Rapport de l'obstacle au commerce

Id: 93
Résolu - Action
Contexte
Importation de Singapour vers Maurice
05/10/2022 - Maurice
As per communiqué issued in February 2021, all plastic 'bags' are to be labelled so as to indicate the the name and contact address of the manufacturer or importer and (b) the type of exempt plastic bag. Since the manufacturer could not print the client's/importer's/buyer's name and address on these liners, we asked them if they could print their name and address to which they agreed instantly. To note that they could not print the name of the consignee/buyer/client/importer for the simple reason that they do not have a 'mould' for that. Hence the manufacturer sent an artwork to show how the plastic liner would look like with their name, address and type of plastic bag. The artwork was presented to MOE and one person confirmed that it is in line with the regulations and we can proceed with the importation - however the person called and hence we asked for a written confirmation. BUT the next day someone else from MOE called to say that it is NOT in line with the regulations and that the manufacturer's name and address are not acceptable and they need to print the name and address of the importer/buyer. Thus we produced the communiqué issued In February 2021 AND the one issued in December 2021 which clearly states the following: Quote: (i) exempt non-biodegradable plastic bags: (a) the name and contact address of the manufacturer or importer and (b) the type of exempt plastic bag set out in Part II of the First Schedule of the Regulations; Unquote: The communiqué CLEARLY states that it is EITHER the name and address of the MANUFACTURER OR IMPORTER. When we asked the officer how can she say something different from the communiqué, she explained we should not read this line as it is but to INTERPRETE it differently. She even explained that the communiqué is there as a GUIDE LINE only and it is what she says which should be considered. So two communiqués have been issued and we, general public, are to read them as guidelines and not as rules and regulations and the rules and regulations are what the officer says. Which is which at the end of the day? It is black on white that it is EITHER OR....and we are not in compliance since the manufacturer sent an artwork showing his name in FULL with ADDRESS and showing the type of exempted bag. So why this refusal when we are FULLY IN COMPLIANCE with the rules and regulations?
Non
Information sur l'obstacle au commerce
  • Autres obstacles (merci de préciser dans la partie information supplémentaire)
Un règlement national
Environment Protection (Banning of Plastic Bags) Regulations 2020
Information sur le produit
  • Autres produits
These liners as we call them are fragranced/scented and anti-microbial. These liners are not sold and cannot be sold to the general public or any other parties for they can only be used in the special bins as explained above. Also, these liners are handled by the importer/service provider only. Our staff place the liners in the bin and once the bin is full, it is the impoter/service provider who collects these liners for incineration in specific places. As mentioned above, these scented/fragranced anti-microbial liners are used to collect the disposal of sanitary wastes/pads of women and also medical wastes like cottons/gauze and hence normal plastic cannot be used for same purpose.
Information supplémentaire
If we are in compliance with the regulations of Environment Protection (Banning of Plastic Bags) Regulations 2020, why are we not being allowed to import our cargo which we already imported two times already this year? Why being in compliance with the WRITTEN regulations, that officer still maintain we are not allowed to put the manufacturer's name and we should read the communiqué as a guideline?
Les mises à jour de rapport
23/11/2022   Nouveau
30/11/2022    En cours de résolution Détails

Dear Sir/Madam, We thank you for using the TOAM platform for reporting this obstacle. Kindly note that your complaint has been approved and will be forwarded to the concerned government agency. Regards National Focal Point
30/11/2022    En cours de résolution Détails

Message du PFN le 30/11/2022 06:28:31
Dear Sir/Madam, Kindly find attached a reported trade obstacle falling under the purview of your Agency. We would be grateful if the necessary actions can be taken to resolve this issue. Relying on your usual collaboration. Regards, The National Focal Point


Réponse de l'agence compétente le 13/12/2022 05:53:45
1. We refer to Trade Obstacle Report 93. 2. According to the Regulation 5 (1) of the Environment Protection (Banning of Plastic Bags) Regulations 2020, No person shall import or manufacture an exempt plastic bag unless he is registered with the Director. 3. Kindly note that the above regulation is meant for the local importer and local manufacturer to be registered with the Director. 4. Moreover, the local importer and local manufacturer are both liable in case of non-compliance to Regulation 14 (c) and 14 (d). Hence, any person importing or manufacturing a plastic bag shall commit an offence and shall on a first conviction, be liable to a fine not exceeding 100,000 rupees in line with Regulation 14 (c). 5. It is to be noted that this Ministry cannot entail legal action against a manufacturer based abroad. 6. This is to confirm that according to Regulation 5(2)(a) and the communiqués issued by this Ministry in February 2021 and December 2021: (i) the name of the local importer is to be displayed on the imported exempt plastic bags. (ii) the name of the local manufacturer is to be displayed on locally manufactured exempt plastic bags.
13/12/2022    En cours de résolution Détails

Dear Sir/Madam, We have been informed by the Ministry of environment and Climate change that "According to the Regulation 5 (1) of the Environment Protection (Banning of Plastic Bags) Regulations 2020, No person shall import or manufacture an exempt plastic bag unless he is registered with the Director. Kindly note that the above regulation is meant for the local importer and local manufacturer to be registered with the Director. Moreover, the local importer and local manufacturer are both liable in case of non-compliance to Regulation 14 (c) and 14 (d). Hence, any person importing or manufacturing a plastic bag shall commit an offence and shall on a first conviction, be liable to a fine not exceeding 100,000 rupees in line with Regulation 14 (c). It is to be noted that this Ministry cannot entail legal action against a manufacturer based abroad. This is to confirm that according to Regulation 5(2)(a) and the communiqués issued by this Ministry in February 2021 and December 2021: (i) the name of the local importer is to be displayed on the imported exempt plastic bags. (ii) the name of the local manufacturer is to be displayed on locally manufactured exempt plastic bags." Regards, National Focal Point
22/02/2023    Résolu - Action Détails

Dear Sir, Kindly note that the Ministry of Environment, Solid Waste Management and Climate Change. "This is to inform you that considering the difficulties encountered with the labelling requirements on those exempt plastic bags, Government Agreement has been obtained on 10 February 2023 to allow registered importers and manufacturers of exempt plastic bags meant for the disposal of waste, including quarantine and clinical waste, to henceforth conspicuously display only the “purpose” of such exempt plastic bags, for example “disposal of waste” or “sac à déchets” . A communiqué dated 10.02.2023 has accordingly been issued to that effect and has been communicated to you. Regards, The National Focal Point


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