UNITED
NATIONS

UNEP/PP/INC.2/3
United Nations
Environment
Programme

Distr.: General
6 March 2023
Original: English

Intergovernmental negotiating committee to develop
an international legally binding instrument on plastic
pollution, including in the marine environment
Second session
Paris, 29 May–2 June 2023
Item 3 (a) of the provisional agenda*
Organizational matters: adoption of the rules of procedure

Draft rules of procedure for the work of the intergovernmental
negotiating committee to develop an international legallybinding instrument on plastic pollution, including in the marine
environment
Note by the secretariat
1.
Pursuant to paragraph 5 of United Nations Environment Assembly resolution 5/14 entitled“End plastic pollution: towards an international legally binding instrument”, an ad hoc open‑ended
working group convened by the Executive Director of the United Nations Environment Programme
met in Dakar from 30 May to 1 June 2022 to prepare for the work of the intergovernmental negotiating
committee to develop an international legally binding instrument on plastic pollution, including in themarine environment.
2.
The working group considered draft rules of procedure for the intergovernmental negotiating
committee prepared by the secretariat.1 The text was based on the rules of procedure of other
United Nations bodies and on established practice, including the work of other intergovernmental
negotiating committees convened under the auspices of the United Nations in the field of theenvironment.
3.
The draft rules of procedure were then forwarded to the intergovernmental negotiating
committee at its first session, held in Punta del Este, Uruguay, from 28 November to 2 December
2022, for its consideration.2 At that session, the committee agreed to defer the adoption of the draft
rules of procedure until its second session to allow for further consultations on the matter, on theunderstanding that, pending their adoption, the draft rules would apply to its work on a provisional
basis.
4.
The annex to the present note sets out the draft rules of procedure as agreed on by the working
group and forwarded to the intergovernmental negotiating committee for consideration and possible
adoption. The annex is presented without formal editing.

* UNEP/PP/INC.2/1.
1 UNEP/PP/OEWG.1/4.
2 UNEP/PP/INC.1/3.

K2304097[E] 090323

UNEP/PP/INC.2/3

Annex
Draft rules of procedure for the intergovernmental negotiating
committee to develop an international legally binding instrument onplastic pollution, including in the marine environment
I.

Purposes
These rules of procedure shall govern the negotiation of an international legally binding
instrument on plastic pollution, including in the marine environment.

II.

Definitions
Rule 1
1.
“Member” means any State Member of the United Nations or Member of its specialized
agencies or a regional economic integration organization participating in the work of theintergovernmental negotiating committee for an international legally binding instrument on plastic
pollution, including in the marine environment (hereinafter referred to as the Committee).
2.
“Regional economic integration organization” means an organization constituted by sovereign
States of a given region to which its member States have transferred competence in respect of matters
covered by the committee’s work. Participation of such a regional economic integration organization
shall in no case entail an increase in the representation to which the member States of that organization
would otherwise be entitled.
3.

“Chair” means the Chair elected in accordance with rule 9 of these rules of procedure.

4.
“Secretariat” means the secretariat provided by the Executive Director which is required tosupport the Committee.
5.
“Executive Director” means the Executive Director of the United Nations Environment
Programme or his or her representative.
6.
“Session” means any series of meetings convened in accordance with the present rules ofprocedure.
7.
“Representatives present and voting” means representatives of Members present and casting
an affirmative or negative vote. Representatives who abstain from voting are considered as not voting.

III.

Place and dates of sessions
Rule 2
1.
The venue and dates of the sessions shall be decided by the Committee in consultation with thesecretariat.
2.
The secretariat shall convey to Members the date, venue and provisional agenda of each session
no less than six weeks in advance of that session.

IV.

AgendaDrawing up of the provisional agenda for a session
Rule 3The Executive Director shall, after approval by the Bureau referred to in rule 9, paragraph 1,
submit to the Committee at each session the draft provisional agenda for the following session. The
Committee shall review the draft and revise it, as it deems necessary, and agree to forward it to its next
session for adoption.

2

UNEP/PP/INC.2/3

Adoption of the agenda
Rule 4At the beginning of each session, the Committee shall adopt its agenda for the session basedon the provisional agenda referred to in rule 3.

Revision of the agenda
Rule 5
During a session, the Committee may revise the agenda for the session by adding, deleting or
amending items. Only items that the Committee considers to be urgent and important may be added toits agenda during the session.

