June 17, 2024
International Agreement on Plastic Pollution: Negotiations
Global plastic waste is projected to almost triple by 2060.
draft) of the agreement text and a synthesis report of topics
Plastic waste can cause environmental pollution, because it
not covered in the draft. Rules of procedure continued to be
can break down into microplastic or nanoplastic particles.
applied on a provisional basis, with disagreement over
Some plastics also pose human health hazards. There are
whether decisions on the instrument were to be resolved by
ongoing international efforts to address global plastic
consensus or by voting. At INC-3 in November 2023,
pollution. Some of these efforts focus specifically on
negotiations centered on the zero draft agreement text.
marine debris, including plastic pollution in the ocean.
At INC-4 in April 2024, negotiators reviewed and updated
This In Focus provides an overview of the current status of
draft agreement text. At the conclusion of INC-4, much of
negotiations to develop a multilateral legal agreement to
the text remained under active negotiation. Negotiating
address plastic pollution. Without objection, representatives
governments agreed to work between sessions to further
from 175 countries at the 2022 United Nations Environment
advance discussions around finance as well as approaches
Assembly (UNEA) set a goal for finalizing agreement text
for addressing plastic products and chemicals of concern.
by the end of 2024. The status of these negotiations may be
INC-5, to be held in the Republic of Korea from
of interest to Congress, including considerations as to
November 25 to December 1, 2024, is the last scheduled
whether the United States should become a party to an
meeting of the INC before the stated goal of finalizing an
international agreement and, if so, whether legislation
agreement by the end of 2024. After negotiators agree to a
would be needed to fulfill any future U.S. obligations.
final version of the text, it would be presented for adoption
at a diplomatic conference.
International Negotiating Committee
Components of the Draft Agreement
In 2022, the UNEA passed a resolution establishing an
The draft agreement text as of April 2024 includes the
International Negotiating Committee (INC) to develop an
“
following components, some of which are subdivided into
international legally binding instrument” (international
specific options that reflect countries’ negotiating positions:
agreement) on plastic pollution, including pollution in the
marine environment. The international agreement would
• Objective(s), Principles, Definitions, and Scope.
address the full life cycle of plastic, including its
Proposed objectives cover a range of goals, such as
production, design, and disposal. The resolution sets a goal
ending plastic pollution, including pollution in the
of completing negotiations regarding the instrument by the
marine environment, and protecting human health and
end of 2024 and contemplates that a final agreement could
the environment. The scope of an agreement may also
include both binding and voluntary approaches.
reference a circular economy approach or the full life
cycle of plastics. According to the United Nations
The UNEA resolution calls for countries to prepare national
Development Program, a circular economy “aims to
action plans with “country-driven approaches” to help
minimize waste and promote a sustainable use of natural
prevent, reduce, and eliminate plastic pollution. The
resources, through smarter product design, longer use,
resolution contemplates that countries would periodically
recycling and more, as well as regenerate nature.”
assess progress on the agreement’s implementation and
Negotiators have not settled on whether an agreement
effectiveness. Parties would also support technical
should include standalone provisions concerning
assessments on plastic pollution, potentially through a new
principles, definitions, and scope.
mechanism for information sharing, scientific assessment,
and/or implementation. The resolution recognizes that for
•
developing countries and “countries with economies in
Core Obligations, Measures, and Approaches.
transition,” full implementation of some legal obligations
Proposed provisions of this component include sections
on plastic polymers; chemicals or polymers of concern;
would depend on financing, capacity building, and
“problematic” and avoidable plastics such as single-use
technical support.
plastics or microplastics; product design/performance
Negotiating Timeline and Process
(including waste management); nonplastic substitutes;
Countries established a schedule of five INC meetings
and transparency, tracking, monitoring, and labeling.
between 2022 and 2024. Details on specific topics and
Negotiators also developed text options for provisions
country dynamics for each INC negotiating session are
on extended producer responsibility, plastic emissions
reported via the Earth Negotiations Bulletin.
and releases; waste management; trade; existing
pollution, including marine pollution; and fishing gear.
In November 2022, the INC met for its first session
Approaches may be voluntary or mandatory and could
(INC-1), at which it agreed to provisionally apply
potentially include certain exemptions based on, for
negotiated rules of procedure. INC-2 convened in
example, substance levels or country status.
