Law No. 22/X/2023 of April 18

This Law established the Legal Regime for the Commercialization, Import, Distribution, and Production of Single-Use Plastics, which applies to all sectors of economic and industrial activity and to all economic agents engaged in wholesale and retail trade, whether formal or informal, and to all stages of manufacture, processing, and distribution of single-use plastic materials and objects, with the exception of the areas of health, cosmetics, and personal hygiene.

Law No. 22/X/2023 of April 18 aims to prohibit the import, production, sale, and use of any object, bag, or packaging made of single-use plastic, thereby drastically reducing the plastic pollution caused by these materials,” reads the Official Gazette (BO) in which the law was published.

Although it was expected to come into force on October 15, 2023, the truth is that the prohibitions established therein did not take effect immediately, due to a transitional provision stipulating that the rules relating to the prohibitions contained in this Law shall come into force one year after its publication, i.e., on April 19, 2024.

However, in July this year, the Specialized Committee on Economy, Environment, and Spatial Planning met to consider the proposed law amending the legal regime for the marketing, import, distribution, and production of single-use plastics. The amendments disregard the effective date of January 2025, aiming to give companies and public institutions sufficient time to adapt to the new requirements.

The law provides for penalties in the event of non-compliance, namely fines ranging from 10,000$00 (ten thousand escudos) to 300,000$00 (three hundred thousand escudos) or from 50,000$00 (fifty thousand escudos) to 1,500, 000$00 (one million five hundred thousand escudos), depending on whether the offender is a natural or legal person, in addition to ancillary penalties.

This new legal framework comes under the Basel Convention on Hazardous Waste, to which Cape Verde is a party. This Convention deals with the issue of waste management in its various aspects, in order to address the enormous environmental imbalance caused by the inadequate management of plastic waste.

Joint Ordinance No. 5/2024 of March 21

Approves the list of plastic items prohibited under Law No. 22/X/2023 of April 18, which establishes the Legal Regime for the Marketing, Import, Distribution, and Production of Single-Use Plastics. This list applies throughout the national territory.

List of prohibited materials:

The sale, import, and distribution of a range of single-use plastic products, such as beverage cups, cutlery, plates, bowls, meal trays, drink stirrers, cotton buds, straws, food packaging, and containers, among others, is now prohibited.

 However, there are exceptions for products that are proven to be biodegradable and/or contain at least 50% recycled material, such as trash bags, containers for packaging fruit and vegetables, and plastic bags.

However, in the case of plastic bags, their production is conditional on being proven biodegradable, or being composed of at least 35% recyclable plastic, and their importation is prohibited unless they are proven to be biodegradable.

Containers made of expanded polystyrene, such as capsules, lids, food boxes, and balloon sticks, are also prohibited.

The importation of any single-use plastic object is subject to prior authorization from the National Environment Directorate, in accordance with the aforementioned Law and Joint Ordinance.