PLASTICS POLLUTION CONTROL -KENYA’S

EXPERIENCE.

Mamo B. Mamo, EBS

Director General
National Environment Management Authority
(NEMA-Kenya)

7th March, 2023

OVERVIEW OF THE PRESENTATION
1. Kenya’s actions to control plastics
pollution
i. Ban on plastics bags
ii. Kenya’s proposed EPR
iii. Kenya’s other efforts on innovation, reuse,
and recycling to reduce plastic waste and
pollution.
2. WTO TBT principles contribution to
effective plastic waste and pollution
management policies
3. Regulatory Best practices to guide trade
facilitation and achieve goals.
4. Challenges and potential trade
implications.
5. WTO’s proposed roles/actions in the
control of plastics pollution
KENYA’S BAN ON PLASTIC BAGS
The Cabinet Secretary, MENR on the 28 Feb
2017 through the Kenya Gazette banned the
following:
- Use
- Importation and
- Manufacture of plastic carrier bags (with or without
handles or without gussets) used for commercial and
household packaging
Banned the use of flat bags (without handles
or with or without gussets)
This was in exercise of powers conferred
under
- Section 3 on the right to a clean and healthy
environment
- Section 86 on guidelines and standards on
waste management under (EMCA-1999) Cap
387
KENYA’S BAN ON PLASTIC BAGS..CONT’
This measure was notified under the Article 2.10.1
of the TBT Agreement – G/TBT/N/KEN/593. No
Specific Trade Concern (STC) was raised.
NEMA conducted Enhanced Education, information
and public awareness on the ban
Embassies information packs
Travel Advisory
Enhance collaboration with other govt agencies
Promotion of green growth

Clearance of applications for exempted plastics

based on based the following parameters and/or
considerations:
Packaging constitute primary industrial packaging
 Packaging for product preservation and public health
concerns;
 Packaging for security considerations;
Packaging for water and dust proofing;
 Packaging for product integrity on transit;
KENYA’S BAN ON PLASTIC BAGS..CONT’
Clearance of applications for exempted plastics
based on based the following parameters and/or
considerations: (Cont’)
Unavailability of non-plastic option/alternative,
 Packaging not constituting over-packaging and
 Demonstration of effective TBS and/or EPR
mechanisms.
The Authority planned and up scaled Packaging
Clearance by embracing the four internationally
accepted principles that guide waste management
systems, development and maintenance in order to
safeguard public health. I.e. polluter pay principles,
precautionary principles, Duty of care and
proximity to waste management infrastructure.
New plastics regulations currently being developed
The Kenya Govt has also prohibited the use of
disposable PET bottles in national reserves and
game parks.
KENYA’S PROPOSED EPR SCHEMES
Sustainable Waste Management Act (2022) - Kenya’s new law to
provide for sustainable management of Waste (including plastic wastes).
The Act provides for the creation of Extended Producer Responsibility
(EPR) schemes as well as a circular economy for the reduction of waste.
 The draft Extended Producer Responsibility Regulations, are based on
the Polluter Pays principle.
Main aim of the regulations is to provide a framework for the
establishment of mandatory EPR Schemes in the country to enhance
resource use efficiency, stimulate innovation, spur recycling and reduce
the amount of waste destined for final disposal.
To be compliant with the EPR regulations, producers must join a
Producer Responsibility (PRO) or elect to join an Individual Compliance
Scheme that is registered with the National Environment Management
Authority (NEMA) within six months of the enactment of the regulations.
KENYA’S PROPOSED EPR SCHEMES

.
KENYA’S OTHER EFFORTS ON INNOVATION, REUSE, AND
RECYCLING TO REDUCE PLASTIC WASTE AND POLLUTION
 Kenya's National Environment Management Authority is implementing a circular
economy based on the 3Rs (reuse, recycle, remanufacturing) and disposal.
 Kenya has put policies in place to encourage investment in, and recycling of, plastic
waste.
 Collaborations and other actions:-
 Formation of the PET task force
 Framework of Cooperation (FoC) on PET plastic with the private sector (Kenya
Association of Manufacturers) and the National Environmental Management
Authority (NEMA).
 Publication of the Kenya Plastics Action Plan (KPAP)
 Nationally Appropriate Mitigation Actions (NAMA) on Circular Economy Solid Waste
Management Approach for Urban Areas in Kenya
 County governments being responsible for environmental protection by collecting
waste and developing county policies and regulations.
 The Kenya Association ofManufacturers (KAM) connects county environmental
departments with contracted solid waste handlers.
WTO TBT PRINCIPLES CONTRIBUTION TO EFFECTIVE PLASTIC
WASTE AND POLLUTION MANAGEMENT POLICIES.
Notification requirement under the TBT Agreement – help eliminate
technical barriers to trade with in the guise of plastic regulations.
WTO TBT Agreement - consider that the protection of the environment
and health are legitimate policy objectives. A balance is needed though,
between safeguarding market access and protecting the environment.
Thematic sessions - Promote transparency, monitoring, and information
sharing.
CHALLENGES AND POTENTIAL TRADE IMPLICATIONS.
Diverse standards and limited data are complicating circular supply chains
Need to eliminate discrepancies between environmental and trade regimes
regulating transboundary movements of plastic wastes.
More efforts are needed to facilitate circular plastics investments
worldwide
Lack the capacity to efficiently review and process prior informed consent
(PIC) notifications for plastics as controlled waste under Basel Convention.
Free trade in plastic waste is not compatible with hoped-for environmental
outcomes as demonstrated in the current situation of marine plastics
pollution
Governments and firms must collaborate to scale the circular economy at a
global level.
Cross-border frictions and incoherent regional policies presents challenges
in tackling plastic pollution.
Domestic bans and slow approvals may at times curtail plastics recycling
REGULATORY BEST PRACTICES TO GUIDE TRADE FACILITATION
AND ACHIEVE GOALS ON PLASTICS POLLUTION
Voluntary sharing of all types of measures early, in a draft format, could
allow for further constructive debate and experience sharing.
Enhanced and early voluntary information-sharing on domestic policies to
increase transparency and international cooperation.
Mapping international action, cooperation with international institutions,
and focusing on core WTO capabilities would be key to avoid duplication
and ensure any trade discussions would add value to ongoing domestic,
regional, and international efforts to address plastics pollution.
The role of regional blocks key in addressing/developing coherent regional
responses to plastics pollution. Coherent regional level responses could
complement and reinforce global efforts on say marine plastic pollution.
Product design for recycling can broaden post-consumer plastic packaging
collection to include a broader range of materials and pack types.
 WTO’S PROPOSED ROLES/ACTIONS IN PLASTIC POLLUTION
CONTROL
Enhance information sharing and awareness by creating a publicly
accessible webpage on the WTO’s website about the work of the Informal
Dialogue on Plastics Pollution and Environmentally Sustainable Plastics
Trade (IDP).
adopt an aid for trade mandate to support developing Members to
design and implement trade policies related to plastic pollution.
promote transparency, monitoring and information-sharing on
trends in plastic trade and supply chains.
 THANK YOU!

Director General

National Environment Management Authority

(NEMA-Kenya)

P.O. BOX 67839-00200

NAIROBI, KENYA

Email: dgnema@nema.go.ke

Web:www.nema.go.ke