Search

The development of tourism is also encountering numerous environmental problems which are threatening natural resources; these problems mostly stem from non sustainable resource exploitation practices. For example, the beaches of Benin, Côte d'Ivoire and Togo are often covered with oil and detritus from ships being cleaned out off the coast. In this connection, Benin, Côte d'Ivoire, Guinea Bissau, Senegal and Togo signed and ratified the Abidjan Convention in March 1981. This Convention is aimed at solving the common ecological problems of the 22 coastal member States. The Regional Coordination Unit in Abidjan is charged with coordinating the various technical activities of the Action Plan, under the supervision of the UNEP Regional Office for Africa.

Admission to one of the preferential regimes is open to any newly created enterprise in any sector, if the business is of interest or special importance to attaining the goals of the national economic and social development plan. Companies engaging in the following activities are not eligible for these preferential regimes: (...) activities detrimental to the environment and to public health , for which an environmental compliance certificate is required.

Among other things, the Code aims to encourage local value added. Activities that consist of buying for resale in the same state or repackaging and wrapping finished goods are, therefore, not entitled to the concessions. Up to 2008, there had to be at least 50% value added in order to receive the concessions. This figure has, however, been lowered to 30% under the new ordinances. The Code requires beneficiaries to have a minimum of 60% Beninese nationals on the payroll. Investors must also comply with national or international quality standards applicable to goods and services that are the subject of their activities; protect the environment; keep SYSCOA (West African Accounting System) compliant accounts; abide by the approved investment programmes; allow controls by the authorities; and be entered in the Trade Register.

Pursuant to Law No. 2008 09 of 30 December 2008, an ecotax on polluting activities is imposed on a list of imported or domestic products at rates ranging from 0.25% to 5% of the c.i.f. value or production cost for domestically produced products (Table 3.1).

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

Pursuant to the Customs Code, the list of prohibited goods is determined according to the regulations of the WAEMU Council of Ministers (common report, section 3.2.3). Consequently, pursuant to WAEMU regulations, the Ministries responsible for the environment and trade each year establish the import quota for ozone depleting substances after consulting the branch's operators. A special authorization from the Directorate of Foreign Trade, valid for six months, is required to import such substances.

As a signatory to the Montreal Protocol, Benin undertook to ban the production and import of chlorofluorocarbons as of January 2010 and in 2010 a draft law was being prepared for this purpose.

Some goods can only be imported by authorized importers because of their particular and/or strategic nature or to ensure adequate supplies on the domestic market and guarantee their quality. They include in particular: (...) toxic and corrosive products; (...) radioactive products; (...)

In order to protect natural resources, Benin bans the export of unprocessed teak wood and charcoal. Export bans also apply to cotton seed and food crops.

Table 3.5 SPS regulatory framework, Benin
Legislative text Description
(...)
Order No. 188 MDR/DC/CC/CP of 22 April 1993 Criteria for authorization and use in agriculture of phytopharmaceuticals containing certain hazardous substances
(...)
Order No. 592/MDR/DC/CC/CP of 26 October 1995 General conditions for the use of certain fumigants in agriculture and special provisions on methyl bromide and hydrogen phosphide
(...)
Interministerial Order No. 40/MCAT/MDR/MSPSCF/ MEHU/MF/DC/DCI/DCE of 23 May 1997 Ban on the import and sale in the Republic of Benin of anti mosquito insecticides containing active ingredients and chemical products harmful to human health and the environment
(...)