Legal systematization of green packaging
with the development of green packaging, many developed countries have formulated a series of environmental regulations and trade rules on the grounds of international environmental conventions and environmental protection provisions, which has increasingly become the main trade restriction measures taken by some countries in the name of protecting the environment. Green packaging has become a "green barrier" for developed countries to prevent developing countries from entering their markets, and some have had a serious impact on the development of China's foreign trade
how to make China's packaging industry develop rapidly, fully protect environmental resources, and walk out of a new way of coordinated development between the two is a major issue for the packaging industry to achieve sustainable development strategy. Its essence is to vigorously develop "green packaging" suitable for environmental protection and establish a development system and legal regulation system of green packaging, which is the best way and choice for the coordinated development of packaging industry and environmental protection
from the perspective of international trade and economic integration, the packaging industry is a cross national, cross regional and cross sectoral industry, which is characterized by dispersion in various fields and industries. The legal system of green packaging should implement the same standards for both domestic and imported commodity packaging, and the specific operation will be different. The main purpose of establishing China's green packaging legal regulation system is to develop China's green packaging, protect the ecological environment internally, trade interests and develop trade externally
to establish a legal regulation system for green packaging, we should standardize the behavior of packaging producers, commodity producers, sellers and consumers based on China's laws and regulations, clarify their respective positions and obligations in the system, and manage the classification, recycling and treatment of packaging waste at the same time. In addition, it also requires investment in resources and technology, the development of green packaging materials, the design and manufacture of green packaging, and the rational treatment of packaging waste. The establishment of a green packaging legal system is a systematic project. The following are the key points of thinking about its framework:
1. The operation mechanism of the green packaging legal system
◎ the environmental protection department, the competent department of the packaging industry and the material department should perform their respective duties and cooperate with each other according to the relevant national policies, laws and regulations, and do a good job in the development of green packaging and packaging waste treatment in China
◎ commodity producers have obligations in packaging waste treatment. According to the polluter pays principle, both domestic and foreign commodity producers should bear the cost of packaging waste treatment
◎ commodity producers apply to the environmental protection department for green packaging marks. The environmental protection department charges different fees according to the results of the green evaluation of packaging by the competent department of the packaging industry. Commodity producers actually bear the cost of handling packaging waste by paying the use fee of green packaging signs. Since this cost will be included in the product cost by commodity producers, that is, the internalization of environmental costs is realized
◎ after being discarded, the packaging with green packaging mark is included in the unified packaging waste recycling and treatment system. On the one hand, it and the film anti adhesion function 1 become the quantitative evaluation target of the openness of plastic film for treatment
◎ laws and regulations clearly stipulate the obligations of sellers and consumers in the recycling of packaging waste. Commodity producers and sellers are obliged to recycle the used transportation packaging, and sellers are obliged to recycle the sales packaging used by consumers free of charge in or near the sales store; Consumers are obliged to classify the used packaging waste and put it into the designated place
◎ producers, sellers and consumers should classify and store the used transportation packaging and sales packaging for the convenience of recycling by the material department
◎ the packaging waste classification and recycling system of the material department should provide classified garbage can transportation equipment, etc., and transport the classified packaging waste to the packaging waste treatment system for separate treatment. The reusable packaging waste can be reused, and the recyclable packaging waste can be transported to various recycling plants, such as plastic recycling plants, aluminum recycling plants, glass plants and paper mills for recycling, and the public waste that cannot be reused or recycled, Then it is incinerated to use the heat energy generated or landfilled
◎ the material department feeds back the information about the disposal of packaging waste to the environmental protection department, so that the environmental protection department can put forward modification opinions and suggestions on relevant laws and regulations, and further improve the whole green packaging system
2. Improve the legal system of green packaging
although there is no green packaging law in China, it does not mean that there are no laws and regulations regulating green packaging. As the pollution of packaging to the environment is a part of environmental problems, green packaging is an important aspect of protecting natural resources and preventing environmental pollution, so it should be regulated by the environmental protection law. The environmental protection law defines the principle of coordination between environmental protection and economic and social development; The principle of putting prevention first, combining prevention and control, and comprehensive treatment; The principles of polluter payment, user compensation, developer protection, and destroyer recovery, as well as the automatic statistical results of relying on the masses to protect the environment; Automatically record the force value or elongation of the maximum point, breaking point and specified point; Adopt the principle of dynamic display of experimental process and experimental curve by computer. In addition, the environmental protection law also stipulates basic systems such as environmental impact assessment system, "three Simultaneities" system, sewage charging system, permit system, deadline treatment system, etc. As a mandatory means of environmental management, legislative management is an effective measure widely adopted by countries all over the world. In order to ensure the smooth operation of the green packaging system, we must establish and improve the legal system, manage the production, circulation and use of packaging through legislation, and promote the development of green packaging with laws and regulations
