, Canada, the 2004 Recycling Regulation, under the 2003 Environmental Management Act, defines a producer as “a person who manufactures the product and uses in a commercial enterprise, sells, offers for sale or distributes the product in British Columbia under the manufacturer’s own brand”. The law also outlines its application to producers of specific categories of beverage container product in the Schedule of the Act, exempting small producers.

Consider the following eco-design criteria:

• Reduced plastic packaging or "lightweighting": Mandatory requirements can be set for the weight of plastic packaging.

• Percentage of recycled content: Mandatory requirements can be set for the minimum amount of post-consumer recycled plastic content in a product. This requirement has been applied to plastic trash bags at the design stage.

• Composition of products: Mandatory restrictions on chemical compounds or additives in plastics used for specific purposes can be set to reduce the toxicity of the product.

• Use of bio-based material: Mandatory requirements can be set for the use of bio-based materials as part of product content.

Taxes or fees on materials that are difficult to recycle can encourage producers to use alternative materials. Modulating EPR fees according to criteria like the ones mentioned above, and charging less for the collection and management of waste from products that have been eco-designed are another way to influence eco-design. Legislators should consider whether hybrid approaches that combine standards and incentives with economic signals could improve upstream eco-design as part of a broad comprehensive EPR scheme.

Effectiveness of economic instruments in facilitating eco-design: There have been few long-term, comprehensive evaluations of the effectiveness of EPR in influencing ecodesign for different types of single-use plastic product. This could be related to the size and influence of the market in jurisdictions where eco-design elements in EPR are in place. There need to be sufficient incentives for eco-design for large international companies through their EPR systems to effect changes in products or packaging.

In Australia, under the Product Stewardship Act 2011 national authorities determine which materials are included in the EPR system by examining the following factors:

• the operating practices of those who are signatories to the EPR;
• assessment of the quantity of the materials collected for reuse, recycling or energy recovery;
• whether there is a curbside recycling collection system or another material recovery system;
• the status of technologies for reuse, recycling or energy recovery;
• any competition issues that may arise from including or excluding particular materials;

In the European Union, member States vary the fees for different types of plastics depending on their characteristics (toxicity, durability, reusability, repairability, recyclability/compostability), with lower fees imposed on less harmful plastics.

For example, under the German Act on Reorganizing the Law on Closed Cycle Management and Waste of 2012, the Government may mandate that records be kept concerning the products put into circulation and their characteristics; the return of waste; participation in systems for accepting returned goods; and the type, quantity, recovery and disposal of the waste accepted for return.

See UNEP report for guidance here

Key terms to be defined: Extended Producer Responsibility (EPR); Take-back and deposit-refund schemes; Single-use plastics

Under the 2003 Environmental Management Act and 2004 Recycling Regulation in British Columbia, Canada, producers must recover 75 per cent of the packaging they produce or face fines, unless they join a producer responsibility organization, in which case that organization must collect 75 per cent of the aggregate amount of packaging placed on the market by its member producers.

New forms of legislation that support the recycling industry can be found in a number of countries.
In the United States, a new bill for a Save Our Seas 2.0 act was proposed in Congress in 2019. The act would create a state fund to strengthen domestic recycling infrastructure, develop guidance on harmonizing recycling protocols for municipal recycling programmes and improve the quality and sorting of post-consumer recyclable materials through opportunities such as education and awareness programmes, improved recycling infrastructure, enhanced markets for recycled material and standardized measurements.

European Union: Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment.
• This directive requires that member States achieve a target for the collection of plastic bottles of 90 per cent by 2029; plastic bottles must contain at least 25 per cent of recycled content by 2025 and 30 per cent by 2030. According to Article 4, "Member States shall take the necessary measures to achieve an ambitious and sustained reduction in the consumption of the single-use plastic products listed in Part A of the Annex, in line with the overall objectives of the Union's waste policy, in particular waste prevention, leading to a substantial reversal of increasing consumption trends. Those measures shall achieve a measurable quantitative reduction in the consumption of the single-use plastic products listed in Part A of the Annex on the territory of the Member State by 2026 compared to 2022."
• Article 9 requires that "Member States shall take the necessary measures to ensure the separate collection for recycling:
(a) by 2025, of an amount of waste single-use plastic products listed in Part F of the Annex equal to 77% of such singleuse plastic products placed on the market in a given year by weight;
(b) by 2029, of an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight.
Single-use plastic products listed in Part F of the Annex placed on the market in a Member State may be deemed to be equal to the amount of waste generated from such products, including as litter, in the same year in that Member State".
• In order to achieve that objective, Article 13 requires that Member States report to the Commission data about the products subject to a consumption reduction objective, to enable the monitoring of the implementation of such consumption reduction objective in the directive.

