Global Plastics Treaty stalled in intended final negotiating session

The fifth and intended final meeting of the Intergovernmental Negotiating Committee (INC) on plastic pollution concluded on December 1, 2024, in Busan, South Korea, with negotiators unable to reach a deal on a new global treaty to curb plastic pollution. The failure of this fifth session of the INC, or INC-5, to deliver on its mandate highlights the persistent challenges of reaching a consensus to solve the growing issue of global plastics pollution.

The INC was part of an ambitious United Nations (UN) initiative that commenced in March 2022 to develop a legally binding global instrument aimed at addressing plastic pollution. The effort brought together over 3,300 delegates from at least 170 nations, including government, industry, environmental groups, trade associations, and international bodies. With INC-5 falling short at the finish line, another meeting to conclude negotiations of a comprehensive and impactful global treaty on plastic pollution will be scheduled in 2025.

Divergences among participating countries

Key proposals that remain controversial include production caps and calls to phase out certain chemicals and product types. Significant divergences remain, particularly between oil and plastic-producing nations like Saudi Arabia, which seek to focus on enhanced waste management approaches favored by the plastics industry, and “high-ambition” countries advocating for limits on plastic production. Those high-ambition countries, known collectively as the High Ambition Coalition (HAC), is a diverse group of countries that include much of Europe, the UAE, many small island states, and others.

The US initially took a more conservative approach to international measures for curbing plastics pollution. However, in summer 2024, the Biden Administration unexpectedly threw its weight behind the HAC position, to the frustration of many US manufacturers. But with the recent election casting doubt on even the continued participation by the US, let alone its newfound willingness to clamp down on production, prospects for the HAC approach remain uncertain.

Concerns delaying the global plastics treaty

The many business interests and environmental concerns also complicate reaching a deal. For instance, the Business Coalition for a Global Plastics Treaty, supported by major packaging converters and brand owners, expressed encouragement for the growing consensus among more than 100 countries regarding global phaseouts and plastic production levels. But the inconclusive result in Busan leaves an uncertain landscape for such strong measures, with potential impacts for long-term investment strategies in affected businesses.

The American Chemistry Council (ACC) and others in industry advocated waste management improvements rather than supply limits or chemical restrictions that could duplicate or conflict with measures adopted in other UN agreements. The ACC has sought an agreement that emphasizes circularity, including recycling targets and guidance for improved packaging design to facilitate reuse and recycling.

By contrast, environmental groups like the World Wildlife Fund and the Ocean Conservancy continue to advocate global bans and phaseouts for certain plastics and chemicals, robust financing from developed to developing countries, and mechanisms for strengthening the treaty over time.

Given the impasse in Busan, Ecuador’s Ambassador Luis Vayas Valdivieso, who chaired the INC, urged delegations to continue engaging, emphasizing that achieving the ambitious mandate will take time and noting the significant steps already undertaken in the negotiations. The work derived from negotiations in Busan will be the starting point for the next round at the second meeting of INC-5 (INC-5.2) in 2025. The breakdown of these discussions also illustrates the striking differences among stakeholders in government, business, and environmental organizations, each with their own perspectives on how best to combat plastic pollution.

Conclusion

Plastic-related businesses are encouraged to follow these ongoing negotiations and related regulatory developments that could affect production, design, and manufacturing practices.

For more background on the plastics treaty process, you can watch our 2022 webinar on the INC and read our prior alerts here and here.

DLA Piper’s Plastics Task Force can help companies assess how the global plastic pollution treaty negotiations may impact business strategies and requirements. To discuss these and other developments in the world of plastics regulation, please contact the authors.