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    Protectionist Trends in Environmental Law: Limiting the Use of Plastic Bags
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    Protectionist Trends in Environmental Law: Limiting the Use of Plastic Bags

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    Colombia, as a social state under the rule of law, must guarantee respect for human dignity and the prevalence of the general interest. Therefore, Article 8 of the Political Constitution establishes as an obligation of the State and of individuals to protect the cultural and natural wealth of the Nation. Likewise, Article 79 establishes that all persons have the right to enjoy a healthy environment and that it is the duty of the State to protect the diversity and integrity of the environment and to promote education for these purposes.

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    Colombia, as a social state under the rule of law, must guarantee respect for human dignity and the prevalence of the general interest. Therefore, Article 8 of the Political Constitution establishes as an obligation of the State and of individuals to protect the cultural and natural wealth of the Nation. Likewise, Article 79 establishes that all persons have the right to enjoy a healthy environment and that it is the duty of the State to protect the diversity and integrity of the environment and to promote education for these purposes.

    Thus, the Ministry of Environment and Sustainable Development, with the aim of promoting respect and harmony between humans and renewable resources, has developed environmental regulations and general rules on the environment to which all persons and, in general, all activities carried out in the industrial, transportation, mining, and other sectors that may directly or indirectly cause environmental damage must adhere.

    In this sense, projects and public policies promoted by the Ministry of Environment and Sustainable Development have focused on promoting alternatives to reduce the manufacturing and use of plastic bags, since today plastic bags have become a highly polluting product for the environment.

    In accordance with the above, it is important to mention that the first plastic bags were manufactured in the United States around 1957 and were used to store bread, snacks, fruits, and vegetables. Later, plastic garbage bags began to appear along curbs worldwide in the late 1960s. However, the true takeoff of these products occurred in the mid-1970s when a new manufacturing process reduced the production costs of individual bags, allowing major stores and supermarkets to offer their customers an alternative to wicker baskets or shopping carts.

    In Colombia, the excessive use of plastic bags has generated high pollution in rivers, oceans, and cities in general, as well as flooding due to the obstruction of gutters or drainage channels. Therefore, the Ministry of Environment has developed various campaigns to promote environmental culture, inviting citizens to make appropriate use of plastic bags to prevent environmental deterioration. In this sense, the Ministry of Environment, together with the WWF, conducted a campaign to promote the rational use of plastic bags.

    According to research conducted by the entity, every minute, more than two million bags are used worldwide; each bag has an average useful life of 20 minutes, and only 5% are recycled, while they take hundreds of years to decompose; and the vast majority end up in rivers and oceans.

    The Ministry of Environment and Sustainable Development has invited Colombians to use alternative packaging means, to ask for bags only when necessary, to reuse them, and to deliver them once used to authorized collection points for recycling.

    Thus, in Colombia, the use of bags has begun to be regulated. Through Article 207 of Law 1819 of 2016, it was established that, as of July 1, 2017, the delivery, under any title, of plastic bags intended to carry or transport products sold by commercial establishments that provide them shall be subject to the national consumption tax.

    National tax rate:

    Year

    Rate in pesos per bag

    2017

    $20

    2018

    $30

    2019

    $40

    2020

    $50

    Table 1: National tax rate on the use of plastic bags. Source: Law 1819 of 2016, Article 207.

    As provided by law, the rates shall be updated annually by a percentage equivalent to the variation in the consumer price index certified by DANE as of November 30, and the result shall be rounded to the nearest peso. DIAN shall certify and publish the updated rates before January 1 of each year.

    Likewise, Resolution 0668 of April 28, 2016 prohibited the circulation of bags smaller than 30x30 centimeters, and those exceeding that size must have greater resistance so that they can be reused.

    In this sense, certain duties have been established for consumers in order to reduce consumption. Therefore, keep in mind that you must reuse plastic bags, not demand additional plastic bags, follow the instructions provided by bag distributors, and remember that it is prohibited to abandon, dispose of, bury, or accumulate plastic bags or their fragments in an uncontrolled manner within the national territory.

    Although the regulations have caused discomfort among citizens, we must all commit to the planet and foster a culture of environmental preservation regarding the consumption and rational use of plastic bags, and in general, other associated products to prevent environmental deterioration.

    Finally, remember that, starting tomorrow, July 1, 2017, the delivery, under any title, of plastic bags intended to carry or transport products sold by commercial establishments will be subject to the national consumption tax.

     

    June 30, 2017