at present, there are two types of environmental protection legislation related to packaging in various countries: one is single packaging legislation or regulations, such as prohibiting the use of certain materials; Second, comprehensive packaging legislation or regulations, such as the "packaging waste restriction law" formulated by Germany, France and other countries. It generally includes three aspects: restricting or prohibiting the use of packaging materials harmful to the environment; Establish a recycling agency for recycling packaging materials and its operation methods; Set targets for recycling various packaging materials, etc. At present, the laws and regulations on the management of packaging waste in China are not perfect, which makes the development of packaging industry and environmental protection present some uncoordinated phenomena. Therefore, we should establish the legal system of packaging waste management as soon as possible, establish and improve China's environmental standard system, and carry out certification from a high starting point. Western countries have experienced the stage of "pollution before treatment" in their economic development, which reminds other countries that they must not follow the old path and should reduce pollution to the lowest point while economic growth, (2) 24% in the automotive/mechanical field, which requires and improves relevant laws and regulations
many countries in the world stipulate that producers must use green packaging in the form of legislation. After Germany issued the packaging waste disposal act in 1991, some countries in Europe, North America and Asia have also formulated laws and regulations on green packaging in view of the pressure of environmental problems caused by packaging. Many developed countries not only require their packaging industry to comply with relevant laws and regulations, but also require imported packaging products and their wastes to comply with the same laws and regulations. Looking at the relevant regulations and policies of most countries, the measures taken in the aspect of environmental protection packaging mainly include the following:
◎ strictly inspect the packaging or prohibit entry to protect the ecological environment. In order to protect their own forest resources, crops and buildings, and prevent the spread of diseases and pests in packaging materials from harming their own resources, importing countries stipulate that some packaging materials are prohibited from entering the country or strictly inspected and treated. For example, the United States, Australia and other countries prohibit the use of straw to bundle goods or as packing materials. However, in the UK, for the air conditioning method of using straw or other hay as the padding for oral commodity packaging into high and low temperature impact testing machines, it is required to carry out preventive treatment such as sterilization and disinfestation in advance. Another example is that in Germany, in view of the fact that wooden crates cannot be recycled, wooden crates are forbidden to be used as the packaging of imported goods. The United States, Canada, Britain and the European Union have also issued relevant decrees to prohibit wooden packaging from entering their territory without fumigation, corrosion prevention and other treatment
◎ legislation prohibits the use of certain packaging materials. In addition to the fact that the customs prohibits imported goods from using packaging materials that may cause damage to their ecological environment, many countries have also adopted legislation to prohibit the use of certain packaging materials within their own borders. For example, Germany, Italy, Austria and other countries prohibit the production, import or sale of goods with polyvinyl chloride (PVC) as the packaging material. In order to protect the ozone layer, the European Union, the United States, Japan, South Korea, Australia, Singapore and other countries have also successively banned the use of CFCs containing foamed plastics. In addition, the European Union, the United States, Japan and other countries have also issued relevant bans on plastic packaging materials that cannot be recycled or decomposed
◎ storage return system. Many countries stipulate that reusable containers should be used for beer, soft drinks and mineral water to achieve the dual effect of not polluting the environment and saving resources. Consumers are required to pay a certain deposit to the store in advance when buying drinks, and return the deposit when returning the packaging to the store after use. Some countries have also extended this system to containers such as detergent and paint. For example, Germany enacted the bottle law in 1989, which stipulates the mandatory payment of plastic bottle deposits and the mandatory return of plastic bottles
◎ recycling or reuse laws. In order to promote the recycling of packaging, many countries have enacted reuse laws. For example, the German packaging waste disposal act clearly stipulates that manufacturers and sellers have the obligation to recycle the used transportation packaging, and implement the "who produces, who recycles, who sells, who recycles" to reuse and recycle these transportation packaging materials
in addition to clearly stipulating the recycling of packaging waste in the form of legislation, it also stipulates the specific objectives of the recycling, reuse or regeneration of packaging waste. For example, the German decree clearly stated that since July 1st, 1995, the recycling ratio of various packaging materials should achieve the following goals: Glass: 80%, tinplate: 80%, aluminum: 80%, cardboard: 80%, plastic: 80%, composites: 80%. According to the French law, 85% of packaging waste should be recycled in 2003. The Netherlands proposed that the recycling rate should reach 60% and the incineration rate should reach 40% in 2000. Austria requires that 80% of recycled packaging materials must be recycled or reused. Denmark requires that 50% of all waste must be recycled by 2000
environmental protection is an urgent problem faced by all mankind. The role of packaging in promoting economic development is obvious to all, but the pollution and damage of packaging waste to the environment are also increasingly prominent. Green packaging is the need of the development trend of international environmental protection. As a large packaging production country, China must solve the problems of packaging and environment. Adopt green packaging materials, implement green packaging design, constantly study and explore new technologies and processes, pay attention to and strengthen the treatment and management of packaging waste, establish a packaging waste recycling system, and improve the recycling, treatment and comprehensive utilization technology of packaging waste. policy making
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