V.

Representation
Composition of delegations
Rule 6The delegation of each Member participating in any session shall consist of a head ofdelegation and such alternate representatives and advisers as may be required.

Alternates and advisers
Rule 7
The head of delegation may designate an alternate representative or an adviser to act as arepresentative.
Rule 8The names of representatives, alternate representatives and advisers shall be submitted to thesecretariat no less than three days before the session they are to attend.

VI.

Officers
Elections
Rule 91.
The Committee shall elect from among the representatives of the Members a Bureaucomprising one Chair and ten Vice-Chairs, one of whom shall act as Rapporteur.
2.
In electing the officers referred to in the previous paragraph, the Committee shall have due
regard to the principle of equitable geographical representation and gender balance. Each of the five
United Nations regional groups shall be represented by two members of the Bureau and one Bureau
member shall represent the small island developing States.

Acting Chair
Rule 10
If the Chair finds it necessary to be absent from a session or any part thereof, he or she shallcall upon a Vice-Chair to take his or her place.

Replacement of the Chair
Rule 11
If the Chair is unable to continue to perform his or her functions, a new Chair shall be elected
for the unexpired term, with due regard to rule 9, paragraph 2.

3

UNEP/PP/INC.2/3

Substitute members
Rule 12
If a Vice-Chair finds it necessary to be absent from a session or any part thereof, a new
Vice-Chair shall be designated by the same regional group. Such substitution shall not exceed theperiod of one session.

Replacement of a Vice-Chair
Rule 13
If a Vice-Chair resigns or is otherwise unable to complete his or her term of office, a new
Vice-Chair shall be elected for the unexpired term, with due regard to rule 9, paragraph 2.

VII.

Secretariat
Rule 14The Executive Director may designate his or her representative during the sessions.
Rule 15The Executive Director shall provide and direct the staff of the secretariat required to support
the Committee, including any subsidiary organs that the Committee may establish.
Rule 16
The Executive Director, or his or her designated representative, may, subject to rule 20, makeoral and written statements to the Committee and its subsidiary organs concerning any matter underconsideration.
Rule 17
The Executive Director shall be responsible for convening sessions in accordance with rules
2 and 3 and for making all the necessary arrangements for sessions, including the preparation anddistribution of documents at least six weeks in advance of the sessions.
Rule 18
The secretariat shall, in accordance with rules 2, 3, 51 and 58, interpret speeches made atsessions; receive, translate and circulate the documents of the sessions; publish and circulate reports
and relevant documentation to the Members; have custody of the documents in the Committee’sarchives; and generally perform all other work that the Committee may require.

VIII.

Conduct of businessQuorumRule 19
1.
The Chair may declare a session open and permit the debate to proceed when at least one thirdof the Members participating in the session are present. The presence of a majority of Members soparticipating shall be required for any decision to be taken.
2.
For the purposes of determining a quorum for a decision to be taken on a matter within thecompetence of a regional economic integration organization, that organization shall be counted to theextent of the number of votes it is entitled to cast.

Powers of the Chair
Rule 20
In addition to exercising the powers conferred upon him or her elsewhere by the present rules,
the Chair shall declare the opening and closing of each session; direct the discussion; ensure
4

UNEP/PP/INC.2/3

observance of the present rules; accord the right to speak; put questions to the vote; and announce
decisions. The Chair shall rule on points of order and, subject to the present rules, shall have control
over the proceedings of the sessions and over the maintenance of order at sessions. The Chair may
propose to the session the limitation of the time to be allowed to speakers, the limitation of the numberof times each Member may speak on any subject, the closure of the list of speakers, or the closure of
the debate. The Chair may also propose the suspension or the adjournment of the session or of thedebate on the question under discussion.
Rule 21
The Chair, in the exercise of his or her functions, remains under the Committee’s authority.

Powers of the acting Chair
Rule 22
A Vice-Chair acting as Chair shall have the same powers and duties as the Chair.

Voting rights of the Chair
Rule 23
The Chair shall not vote, but may designate another member of his or her delegation to vote in
his or her place.

Speeches
Rule 24
No one may address a session without having previously obtained the Chair’s permission.
Subject to these rules, the Chair shall call upon speakers in the order in which they signify their desire
to speak. The Chair shall call a speaker to order if his or her remarks are irrelevant to the subject underdiscussion.

