Background
On
2022, UN Environment Assembly requested the Executive Director of UNEP
to convene an intergovernmental negotiating committee (INC) for reaching
a global plastics treaty. The INC was tasked with developing an
international legally binding instrument on plastic pollution, including
in the marine environment, henceforth referred to as “the instrument”,
which could include both binding and voluntary approaches, based on a
comprehensive approach that addresses the full life cycle of plastic.
INC-4
The
fourth session of the INC to develop an international legally binding
instrument on plastic pollution, including in the marine environment
(INC-4), was held in Ottawa, Canada, from 24th to 29th April, 2024. The
session ended with an advanced draft text of the instrument and
agreement on intersessional work ahead of the fifth session (INC-5) in
November 2024 in Busan, South Korea.
More than 2,500 delegates
participated in INC-4, representing 170 Members and over 480 Observer
organizations including - non-governmental organizations,
intergovernmental organizations, and UN entities. INC-4 marked the
Committee's largest and most inclusive gathering to date, with Observer
participation increasing by almost fifty per cent.
Over the
course of INC-4, delegates worked on negotiating the Revised Draft Text
of the international legally binding instrument. Delegates discussed,
among other things: emissions and releases; production; product design;
waste management; problematic and avoidable plastics; financing, and a
just transition.
At this meeting, some areas of convergence, or
“low hanging fruit,” emerged, including on provisions addressing plastic
waste management and just transition. But sharp divergence was also
noted, especially on whether to include any provisions on primary
plastic polymers, how to address chemicals and polymers, and how to
address linkages to existing processes. Other areas of divergence
related to financing, extended producer responsibility, and,
significantly, the scope of the agreement.
Delegates
eventually agreed to establish two ad hoc intersessional open-ended
expert groups, whose work will be considered at INC-5 in November 2024,
to:
• develop an analysis of potential sources and means that
could be mobilized for implementation of the objectives of the
instrument including options for the establishment of a financial
mechanism, alignment of financial flows, and catalyzing finance; and
•
analyze criteria and non-criteria-based approaches, with regard to
plastic products and chemicals of concern in plastic products and
product design, focusing on recyclability and reusability of plastic
products considering their uses and applications.
INC Members
also agreed on intersessional work – expert meetings that take place
between the official INC sessions – that is expected to catalyze
convergence on key issues. In addition, Members decided to create an
Open-ended Legal Drafting Group to form at INC-5, serving in an advisory
capacity by reviewing elements of the draft revised text to ensure
legal soundness.
While some proposed convening an additional
session of the Committee before INC-5, due to the amount of work
remaining, delegations were unable to reach agreement. This left some
participants expressing uncertainty as to whether the negotiations will
be able to produce a robust agreement to address plastic pollution by
the end of 2024.
“We came to Ottawa to advance the text and with
the hope that Members would agree on the intersessional work required
to make even greater progress ahead of INC-5. We leave Ottawa having
achieved both goals and a clear path to landing an ambitious deal in
Busan ahead of us,” said Inger Andersen, Executive Director of UNEP.
“The work, however, is far from over. The plastic pollution crisis
continues to engulf the world and we have just a few months left before
the end of year deadline agreed upon in 2022. I urge members to show
continued commitment and flexibility to achieve maximum ambition.”
“Canada
is committed to reaching a final agreement at INC-5 in the Republic of
Korea before year end. We are no longer talking about “if” we can get
there, but “how.” Together we can land one of the most significant
environmental decisions since the Paris Agreement and the Kunming
Montreal Global Biodiversity Framework,” said Steven Guilbeault,
Canada’s Minister of Environment and Climate Change. “We are doing
everything we can to raise the international profile of the plastic
pollution crisis so that the agreement gets the global attention it
deserves to cross the finish line.”
The Chair of the INC,
Ambassador Luis Vayas said: “During these seven days of intense
deliberations, the delegates managed to build on and advance the revised
draft text of the instrument, providing streamlined text and entering
textual negotiations on several elements. At the same time, we also
leave with a much clearer picture of the work that remains to be done,
if we are to deliver on the promise that Members have made through the
UNEA Resolution.”
“We are all united by our strong shared
commitment to deliver an international legally binding instrument to end
plastic pollution. It is this spirit of multilateralism which has
guided our discussions here in Ottawa,” he added. “We have found some
common ground, and we are walking this path together until the end. I
firmly believe that we can carry this same spirit forth to Busan to
deliver on our mandate.”
“It has been an ambitious timeline of
just 18 months and four sessions to get us to this point, and we are now
firmly on the road to Busan. Compromise and commitment remains strong
at this advanced stage of the negotiations,” said Jyoti Mathur-Filipp,
Executive Secretary of the INC Secretariat. “Members should arrive in
Busan ready to deliver on their mandate and agree a final text of the
instrument. This is more than a process – it is the fulfilment of your
commitment to saving future generations from the global scourge of
plastic pollution.”
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