The first round of negotiations for a global plastics treaty concluded Dec. 2 with countries agreeing to end plastic pollution, but disagreeing on whether the goals and efforts should be global and mandatory, or nationally owned and voluntary.
This meeting in Uruguay is only the first step, and the UN is expected to hold four more global meetings to advance the convention-making process.
On December 2, 2022, the first session of the Intergovernmental Negotiating Committee for the Development of an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment (hereinafter referred to as the "International Instrument") (hereinafter referred to as "INC-1") was successfully concluded in Punta del Este, Uruguay. The delegates heard and considered the draft report on the work of the first session and the draft decision on the draft provisional agenda for the second session.
With the new crown epidemic still raging, it is not easy to gather more than 2,300 delegates from more than 160 countries to participate through online and offline methods, and it is easy to see that the plastic pollution problem is a common crisis faced by mankind.
During the past five days of negotiating sessions, country representatives and stakeholders have made general presentations, regional breakout groups and other informal consultations on the scope, objectives, structure, core obligations, control measures, voluntary approaches, national action plans, means of implementation (including capacity building, technical assistance and funding), support for monitoring and evaluation of implementation progress and effectiveness, as well as national reporting, stakeholder engagement and action, standard provisions for final provisions, sequencing and suggested further work.
The author notes the innovative format of this negotiating committee, for example.
1. an informal group, in addition to the contact group, was established and tasked by the negotiating committee to focus on stakeholder participation, discussion of the format and procedures for future negotiations, and preparation of preliminary documents.
2. The format of holding stakeholder dialogues during the negotiating plenary sessions was pioneered to allow participating national delegations to listen to multi-stakeholder views, proposals and supporting information to facilitate content discussions for the preparation of international instruments.
The first session did not reach a consensus on many issues, and it was more a matter of each delegation shining a light on its core demands from its own perspective.
Scope: The proposal covers the entire life cycle of plastics, starting from their polymerization to their final recovery and recycling and environmentally sound disposal, including plastics, plastic products, additives, micro- and nano-plastics, and other existing and potential future chemicals related to plastics.
In terms of purpose: some countries and regions suggested focusing on the elimination of all plastic pollution in the environment (both land and sea); some delegates suggested balancing human health and public health; some emphasized that both existing waste and potential unknown sources of future pollution should be taken into account; and others suggested considering economic sustainability and maintaining flexibility of purpose.
Principles: The most mentioned are four principles, including whole life cycle assessment, non-hazardous and non-toxic circular economy, polluter pays and extended producer responsibility.
Structure of the instrument: The vast majority of countries suggested the form of a specific convention or a hybrid mechanism, and suggested a balance with existing conventions, such as the Basel, Rotterdam and Stockholm conventions.
In terms of potential elements: some remarkable points were also found, for example: some countries proposed to limit and reduce the production of all virgin plastics, which was also opposed by another part of the countries, because it is plastic pollution and not plastic itself that the international instruments want to end, and if restrictions and phase-out are to take place, they should focus on single-use plastic products.
Many countries also emphasized the need to distinguish between the responsibilities of developed and developing countries, and between the responsibilities of plastic producing, consuming and small island countries, given the historical cumulative nature of plastic pollution and the mobility of marine plastic pollution, although plastic pollution is a common challenge for all countries. Many NGOs and interest groups have raised the issue of inclusiveness and called for a just and equitable transformation of international instruments, especially for populations vulnerable to or marginalized by pollution, including women, children, scavengers, indigenous peoples, and others. Other participants suggested segmenting and ranking plastics by category and considering cross-value chain analysis, suggesting more inclusion of private sector participation and advice.
Stakeholder participation: Many delegations stressed the importance of multi-stakeholder action and insisted on diverse stakeholder participation throughout the negotiation process, including written submissions during the intersessional period and the organization of stakeholder forums and dialogues with country representatives.
We were also able to note that the Chinese delegation was active in making presentations during each round of the discussion. The Chinese delegation hopes that the negotiations on the international instrument on plastic pollution will be problem-oriented, focus on plastic products that are prone to leak into the environment, adopt classification and control measures for different types of plastic products, and strengthen recycling and safe disposal. The delegation also believes that in the negotiation process of international instruments, the national conditions and capacities of different countries, especially the needs of developing countries, must be fully taken into account, and the principle of equity and common but differentiated responsibilities must be upheld. While solving their own plastic pollution problems, developed countries should strengthen their support to developing countries in terms of technology, finance and capacity building.
The development of an international instrument with broad coverage and technical difficulty in two years is a long way to go. In the next four rounds of negotiations, the negotiating committee will first determine the content of the three modules of scope, objectives and structure to lay the framework and direction for the international instrument, and more time will be reserved for the discussion and consideration of options for potential elements. It is noted that the second session of the Intergovernmental Negotiating Committee is scheduled to be held in Paris, France, from May 22 to May 26, 2023.