Netherlands: Percentage of packaging to be recycled, by weight, according to the 2014 Packaging Management Decree
• The producer or importer is required to take care of the separate intake or collection and subsequent separation of packaging that they place on the market in the Netherlands and of the packaging that they have imported that has been disposed of in the given calendar year. The costs of separate collection or the collection and subsequent separation of packaging are to be borne by the producer or importer. The producer or importer shall ensure that, per calendar year, of the total of the packaging placed on the market in the Netherlands and of the packaging imported, at least the following percentage, by weight, is recycled: in 2015, 45 per cent, and, in 2021, 51 per cent.

Estonia: Packaging recovery targets The 2004 Estonian Packaging Act imposes excise duty for failure to meet a target for the recovery of packaging material. Section 36 of the Act sets the following recovery targets:
"1) at least 50 per cent annually of the total mass of packaging waste;
2) by way of recycling at least 25 per cent annually of the total mass of packaging waste and at least 15 per cent annually of the total mass of each type of packaging. […]
As of 1 January 2009, packaging waste shall be recovered as follows:
1) at least 60 per cent of the total mass of packaging waste per calendar year;
2) by way of recycling at least 55 per cent and not more than 80 per cent of the total mass of packaging waste per calendar year. […]
3) To ensure compliance with the recovery targets established in subsection (2) of this section, a packaging undertaking shall recover packaging material types as of 1 January 2009 at least to the following extent per calendar year […]
4) 55 per cent of the total mass of plastic waste, whereas 45 per cent of the total mass of […]

Certification and compliance documents often need to be included in recycling legislation where plastic waste is transported, traded or exported for recycling. Record-keeping assists in ensuring compliance with domestic or international controls on trade in plastic waste. Penalties for submitting inaccurate or false reports or for failure to allow entry and inspection of a recycling facility may support proper the regulation of the recycling industry.

The German EPR system requires plastic packaging manufacturers to pay a fee to a national waste management company. The size of the fee depends on the number of packaging units and the weight of the materials.

in Finland, under the EPR scheme in the 2014 Government Decree on Packaging and Packaging Waste (518/2014), all packagers of products or importers of packaged products regarded as producers are legally responsible for organizing a collection and recycling system for the plastic packaging waste entering the markets.

In France, under the Loi n° 2020-105 relative à la lutte contre le gaspillage et à l'économie circulaire (Law No. 2020-105 Regarding a Circular Economy and the Fight Against Waste).on combating waste and on a circular economy, there is an EPR scheme for packaging waste that requires recycling. Each year, producers are charged fees, which vary according to environmental performance, for example, rewarding good sorting practices (Watkins and others, 2017; Youdon and Stano, 2019).

Barbados - Section 3 of the Returnable Containers Act 1986
(1) Subject to subsection (2), no distributor or dealer shall sell or offer for sale, at wholesale or retail in Barbados, any beverage that is contained in a beverage container unless he is permitted to do so by the Minister under subsection (2).
(2) The Minister may, by order published in the Official Gazette, exempt a distributor or dealer from the provisions of this Act if he is satisfied
(a) that any such distributor or dealer has in place an adequate system for the recycling of beverage containers;
(b) that a person who is not a distributor or dealer has in place an adequate system for the recycling of beverage containers which may be utilized by a distributor or dealer.

Marshall Islands - Styrofoam Cups and Plates and Plastic Products Prohibition and Container Deposit (Amendment) Act 2018
"A beverage distributor shall pay to the Authority, through the Ministry of Finance and Banking and Postal Services, a deposit beverage container fee on each deposit beverage container manufactured in or imported into the Republic, which shall be imposed only once on the same beverage container. The deposit fee levied under Section 10 of this Division shall be assigned at the point of import."

