5th Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment (INC-5)

Plastic pollution is more than just an eyesore. Forever chemicals, which have been linked to disruptions in the endocrine system, have been found to leak from plastic products still in use and those that have been discarded, thus posing a danger to human health, other species and natural ecosystems. Originally envisioned for long term-uses in critical sectors, plastic has become ubiquitous, for both essential and non-essential uses, including in sectors like healthcare and food production and packaging. Its durability, cost-effectiveness, malleability, and flexibility make it an ideal material for multiple uses, with hard plastic being used in everything from automobile body parts to refrigerators and other appliances, and other polymer formulations used in single-use water bottles, carrier bags, sachets, and packaging.

Plastic waste has accumulated to over 10 million tons since the 1950s, filling landfills and clogging sewage systems, streams and rivers, ending up in the ocean. The public’s calls for action bore fruit in 2022, when the UN Environment Assembly (UNEA) resolved to end plastic pollution by adopting resolution 5/14, which established an Intergovernmental Negotiating Committee (INC) to work towards a treaty.

The INC has met four times since 2022 (INC-1, INC-2, INC-3 and INC-4), managing to overcome initial procedural challenges and initiating text-based negotiations based on a compilation of the draft text of the future agreement.

The draft contains treaty language pertaining to, inter alia:

• substantive matters, including those related to plastic production, manufacture, design, trade, extended producer responsibility, waste management, and just transition; and
• operational issues, such as financial, technical and technological resources for implementation, capacity building, reporting, compliance, and stakeholder engagement.

At INC-4 for the first time, the Committee agreed to conduct intersessional work on: potential sources and means that could be mobilized for implementation of the instrument’s objectives, including options for the establishment of a financial mechanism; and on criteria and non-criteria-based approaches for plastic products and chemicals of concern in plastic products, and product design focusing on recyclability and reusability.

Given the UNEA mandate to complete negotiations by the end of 2024 and the number of options and still bracketed text contained in the draft text, INC Chair Luis Vayas (Ecuador) conducted informal open-ended consultations among heads of delegations over the past six months since INC-4. In his scenario note for INC-5, Chair Vayas notes that delegations have expressed interest in a simplification in the structure and content of the instrument, and a sharpening of the focus on elements that are necessary for the instrument to be fully operational and effective.

For INC-5, the last-scheduled meeting, INC Chair Vayas circulated a non-paper in late October 2024. This document builds on the common ground among INC members, and identifies areas where some work could be deferred “to a later stage.” Committee members may base their discussions on this document to finalize the treaty on plastic pollution.

The Committee is expected to convene in four contact groups for the duration of the meeting, to address:

• Plastic products, chemicals of concern as used in plastic products, product design, and production/supply and related aspects;
• Plastic waste management, emissions and releases, existing plastic pollution, including in the marine environment, and just transition;
• Finance, including the establishment of a financial mechanism, capacity building, technical assistance and technology transfer, and international cooperation; and
• Implementation and compliance, national plans, reporting, monitoring of progress and effectiveness evaluation, information exchange, and awareness, education and research.

A legal drafting group is expected to begin work on the initial and final provisions of the text, before considering the substantive and operations aspects of the new treaty.

INC-5 is scheduled to convene in Busan, Republic of Korea, from 25 November - 1 December 2024.

The Earth Negotiations Bulletin (ENB) writers for this meeting are Tallash Kantai; Christina Fernandez; Katarina Hovden; and Jose F. Pinto-Bazurco, Ph.D. The Photographer is Kiara Worth, Ph.D. The Editor is Pam Chasek, Ph.D.