Precedence
Rule 25
The Chair, the Vice-Chair, or a designated representative of any subsidiary group that may beestablished pursuant to rule 49 may be accorded precedence in speaking for the purpose of explaining
the conclusion arrived at by the subsidiary organ concerned and for the purpose of replying toquestions.

Points of order
Rule 26
1.
During the discussion of any matter, a representative of a Member may at any time raise a pointof order and the point of order shall be immediately decided upon by the Chair in accordance withthese rules. A representative of a Member may appeal against the Chair’s ruling. The appeal shall be
put to the vote immediately and the Chair’s ruling shall stand unless overruled by a majority vote of
the representatives of Members who are present and voting.
2.
A representative of a Member raising a point of order may not speak on the substance of thematter under discussion.

Time limit on speeches
Rule 27
The Committee may limit the time allowed to each speaker and the number of times that each
person may speak on any question, except on procedural questions, in respect of which the Chair shalllimit each intervention to a maximum of five minutes. When debate is limited and a speaker has
spoken for his or her allotted time, the Chair shall call him or her to order without delay.
5

UNEP/PP/INC.2/3

Closing of list of speakers
Rule 28
During the course of a debate, the Chair may announce the list of speakers and, with theCommittee’s consent, declare the list closed. The Chair may, however, accord the right of reply to any
Member if, in his or her opinion, a speech delivered after he or she has declared the list closed renders
this justified. When debate on an item is concluded because there are no other speakers, the Chair
shall, with the Committee’s consent, declare the debate closed.

Adjournment of debate
Rule 29
During the discussion of any matter, a representative of a Member may move the adjournmentof the debate on the subject under discussion. In addition to the proponent of the motion, one
representative of a Member may speak in favour of the motion and one against it, after which the
motion shall be immediately put to the vote.

Closure of debate
Rule 30
A representative of a Member may at any time move the closure of the debate on the subject
under discussion, whether or not any other representative of a Member has signified his or her wish to
speak. Permission to speak on the closure of the debate shall be accorded only to two representativesof Members opposing the closure, after which the motion shall be immediately put to the vote. If theCommittee is in favour of the closure, the Chair shall declare the closure of the debate.

Suspension or adjournment of a session
Rule 31
During the discussion of any matter, a representative of a Member may move the suspension
or the adjournment of any session. Such motion shall not be debated, but shall immediately be put tothe vote.

Order of procedural motions
Rule 32
Subject to rule 26, and regardless of the order in which they are submitted, the following
motions shall have precedence, in the following order, over all other proposals or motions before thesession:(a)

To suspend the session;(b)

To adjourn the session;(c)

To adjourn the debate on the subject under discussion;(d)

To close the debate on the subject under discussion.

Proposals and amendments
Rule 33
Proposals and amendments shall normally be introduced in writing and submitted to thesecretariat, which shall circulate copies to all representatives of Members. As a general rule, no
proposal shall be discussed or put to the vote at any session of the Committee unless copies of that
proposal have been circulated in the official languages of the session to all representatives of Members
not later than the day preceding the session. Subject to the Committee’s consent, the Chair may,
however, permit the discussion and consideration of proposals or amendments that have not been
circulated or have only been circulated the same day.

6

UNEP/PP/INC.2/3

Decisions on competence
Rule 34
Subject to rule 32, any motion calling for a decision on the Committee’s competence to adopt
any proposal or any amendment submitted to it shall be put to the vote before a vote is taken on the
proposal or amendment in question.

Withdrawal of proposals or motions
Rule 35
A proposal or a motion may be withdrawn by its proponent at any time before voting on it hascommenced, provided that the proposal or the motion has not been amended. A proposal or motionthat has thus been withdrawn may be reintroduced by another representative of a Member.

Reconsideration of proposals
Rule 36
When a proposal has been adopted or rejected, it may not be reconsidered at the same session
unless the Committee, by a two-thirds majority of the representatives of Members who are present andvoting, so decides. Permission to speak on a motion to reconsider shall be accorded to only two
representatives of Members opposing the motion, after which the motion shall immediately be put tothe vote.

Voting rights
Rule 37
1.

Each Member shall have one vote[, except as provided for in paragraph 2 of the present rule].

