We are a student team from Dalian University of technology. During the process of studying plastic degradation, we found that the domestic plastic pollution has not been well solved yet while it has formed a mature governance system at abroad. Through research and interviews among specialists, we believe that the problem of plastics has become a global problem and is becoming more and more serious due to it is small and difficult to degrade. Thus, we suggest that the relevant laws of controlling plastic pollution should be improved as soon as possible in order to pave the way for the development and industrialization of plastics garbage disposal in China.
Team:DUT China/Legislative
1 The urgent need to develop and improve the related laws and regulations
1.1 The status of plastics pollution
Plastics are widely used in production and life and are important basic materials. Nonstandard production and use of plastic products and recycling and disposal of plastic waste will cause waste of energy and resources and environmental pollution, and increase the pressure on resources and environment. Currently, large amounts of plastic debris are entering landfills or are left as waste accumulated in natural world, and it's a public emergency to prevent its release and accumulation in the environment via appropriate biological, chemical, and physical treatments.
In August 2021, the United Nations Biodiversity Organization released the document "The global plastic crisis is imminent". More than 180 countries and regions passed the plastic waste amendment of the Basel Convention, calling on human beings to minimize the generation of plastic waste and carry out environmentally sound management.
1.2 The domestic control of plastic pollution in China
In China, as one of the world's top 10 producers and consumers of plastic products, Chinese natural environment and city are faced with severe plastic pollution and high recycling pressure. In 2020, China produced 70.302 million tons of plastics and imported nearly 450 thousand tons. The total consumption of plastics in China in 2019 was about 90.877 million tons, of which millions of tons were used for packaging. Most of the plastic used for packaging is discarded in the environment in the form of waste film, plastic bags and cutlery. In terms of consumption level, the consumption of bottle-grade PET in China continues to grow from 6.33 million tons in 2016 to 9.49 million tons in 2020. In 2020, the total consumption of PET bottles in China reached 9.49 million tons. Although the export volume decreased to 2.34 million tons due to the epidemic in 2020, accounting for 24.7% of the total consumption, the domestic demand continued to expand, reaching 7.15 million tons. All these demands and consumptions have caused severe challenges in environment, especially for over accumulation of frequently used plastic form, PET, in biosphere.
2 The urgent need for NPC Standing Committee to issue relevant laws and regulations on plastic pollution
2.1 The introduction of plastic pollution related laws is in line with the short-term goal of the NPC Standing Committee.
According to the opinions of the Ministry of ecological environment of the national development and Reform Commission on Further Strengthening the treatment of plastic pollution, more attention will be paid to the field of ecological and environmental protection this year. In particular, we should attach great importance to strengthening legislation and revising ecological and environmental protection laws. For example, it is prohibited to produce and sell ultra-thin plastic shopping bags and ultra-thin polyethylene agricultural film. It is prohibited to manufacture plastic products with medical waste as raw materials. The import of waste plastics is completely prohibited.
2.2 The introduction of relevant laws on plastic pollution is conducive to the standardization of the application of evidence rules in the arbitration and litigation stages of plastic pollution related cases.
We think, the laws promulgated by the NPC Standing Committee can be applied to the whole country and can be used as the basis for the court to decide directly. We suggests that a special law for plastic pollution should be established in China to avoid the loss of credibility of arbitration award or court award due to the inconsistency of arbitration and litigation award standards. Also, if laws and regulations are promulgated by other relevant departments, the order of application in law is lower than that promulgated by the NPC Standing Committee.
2.3 The law on plastic pollution issued by the NPC Standing Committee can be more authoritative.
The NPC Standing Committee, as a permanent organ of the highest legislature in China, enjoys the highest legislative power, so the revised bill on plastic pollution made by NPC Standing Committee can be applied nationwide, which will supply a gap of the law related to plastics.
3 Conception of the draft related to plastic pollution
3.1 Sorting out the existing laws
At present, there is a gap in laws related to plastic pollution in China. We have collected the domestic and foreign laws and obtained some inspiration from the determination of aerobic biodegradability of single-layer and multi-layer coatings issued by the D20 plastics Committee. We have consulted experts at home and abroad who study in plastic pollution, and their suggestions will serve as a supplement. Good Manufacturing Practice.
3.2 Draft concept
Chapter I General Principles
Article 1
This law is formulated to protect and improve the living environment and ecological environment, prevent pollution and other public hazards, and protect human health.
Article 2
The term "environment" in this law refers to the totality of various natural and artificially modified natural factors that affect the survival and development of human beings, including the atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wildlife, and nature. Relics, cultural relics, nature reserves, scenic spots, cities and villages, etc.
Article 3
This law applies to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4
The plastic pollution control plan formulated by the state must be incorporated into the national economic and social development plan. The state adopts economic and technical policies and measures that are conducive to plastic pollution control to coordinate the plastic pollution control work with economic construction and social development.
Article 5
The State encourages the development of scientific education for plastic pollution control, strengthens the research and development of plastic pollution control science and technology, improves the scientific and technological level of plastic pollution control, and popularizes scientific knowledge of plastic pollution control.
Article 6
All units and individuals have the obligation to protect the environment and have the right to report and sue those units and individuals that pollute and damage the environment.
Article 7
The environmental protection administrative department of the State Council shall implement unified supervision and management of the national plastic pollution control work. The environmental protection administrative department of the local people's government at or above the county level shall implement unified supervision and management of the plastic pollution control work in the area under its jurisdiction. The national maritime administrative department, port supervision, fishery and fishing port supervision, military environmental protection departments, and various levels of public security, transportation, railway, and civil aviation management departments shall supervise and manage the prevention and control of plastic pollution in accordance with relevant laws. The land, mineral, forestry, agriculture, and water conservancy administrative departments of the people's government at or above the county level shall supervise and manage the protection of resources in accordance with the provisions of relevant laws.
Article 8
Units and individuals that have made remarkable achievements in the treatment of plastic pollution shall be rewarded by the people's government.