9 May 2024
Future Treaty’s Scope Emerges as “the Most Intractable Issue” at INC-4
story highlights

Key areas of divergence related to the scope of the agreement, provisions on primary plastic polymers, how to address chemicals and polymers, and how to address linkages to existing processes.

Financing and extended producer responsibility were also among contested issues.

Delegates were unable to reach agreement on holding an additional negotiating session before INC-5.

Delegates attending the fourth round of talks to craft a new multilateral environmental agreement (MEA) that will stem the tide of plastic pollution began to share distinct positions about their expectations for the future treaty. Areas of convergence emerged on provisions addressing plastic waste management and just transition. Sharp divergence on several issues was also noted.

The fourth session of the Intergovernmental Negotiating Committee (INC-4) to develop an international legally binding instrument (ILBI) on plastic pollution, including in the marine environment, convened in Ottawa, Canada, from 23-29 April 2024.

The Earth Negotiation Bulletin (ENB) analysis of the meeting notes that “plastic pollution is decimating biodiversity, poisoning our water and ecosystems with chemicals, and accumulating in our bodies as micro- and nanoplastics.” At the same time, “plastic also has its usefulness and cannot be completely eliminated.” Finding the right balance between the two was the crux of the discussions at INC-4.

According to the ENB summary report of the meeting, key areas of divergence related to the scope of the agreement, provisions on primary plastic polymers, how to address chemicals and polymers, and how to address linkages to existing processes. Financing and extended producer responsibility (EPR) were also among contested issues.

Throughout the seven-day period, five subgroups engaged in negotiations on the basis of a revised draft text compiled after the deliberations at INC-3. At the end of INC-4, “delegates agreed to use a compilation of their work from this session as a basis for negotiations at the next meeting,” ENB writes. “They also established a legal drafting group, which will begin work at INC-5, to ensure the legal clarity of the new instrument on plastic pollution.”

To advance work between INC-4 and the last round of talks, delegates agreed to establish two ad hoc intersessional open-ended expert groups. Considered at INC-5 in November 2024 will be these expert groups’ work 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.

Delegates were unable to reach agreement on holding an additional negotiating session before INC-5. Due to the amount of work remaining, this led some participants to express uncertainty as to whether the INC would be able to complete its mandate and produce a robust agreement to address plastic pollution by the end of 2024. [ENB Coverage of INC-4] [SDG Knowledge Hub Story on INC-2] [SDG Knowledge Hub Story on INC-1] [SDG Knowledge Hub Story on INC-3]


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