Palau - Recycling Act 2006
"Section 6.Deposit fee. A beverage distributor shall pay to the Ministry a deposit beverage container fee on each deposit beverage container manufactured in or imported to the Republic. The fee shall.be imposed only once on the same beverage container. The fee shall be $0.10 per beverage container. The Ministry shall evaluate the amount of deposit beverage containers recovered during the first six months of the fully implemented deposit beverage container deposit program and recommend to the OEK any modification in the fee structure necessary to meet the deposit beverage container deposit program funding requirements." […]
"Section 7. Deposit beverage refund. Using the monies in the Recycling Fund, the Minister shall purchase beverage containers for $0.05 per container. Beverage containers may only be purchased through redemption centers established pursuant to section 8 of this Act. The Minister shall sell beverage containers for recycling at market prices." […]
"[Section 8. Redemption centers.] Such terms and conditions may differ among redemption centers and may be altered or amended from time to time as the situation warrants. Using the money in the Recycling Fund, the Minister may provide compensation not to exceed $0.025 per container to the redemption centers for their services."

Fiji - Environment Management (Waste Disposal and Recycling) Regulations 2007 "PLASTIC BOTTLES RETURN (Reg. 31):
Note: A facility that imports or manufactures plastic bottles must send returns to the Department of Environment of all import, manufacture, distribution, return and disposal of bottles. Returns must be in writing and sent every 6 months from the issue of the permit. Returns must relate to each site or premises occupied by the facility. Failure to send a return by the due date is an offence under section 44 of the Act and can lead to suspension of the permit."
"Conditions of plastic bottle permits 31.
(1) It is a condition of every plastic bottle permit that
(a) the permit holder will adequately train staff in the environmentally sound handling of plastic bottles;
(b) the name and distinguishing marks on bottles set out in the application for the permit will not be changed without the written consent of the WPC Administrator;
(c) the premises to be used will be kept safe and clear of debris;
(d) the permit holder will, separately or jointly with other holders of plastic bottle permits, maintain one or more plastic bottle collection centres for collection of used plastic bottles from consumers or retailers. Such centres may be part of general waste collection centres, but must be designated under regulation 40.

Further example laws:

• Sections 6 – 7 of the Recycling Act of Palau
• Articles 5 – 6 of the Ordinance on Beverage Containers of Switzerland
• Section 3 of the Returnable Containers Act of Belize
• Section 3 of the Plastic Bag Use Reduction Act of Palau
• Sections 1 – 3 of the Government Decree on a Return System for Beverage Containers of Finland
• Sections 23(3)(6), 24(8) and 25(1)(2) of the Law No. 017-2014 /AN On the prohibition of the production, import, marketing and distribution of non-biodegradable plastic packaging and plastic bags of Germany
• Article 13 of the Law No 87/2018 Amending and Supplementing Law No 249/2015 Regarding the Management of Packaging and Packaging Waste of Romania
• Sections 3 – 8 of the Statutory Order on Deposits on and the Collection etc. of Packaging for Certain Beverages of Denmark

In Sweden, for instance, PET bottles are collected and treated in a separate system, under Ordinance (2005:220) on return systems for plastic bottles and metal cans, which states that all bottles containing ready-to-drink beverages, excluding products containing a certain amount of dairy or fruit juice, must be included in a deposit system. A central company is responsible for the operation of the deposit systems. The customers are retailers of which the premises house vending machines that the retailers purchase. The retailers are given financial compensation for the deposits and handling fees. This system has a recycling rate of 85 per cent (Milios, Yu and Davani, 2018).

Note: Deposit-refund Schemes are limited to certain plastic products like PET bottles and certain containers

Unintended Consequences:

• Complementary measures: These laws may be more likely to succeed in conjunction with other legislative and non-legislative measures to reduce and manage waste, such as the expansion of infrastructure for solid waste management, consumer education, local business development, environmental levies, sustainable management of materials and product design. This, however, may create complexity for countries with limited resources.
• Fees and refunds: Administration of the fees, refunds, unredeemed refunds and charges can create complexity in the systems, especially when they apply to a number of different types of product and have to be applied to producers and retailers through rules or need to be automated across a country.
• Cross-border considerations: Where plastic products are traded across borders, concerns have been raised that mandatory deposit-refund systems create barriers to trade, given that they make it impossible to sell the same product in the same packaging in more than one country without changes to labelling and take-back systems
• Roll-out of systems: Container deposit laws may require detailed consultation to ensure understanding by the public, to optimize scheme design, including infrastructure such as collection points, and to minimize industry resistance.

These systems are often more challenging to manage, but may be more transparent in the long-run, and enjoy greater stakeholdere participation.

A number of European Union countries have different mandated fees to support their deposit refund system (UNEP, 2018c).

