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Table 3.20 Principal technical regulations adopted over the period 2011 to May 2017
Regulation
(...)
Resolution No. 367/15 – Procedures for quality control and certification, determining the price of biodiesel fuel Type I and gas oil Types II and III
(...)
Resolution No. 353/17 – Implementing Article 2 of Decree No. 5.537/16 implementing Law No. 5.414/15 on promotion of a reduction in the use of polyethylene plastic and determining the prior import licence procedure for plastic and biodegradable bags
(...)
Decree No. 7.103/17 – Introducing registration of manufacturers or importers of incandescent or fluorescent lamps, under the MIC, establishing prior import licensing and mandatory certification of energy efficiency.

In February 2015, regulations on the prevention of biotechnological risks were endorsed by WAEMU, together with ECOWAS and CILSS. These will apply to any use of modified living organisms and their by products, which might have a negative effect on the environment, especially on biological diversity or human or animal health, with the exception of pharmaceuticals. Within WAEMU, regulations to ban plastic bags and their components were being adopted; similar measures are in place at the national level. National initiatives to ban the import of some products (meat products in particular) within the Union should be noted, particularly in Senegal in the case of poultry, in Mali for beef and poultry, and in Togo for frozen beef, inter alia.

In order to harmonize management of environmental and sanitary risks caused by plastic waste, WAEMU is adopting regulations to prohibit the production, sale and use of plastic bags and the plastic materials or products of which they are composed. Similar measures have been introduced at national level (see Annexes by country).

Table 3.1 Ecotax, 2016
Product Rate applied
Batteries and accumulators 0.5% of the c.i.f. value or the domestic production cost
Disposable recipients and packaging other than in plastic and containing various products 0.5% of the c.i.f. value
Empty disposable recipients and packaging other than in plastic 0.25% of the c.i.f. value
Sulphur under the transit regime CFAF 25/kg
Tobacco and cigarettes 5% of the c.i.f. value or the domestic production cost

Table 3.2 Products subject to special import authorization
Category/List of products Special authorization/ Technical notice Need for approval Legal basis,
Remarks
(...)
2. Regulated substances listed in Annexes A, B, C, D and F to the Montreal Protocol
1. 3. Products or appliances containing or functioning with regulated substances listed in Annexes A, B, C, D and F to the Montreal Protocol ASI (special import authorization) issued by the Ministry responsible for trade following an opinion from the Ozone Office No - Montreal Protocol
- Notice to traders No. 97/ 005/MCIA/SG/DGC of 11 March 1997
Products concerned: air conditioning appliances for motor cars and trucks; refrigeration appliances and air conditioners/heat pumps, for example: refrigerators, freezers, dehumidifiers, water coolers, ice makers, air conditioning devices and heat pumps, compressors; aerosols other than those used for medical purposes; portable fire extinguishers; insulation panels and coating for pipes; prepolymers.

4. Chemical products listed in Annex 3 to the Rotterdam Convention, products listed in the annexes to the Stockholm Convention Favourable opinion on import authorization from the Directorate General of Environmental Conservation No - Rotterdam Convention
- Stockholm Convention
(...)
6. Explosives and by products, cyanide "ASI" from the Ministry responsible for trade, import authorization from the Ministry responsible for mining and licence to operate the mine for mining companies. Opinion of the Ministry responsible for the environment required only for cyanide. No - Rotterdam Convention
- Stockholm Convention
(...)
11. Pesticides Prior authorization of the order (APC) for each order Yes - Law No. 041/96/ADP of 8 November 1996 establishing pesticide control in Burkina Faso
- Law No. 006/2013/AN of 2 April 2013 containing the Environment Code

12. Plastic bags and wrapping Approval certificate issued by the Ministry responsible for the environment
Results of the conformity analysis provided by the Burkina Standardization and Metrology Agency (ABNORM) No - Law No. 017 2014/AN of 20 May 2014 prohibiting the production, import, marketing and distribution of non biodegradable plastic bags and wrapping
(...)

Table 3.1 Special tax on certain products (ISCP)
Product Rate (%)
(...)
Biodegradable plastic bags 10
(...)

The production, import, and sale of bags and wrapping made of low density flexible plastic have been banned since 2015, but this measure is apparently not applied. [29] (...)

[29] Law No. 2014 63 of 5 November 2014 banning the production, import, sale, use and storage of bags and wrapping of low density flexible plastic, and its implementing Decree No. 2015 321 PRN/MESU/DD of 25 June 2015.

Table 2.1 Main trade related laws and regulations adopted or amended, 2009 2017
Area Instrument/text Latest amendment
(...)
Trade and investment (...) Law No. 2009 27 of 8 July 2009 on biosafety
(...)
Mining and energy (...) Law No. 2010 21 on renewable energy
Law No. 2010 22 of 15 December 2010 governing the biofuels sector
(...)
Environment Law No. 2015 09 on the banning of plastic bags
(...)

Senegal has notified the WTO that it does not have an import licensing regime. In addition to the import prohibitions decided at the community level or under multilateral agreements it has signed (common report, section 3.1.6), Senegal applies prohibitions, inter alia, for reasons of public order, security or morality; to protect the life or health of persons and animals; to protect the environment; and to safeguard competition. For example, drugs and narcotic substances, pornographic publications, hallucinogenic products and filament lamps cannot be imported. For environmental reasons, used bicycles and motorized bicycles of a cylinder capacity not exceeding 50 cc, used vehicles over a certain age , plastic bags with handles of a thickness not exceeding 30 microns [21] are banned. There are still bans on imports for sanitary or phytosanitary reasons (section 3.3.4).

[21] Law No. 2015 09 of 4 May 2015 banning the production, import, possession, distribution or use of low micron thickness plastic bags and the rational management of plastic waste.

Table 3.2 Products subject to authorization or approval, March 2017
Product Type of authorization/validity Authority
(...)
Plastic bags of a thickness exceeding 30 microns Prior authorization Directorate of the Environment and Classified Establishments