INC-3: Global Efforts to Combat Plastic Pollution

Central Idea

The Intergovernmental Negotiating Committee (INC) met in Nairobi for its third round of negotiations under the UN Environment Programme.

INC is a committee that aims to develop a legally binding international instrument to end plastic pollution by 2025, as mandated by UNEA Resolution 5/14.
It began working in November 2022 at Punta del Este, Uruguay (INC-1).
The second meeting (INC-2) took place in May-June, 2023 at Paris, France.
INC is scheduled to complete its work by the end of 2024.

Event: The Intergovernmental Negotiating Committee (INC) met in Nairobi for its third round of negotiations under the United Nations Environment Programme.
Objective: To develop an international legally binding instrument to end plastic pollution worldwide, as mandated by UNEA Resolution 5/14.
Deadline: The INC is tasked with delivering a global plastics treaty by 2025.

Critical Stage: INC-3 was pivotal in negotiating the ‘zero draft’ text, which offered various options for core obligations and control measures.
Progress: Compared to INC-2 in Paris, INC-3 made substantive discussions on the treaty’s content.

Initial Strength: The zero draft proposed strong options for a legally binding treaty.
Dilution of Obligations: During negotiations, member states weakened core obligations, especially on primary polymer production, chemicals of concern, and trade.
Controversial Elements: The draft faced controversy over its scope and objectives, particularly regarding the production of primary polymers and lifecycle definitions.

Proposals: The draft included options like a plastic-pollution fee and reducing financial flow into high carbon footprint projects.
Opposition: Some countries, particularly those with vested economic interests, opposed these financial provisions.

Trade Restrictions: The treaty aims to address gaps left by the Basel Convention, but faced opposition regarding trade restrictions.
Misinterpretation of WTO Rules: Some countries misconstrued WTO rules to oppose trade restrictions, despite legal allowances for health and environmental protection.

Advocacy for Strong Provisions: African countries and Small-Island Developing States advocated for binding provisions, representing marginalized voices and emphasizing human rights and public health.
Rules of Procedure: INC-2’s unresolved debate on rules of procedure continued, affecting decision-making at INC-3.
Industry Influence: The presence of industry lobbyists indicated significant industry influence on the negotiations.
Stalling Tactics: Some countries used stalling and blocking tactics, delaying progress and expanding the draft text with national interest-driven changes.

Lack of Consensus: The meeting ended without consensus on intersessional work, hindering progress towards INC-4.
Exposure of Opposition: INC-3 highlighted the countries and industries opposed to a strong binding treaty.
Future Challenges: The lack of mandate adoption for the first draft development indicates significant challenges ahead in achieving a robust and effective global treaty on plastic pollution.

INC-3’s outcomes underscore the complexities and challenges in formulating a global treaty on plastic pollution.
The divergent interests of member states, influenced by economic and industry considerations, pose significant hurdles.
The upcoming negotiations will be crucial in balancing these interests with the urgent need for effective global action to tackle the plastic pollution crisis.