• Finland, for example, charges a registration and annual fee based on the turnover of goods in the company;
• Norway charges a recovery fee per kilogram of product recovered;
• Sweden charges an annual fee for those participating in the scheme and fees based on the type of packaging (consumer or business).

In many European Union member States, for example, deposit systems for non-reusable beverage packaging also include a requirement to inform consumers whether beverage packaging is covered by a deposit and return system, for example through the use of a common logo.

Tanzania
The Environmental Management (Prohibition of Plastic Carrier Bags) Regulations 2019 state that:
11. (2) The Minister shall promote the production and use of alternative carrier bags and wrappings.[…]
13. (2) … the Minister may:
(a) in consultation with the Minister responsible for Finance, prescribe financial and economic incentives to encourage the production and importation of alternative carrier bags and the setting up of plastic recycling and waste management facilities. […]
15. Local Government Authorities…shall:
b) conduct public education and awareness programs on

Panama
Law No. 1 of 2018 provides that the Minister of the Environment has responsibilities for developing awareness campaigns on biodegradable and non-degradable materials and the environmental benefits of using reusable bags and other environmentally friendly materials.

Artigo 13.0
Medidas de substituição
Para o cumprimento das metas e objectivos previstos no artigo anterior, os agentes económicos referidos no artigo 4.o devem promover, entre outras, as seguintes medidas:
a) Disponibilização de sacos biodegradáveis;
b) Disponibilização de sacos reutilizáveis;
c) Sensibilização ambiental dos colaboradores e dos consumidores no sentido de promover a responsabilidade relativamente à protecção do ambiente;
d) Promoção de campanhas de sensibilização ambi- ental junto dos consumidores, visando a sepa- ração dos resíduos na origem e o seu adequado encaminhamento dentro dos sistemas legais de gestão existentes.
Artigo 14.0
Programa de redução e substituição de sacos de plástico 1. O Governo elabora um programa de redução e substi- tuição de sacos de plástico que consiste em:
a) Medidas para a concretização das metas de redução e substituição da distribuição de sacos de plástico convencionais, por sacos reutilizáveis;
b) Realizar campanhas de difusão e conscientização sobre o uso racional do material degradável e ou não biodegradável, para o acondiciona- mento de produtos adquiridos em estabeleci- mentos comerciais de venda ao público;
c) Informar e capacitar os cidadãos sobre as pos- síveis alternativas que possam substituir as embalagens de plástico não degradáveis e ou biodegradáveis;
d) Promover a utilização de materiais nas embala- gens que sejam ambientalmente seguros.
2. O programa de redução e substituição de sacos de plástico deve estar concluído até 31 de Dezembro de 2015 e é revisto sempre que for necessário.
3. O programa de redução e substituição de sacos de plástico aplica-se durante o primeiro ano às entidades que a ele adiram voluntariamente, sendo obrigatória a partir do período de aplicação geral.

See pgs 52-53 of the Legislative Guide for the Regulation of Single-Use Plastic Products

Artigo 10.0
Adequação de tecnologia
Os produtores de plásticos convencionais em Cabo Verde devem adequar a sua tecnologia para abastecer os agentes económicos grossistas ou retalhistas no sen- tido de tornar inofensivo o saco de plástico no meio ambiente, no prazo de um ano a contar da entrada em vigor do presente diploma.

• Paragraph 10 and 15 of schedule 5 of the Waste Regulations, 2011 of Malta
• Section 45 of the Act, Reorganizing the Law on Closed Cycle Management and Waste of Germany

It is crucial to establish clear definitions in the law to avoid confusion during implementation and to facilitate interpretation and enforcement by the courts. Precise definitions of which products and materials are governed by the policy are particularly important, as are explanations of the activities that are regulated. Care should be taken when setting standards, as terms such as biodegradability and compostability, if poorly defined, can create confusion and have unintended environmental impacts. Some technical standards or terms may be better defined in regulations rather than in a primary law, in which case the primary legislation should clearly identify who is responsible for defining such terms in the subsequent regulation.

Complaints mechanisms allow the public to report misconduct or object to the way single-use plastics legislation is being enforced.

It is important to ensure that these institutions have the capacity to implement the policy and that:
- these authorities have a sufficient mandate to fulfil those responsibilities
- these authorities have sufficient financial and human resources to fulfil their mandate
- the responsibilities are clearly allocated among federal and local or state authorities and whether local authorities have the resources to implement federal directives