May 2023 and initiated a “zero draft” (initial negotiating
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International Agreement on Plastic Pollution: Negotiations
• Means of Implementation. Proposed provisions
(S. 3127). In March 2024, 33 Members of Congress sent
include sections on finance (with a potential financial
a letter to the Secretary of State in support of three
mechanism, the details of which are still under
negotiating principles concerning the potential
negotiation), capacity building, technical assistance, and
international plastics agreement: (1) binding limits for
technology transfer.
plastic production; (2) rules of procedure that “stop a
small number of plastic-producing countries from
• Procedural Obligations. Proposed provisions include
undermining the rest of the world’s efforts to address the
requirements for national plans, implementation,
plastic production crisis”; and (3) nonparty trade
reporting, and assessments. There are also options for
provisions that allow parties to the agreement “to protect
provisions on international cooperation, information
themselves and their economies.”
sharing, and stakeholder engagement.
U.S. Stakeholder Points of View
• Governance. Proposed provisions address roles for the
Stakeholders hold a range of perspectives on the potential
Conference of the Parties as a global plenary body, a
contents of a multilateral agreement to curb plastics
secretariat, scientific or other subsidiary bodies, and
pollution. Some chemical and petroleum industry
dispute settlement procedures.
organizations have taken the position that a multilateral
agreement should address plastic pollution through waste
• Annexes. Examples of proposed options for this
management and efforts to recycle plastic and not through
component include life-cycle measures and specific
restrictions on plastic production. Some ocean and
obligations such as phase-down or phase-out of certain
environmental conservation organizations have taken the
polymers and chemicals of concern.
position that an agreement should include plastic
production reductions, including the elimination of single-
Related Congressional Activity
use plastics.
In 2020, Congress enacted P.L. 116-224, the Save Our Seas
2.0 Act, to “improve efforts to combat marine debris.” The
Considerations for Congress
act could be relevant to U.S. policy during negotiations on
If the negotiating countries agree on a final version of the
the agreement. Of note:
text, that proposed agreement would then be opened for
signature. Under international law, a signatory country must
• Section 201 (33 U.S.C. § 4261) establishes the policy of
not undermine the agreement’s stated objectives and
the United States to partner and coordinate with foreign
purpose, but the country is not legally required to adhere to
governments and others to, among other things, support
the text until it formally consents to be bound by the
the reduction of plastic waste, emphasize “upstream”
agreement. Each country goes through its own nationally
solutions to decrease waste, advance alternatives to
determined process to decide whether to accept the text as
disposable plastic, support postconsumer waste
binding. In the case of the United States, policymakers
management, and cooperate internationally to establish
would face a decision on whether the final agreement falls
marine debris and plastic waste reduction targets,
under the scope of the U.S. Constitution’s Treaty Clause—
metrics, reporting, and action plans.
which would require the agreement to be approved by a
two-thirds majority in the Senate and ratified by the
• Section 203 (33 U.S.C. § 4263) provides that the
President before it could become binding—or whether the
President “shall direct United States representatives to
commitment could be entered by way of an executive
appropriate international bodies” to implement the
agreement not subject to that process. Policymakers might
policy established in Section 201 through U.S. “voice,
also consider whether any conditions should be placed on
vote, and influence.” It also directs U.S. engagement at
U.S. commitments under the proposed agreement.
the global level to advocate for specific measures in
international bodies. Examples of specific measures
Whether an international commitment on plastics could be
contemplated include encouraging standards and
implemented under existing U.S. domestic law or would
practices for disposable plastic products, supporting
require new legislation would not be clear until agreement
research, and enhancing private-sector coordination and
text is finalized. Congress might be called upon to respond
markets, such as for plastic waste reuse.
to any differences between existing U.S. law and the text of
an international agreement. Such differences could affect
• Section 206 (33 U.S.C. § 4265) applies to international
whether and when the United States would agree to any
plastics agreement negotiations. It provides that “the
new international commitments.
President shall, as appropriate ... ensure that the
agreement strengthens efforts to eliminate land-based
There are a variety of existing programs, strategies, and
sources of plastic waste and other solid waste from that
initiatives by federal agencies that address various aspects
country that impact the marine and aquatic
of plastic pollution. Through its oversight role, Congress
environment.” It also calls on the President to consider
may choose to examine the relationship of these activities
the impacts of that waste in negotiating any international
to an international agreement on plastic pollution.
agreement.
•
Jonathan D. Haskett, Analyst in Environmental Policy
Other legislative initiatives include, for example, bills in
Kristen Hite, Legislative Attorney
the 118th Congress to limit plastic pellet pollution (H.R.
7634) and to reduce the production of single-use plastic
IF12690
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International Agreement on Plastic Pollution: Negotiations


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https://crsreports.congress.gov | IF12690 · VERSION 1 · NEW

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