Update on Global Plastic Treaty Negotiations

The fifth session of the United Nations (UN)  Intergovernmental Negotiating Committee (INC-5) is now underway in Busan, Republic of Korea. This global meeting is seeking to develop an international legally binding instrument on plastic pollution. Every year 19-23 million tonnes of plastic waste leaks into aquatic ecosystems, causing pollution in waterbodies.

In order to address this global challenge, in 2022 the UN called on the UN Environment Programme (UNEP) to develop an agreement based on a comprehensive approach to plastic pollution, addressing the full life cycle of plastic, including its production, design, and disposal. The negotiators first met in late 2022 at the INC-1, and the INC-5 is intended to be the last round of negotiations.

SWANA attended the INC-4, held in Ottawa, Canada, and organized a side event with the International Solid Waste Association (ISWA). The event, titled “Breaking Barriers: Circular Waste and Resource Management Tackles Plastic Pollution,” featured themes on the role of the solid waste and recycling sector, financing mechanisms, and circular business practices.

The presenters included high-level individuals from the UN as well as representatives from organizations and companies working to prevent plastic pollution and advance circularity. The event was well-received and SWANA and ISWA have been continuing to advocate and raise awareness about the integral role of our industry in preventing plastic pollution.

The current draft agreement has several options for language under each section and the delegates have been negotiating which option to select, as well as the structure of the treaty. The negotiators have much to accomplish this week to achieve the goal of finalizing a legally binding instrument

The outcomes of the INC-5 may impact plastic production, design, and available end markets. Key aspects to look for include financing mechanisms; policies related to extended producer responsibility, product design, and limits on plastic production; and the structure of the implementation.

Financing Mechanisms

Funding will be needed to support lower income countries with strengthening their infrastructure and process for collecting plastics. Many countries lack basic collection of waste and recycling, and the infrastructure to properly manage it. The prevention of plastic leakage into the environment requires supporting these countries with expanding their program and infrastructure. Improving waste management systems is an integral part of the solution, and more financial support is needed.

A similar discussion has been underway in the UN climate negotiations. The UN climate summit, COP29, recently concluded in Baku, Azerbaijan, where the negotiators agreed to fund at least US$300 billion a year by 2035 to support lower income countries with the climate transition, to adapt to climate change, and to respond to climate disasters. This agreement has faced criticism from many who maintain that the amount is not nearly enough to provide the support needed. It will be key to see how the INC negotiations handle funding for lower income countries.

Policy Alignment and Country Plans

The agreement may call on each participating country to make a plan to tackle plastic pollution. The US Environmental Protection Agency (EPA) recently released its National Strategy to Prevent Plastic Pollution, which focuses on a circular approach to materials management. SWANA’s press release on the strategy encouraged the EPA to utilize the knowledge of the individuals and organizations working in these areas to leverage best practices and new ideas.  

There have also been discussions on the role of policies that address plastic production, design, and management. There has been a debate about whether limits on the production of new plastic should be considered, which will continue to be discussed.

While some plastic packaging and products are designed for recycling, others do not, so guidance to design for recycling is important. The use of recycled content is key to strengthen the demand and consistent end markets for recyclables, and policies can incentivize or require this.

There is currently a patchwork of Extended Producer Responsibility (EPR) throughout the world, so the negotiators have also looked at guidance for aligning on EPR. SWANA recently created its own guiding principles and technical policy on EPR, presenting aspects that are of importance to SWANA members, such as incorporating the existing system, basing goals on data, and focusing on safety.

Implementation

The ability to continue to improve the treaty over time will be key to long-term success, so the agreement needs to be structured in such a way that future modifications and expansions can be efficiently incorporated. It will also need to address how to handle the tracking of progress to the commitments and enforcement action if commitments are not met. The ability to show accomplishments in the future will depend on clear and measurable targets with a mechanism to collect data and progress on the targets.

Conclusion

Waste and resource management professionals are working every day to responsibly collect and manage plastic and other materials, playing an essential role in the prevention of plastic pollution. This expertise can serve as a resource to negotiators and to advise countries that are developing their infrastructure.

The results of the INC-5 negotiations may have major long-term implications for the global waste and recycling industry and SWANA will be monitoring the outcomes.