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

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November 26, 2024

In their last scheduled meeting to agree on treaty text to “end plastic pollution,” negotiators may base their discussions on a new non-paper by INC Chair Luis Vayas that builds on the common ground between countries.

With seven days left to agree on a new treaty text on plastic pollution, Kim Wan Sup, Minister of Environment, Republic of Korea, set the stage for the final scheduled round of negotiations, stressing that “we must end plastic pollution before plastic pollution ends us.” As science continues to reveal the layers of impact due to the burden of plastic pollution, including to human health and the Earth’s ecosystems, this statement struck a chord with many delegates on the first day of the fifth session of the Intergovernmental Negotiating Committee (INC-5) to develop an international legally binding instrument (ILBI) on plastic pollution, including in the marine environment.

In his opening remarks, INC Chair Luis Vayas Valdivieso (Ecuador) emphasized that adopting an agreement to end plastic pollution is possible at this meeting, and urged delegates to show “unwavering commitment, relentless effort, and bold political decisions.

In a video message, President Yoon Suk Yeol, Republic of Korea, urged delegates to stand together in solidarity and muster the political will to reach agreement on an effective and implementable instrument covering the full plastic lifecycle.

Also in a video message, Cho Tae Yul, Minister of Foreign Affairs, Republic of Korea, stated that his country is fully prepared to work toward a treaty that is actionable, grounded in scientific evidence, and adaptable to national contexts.

Reminding delegates that this day marked 1000 days since the UN Environment Assembly (UNEA) adopted resolution 5/14 to end plastic pollution, Inger Andersen, Executive Director, UN Environment Programme, urged them to: work towards bringing the “gavel down” on an ambitious instrument providing the broad contours and strokes for further work; conclude negotiations quickly on provisions with respect to which there is considerable convergence; and use UNEA resolution 5/14 as a “guiding star” when addressing provisions on which significant work remains, concerning plastic products and chemicals, supply, and finance. Jyoti Mathur-Filipp, Executive Secretary, INC Secretariat, lauded the courage and determination shown by INC members over the past two years, and the strong community built together over this period.

After getting assurances that the rule of procedure related to voting in the absence of consensus would not be invoked, delegates shared views on the mode of work, including the text to be used as a basis for negotiations.

Several delegations announced that the Chair’s Non-Paper, which had been circulated in advance of the meeting, should not be used as a basis for discussions in its current form, calling instead for a revised version, reflecting submissions by states and emphasizing that this “is a state-driven process, and the compilation text reflects the views of states.” They also underlined the need to include separate articles related to the objective, scope, and principles governing the new treaty, which are absent from the Non-Paper.

Many more states, however, supported the Non-Paper providing the basis for negotiations, noting that the text can be modified based on members’ additions through the negotiation process. Most states in this camp noted that the Non-Paper is not perfect, but expressed a willingness to use this “bridging text” as the basis for negotiating the new treaty in order to fulfil the Committee’s mandate to conclude treaty negotiations by the end of 2024, as stipulated in UNEA resolution 5/14.

INC Chair Vayas emphasized that the Non-Paper is a starting point for deliberations, and not a final outcome, stressing that the text is bracketed in its entirety and does not prejudge member’s positions. Furthermore, he said that the compilation text will provide an authoritative reference and that all issues will receive equal attention.
He clarified that members would be able to make additional submissions in the contact group discussions; and pointed to the role of the legal drafting group, which would streamline the text forwarded to it throughout the week. Delegates agreed to work on the basis of this proposal, and plenary was adjourned.
In the evening, two contact groups convened:

  • Contact Group 2, co-chaired by Oliver Boachie (Ghana) and Tuulia Toikka (Finland), broadly addressing plastic waste management, emissions and releases, existing plastic pollution, including in the marine environment, and just transition; and
  • Contact Group 4, co-chaired by Han Min Young (Republic of Korea) and Linroy Christian (Antigua and Barbuda), opening considerations on implementation and compliance, national plans, reporting, monitoring of progress and effectiveness evaluation, information exchange, and awareness, education and research.
  • SOURCE(EARTH NEGOTIATIONS BULLETIN)

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