Central Idea

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

About Intergovernmental Negotiating Committee (INC)

• 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.

Overview of INC-3

• 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.

Significance of INC-3

• 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.

Key Aspects of the ‘Zero Draft’

• 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.

Financial Mechanism Discussions

• 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 in Plastics

• 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.

Challenges in Negotiations

• 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.

Outcomes and Takeaways from INC-3

• 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.

Conclusion

• 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.

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