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������ϲʿ�������ֳ�ֱ�� will have a small delegation in Busan, and will contribute to the discussions framing the adoption of the future Plastics Treaty, putting forward its wealth of experience vested in the different constituents of the Union – from a legal, science, technical and policy standpoint.��

At this fifth session, delegates will shift gears in the negotiation process as the INC will consider representing a nearly complete set of provisions and multiple options for each textual element. (a) the Compilation of draft text of the international legally binding instrument on plastic pollution, including in the marine environment (UNEP/PP/INC.5/4); (b) the Chair’s non-paper (third iteration), prepared under the authority of the Chair, with a view to facilitating progress at the fifth session across all aspects of the negotiations; and the (c) Reports of the Co-chairs on the work of the ad hoc intersessional open-ended expert groups.

According to the 2022 OECD , the amount of plastic waste produced globally is on track to almost triple by 2060, with around half ending up in landfills and less than a fifth recycled. In the absence of ambitious, co-ordinated and global policy action – the global Plastics Treaty -, leakage of plastics into rivers and oceans would grow by one-third, from 6 million tonnes (Mt) in 2020 to more than 9 Mt in 2040, leading to further adverse consequences for humanity and human health and the environment, ecosystems and climate.��

Another recently published OECD report on quantifies the main drivers of plastics production and use, waste and pollution and provides projections of the plastics lifecycle, waste generation and treatment, as well as related leakage to the environment. It states that business as usual “is unsustainable” and that “stringent policies to curb production and demand (limiting total plastics use to 508 Mt in 2040), combined with policies to enhance recycling rates (quadrupling to 42%), can ensure that all growth in plastics use is met through recycled plastics rather than through primary production”.

������ϲʿ�������ֳ�ֱ��’s objectives for the INC are three-fold:

1. Strategically influence the negotiations towards the adoption of an ambitious MEA on Plastics Pollution, including in the Marine Environment, that considers biodiversity and ecosystems impacts, by providing legal text-based input.
2. Position and secure ������ϲʿ�������ֳ�ֱ��’s role as key player in the implementation of the Treaty once adopted.
3. Increase ������ϲʿ�������ֳ�ֱ��’s influence, visibility, and impact whilst promoting and advancing ������ϲʿ�������ֳ�ֱ��’s policy and projects (, , IslandPlas Project, ������ϲʿ�������ֳ�ֱ�� Plastics work globally) as well as its Programme – Nature 2030.

������ϲʿ�������ֳ�ֱ�� Legal Analysis of the INC Chair's Non-Paper

������ϲʿ�������ֳ�ֱ�� and WCEL present a legal analysis of the , following the structure Article per Article, as well as areas that represent fundamental challenges to the successful use of the Non-Paper to achieve the terms and objectives of UNEA Resolution 5/14. This includes, where relevant, textual options – based on the Compilation Document language – aimed at advancing ambition in the ILBI context and also ensuring a clear nexus with critical topics such as biodiversity and circular economy solutions (including upstream/midstream measures such as reuse, refill; primary plastic production, circularity and nature positive business models for SMEs, and subsidies), considering the latest outcomes of the , e.g. on “Biodiversity and Health” or on “Strengthening the role of indigenous peoples and local communities”, where relevant.

The overarching concern underlining this analysis and the accompanying textual options is to ensure that the ILBI be a legally significant treaty that addresses all phases of plastic pollution and the plastics lifecycle, encourages convergence and coherence with existing international treaty law, recognizes the core connections between biodiversity protection and plastic pollution, and ensures that all States, stakeholders and civil society members will be represented in its terms.

Read the Analysis here.

Biodiversity and the Treaty

This final negotiation session is scheduled amidst three UN-COPs, on Biodiversity, Climate Change and Desertification, and the discussion on the establishment of a future Science-Policy-Panel on Chemicals, Waste and Pollution Prevention. A common approach is needed, and a future Plastics Treaty must address interlinkages and enhance synergies across all these processes to tackle the so called triple planetary crisis, enhance circular economy solutions and ultimately ending plastic pollution.

Throughout the Intergovernmental Negotiating Committee (INC) process, States and stakeholders have emphasised the connections between criteria for the regulation of plastic production and products, chemicals of concern, product design, reuse, repair, recycle and ultimately waste management and biodiversity protection needs and obligations, as evidenced in other Multilateral Environmental Agreements (MEA).

Language supporting coherence and authorising international cooperation between the Treaty’s governance system, and those of other treaty regimes, especially the and the , the , and the will be critical for biodiversity, people, and plastic pollution synergies. This includes the need for financing and private sector investments, engagement and partnerships, including subsidies, taxes and Extended Producer Responsibility (EPR) Schemes, that support biodiversity and address legacy plastic pollution to prevent further harm to biodiversity and indigenous people, women, youth or local communities most at risk as well as enhancing circular business opportunities for the formal and informal sector and SMEs.

There is language already in the Compilation of draft text of the international legally binding instrument on plastic pollution, including in the marine environment (), issued by the INC Secretariat on July 1, 2024, which would enable biodiversity protection and community inclusion.

In this regard, three options for entry points, separately or in combination, would be beneficial to the strength of the future Global Plastics Treaty:

• Option 1.��At a minimum, maintain specific language in articles to draw out biodiversity protection and community inclusion, and mainstream the term “Biodiversity” and/or “Ecosystems” across a number of relevant articles, based on the Compilation Text. This is important, as commonly the term “Environment” is not specific enough to acknowledge the scientifically established characteristics and interdependence of ecosystems and species that is reflected in the term “biodiversity.” Thus, the legal text would benefit of more clarity, by mentioning the term Biodiversity explicitly in order to ensure that the scope of the ILBI clearly includes biodiversity concerns and that future Conferences of the Parties (COP) are able to adapt implementation of the ILBI to address changes in the relationship between plastic pollution and biodiversity over time.��
• Option 2.��Add specific biodiversity language in the “International Cooperation” Article to further strengthen coherence with other MEAs.��
• Option 3.��Insert a dedicated, new article on “Biodiversity Aspects” that promotes implementation and compliance to advance nature positive approaches under international and national laws (and/or add specific language in the “Health Aspects Article”, embracing a holistic��One Health approach).

Thus, and to allow future COP decisions and resulting implementation actions considering biodiversity aspects, it is recommended that the future Treaty contain as entry points at a minimum the text as noted for Option 1, for instance in the Preambular text, Scope, Objective, International Cooperation or other articles. Including biodiversity in the text agreed at INC-5 will ensure the ability of future COPs to effectively address the triple planetary crises, make linkages to existing obligations under other MEAs, and will allow for inclusion of related scientific advancements.

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More information

������ϲʿ�������ֳ�ֱ��'s INC Policy page

������ϲʿ�������ֳ�ֱ��'s Plastic Pollution Issues Brief��(2024)

Resources for INC-5 negotiators and participants