Original from Minamata2.
A regional economic integration organization shall, on matters within its competence, exercise
its right to vote with a number of votes equal to the number of its member States participating in theCommittee. Such an organization shall not exercise its right to vote if any of its member States
exercises its right to vote, and vice versa.
Alt. 1
A regional economic integration organization shall, on matters within its competence, exercise its rightto vote with a number of votes equal to the number of its member States duly accredited and present
at the time of the vote [participating in the Committee]. Such an organization shall not exercise its
right to vote if any of its member States exercises its right to vote, and vice versa.
Alt. 2A regional economic integration organization shall, on matters within its competence, exercise its rightto vote with a number of votes equal to the number of its member States duly accredited and present
at the session [participating in the Committee]. Such an organization shall not exercise its right to vote
if any of its member States exercises its right to vote, and vice versa.
Alt. 3 (Package from Minamata + footnote)A regional economic integration organization shall, on matters within its competence, exercise its rightto vote with a number of votes equal to the number of its member States participating in theCommittee.* Such an organization shall not exercise its right to vote if any of its member States
exercises its right to vote, and vice versa.
[* duly accredited and present at the session]

Adoption of decisions
Rule 38
1.
The Committee shall make every effort to reach agreement on all matters of substance byconsensus. If all efforts to reach consensus have been exhausted and no agreement has been reached,
7

UNEP/PP/INC.2/3

the decision shall, as a last resort, be taken by a two-thirds majority of the representatives of Members
who are present and voting.
2.
Decisions of the Committee on procedural matters shall be taken by a majority of therepresentatives of Members who are present and voting.
3.
Where there is disagreement as to whether a matter to be voted on is a substantive orprocedural matter, that issue shall be decided by a two-thirds majority of the representatives ofMembers who are present and voting.

Method of voting
Rule 39
Subject to rule 45, the Committee shall normally vote by show of hands, but any representativeof a Member may request a roll call, which shall then be taken in the English alphabetical order of thenames of the Members, beginning with the Member whose name is drawn by lot by the Chair. If,
however, at any time a Member requests a secret ballot, that shall be the method of voting on the issue
in question.

Recording of roll call
Rule 40
The vote of each Member participating in a roll call shall be recorded in the relevant
documents of the session.

Conduct during voting
Rule 41
After the Chair has announced the beginning of voting, no representative of a Member shallinterrupt the voting except on a point of order in connection with the actual conduct of the voting. The
Chair may permit representatives of Members to explain their votes, either before or after the voting,
except when the vote is taken by secret ballot. The Chair may limit the time to be allowed for such
explanation. The Chair shall not permit the proponent of a proposal or of an amendment to explain his
or her vote on his or her own proposal or amendment.

Division of proposals or amendments
Rule 42
A representative of a Member may move that parts of a proposal or of an amendment shall bevoted on separately. If objection is made to the request for division, the motion for division shall bevoted upon. Permission to speak on the motion for division shall be given to only two representativesof Members in favour and two against. If the motion for division is carried, those parts of the proposal
or of the amendment that are subsequently approved shall be put to the vote as a whole. If all operative
parts of the proposal or of the amendment have been rejected, the proposal or the amendment shall beconsidered to have been rejected as a whole.

Voting on amendments
Rule 43
1.
When an amendment to a proposal is moved, the amendment shall be voted on first. When two
or more amendments to a proposal are moved, the Committee shall vote first on the amendment
furthest removed in substance from the original proposal and then on the amendment next furthest
removed therefrom and so on, until all the amendments have been put to the vote. Where, however, theadoption of one amendment necessarily implies the rejection of another amendment, the latter
amendment shall not be put to the vote. If one or more amendments are adopted, the amended proposal
shall then be voted upon. If no amendments are adopted, the proposal shall be put to the vote in its
original form.
2.
A motion is considered an amendment to a proposal if it adds to, deletes from, or revises partof that proposal.
8

UNEP/PP/INC.2/3

Voting on proposals
Rule 441.
If two or more proposals are related to the same question, the Committee shall, unless it
decides otherwise, vote on the proposals in the order in which they have been submitted. The
Committee may, after each vote on a proposal, decide whether to vote on the next proposal.
2.
Any proposals or motions requiring that no decision be taken on the substance of suchproposals shall, however, be considered as previous questions and shall be put to the vote before them.

Elections
Rule 45
All elections shall be held by secret ballot unless, in the absence of any objection, theCommittee decides to proceed without taking a ballot when there is an agreed candidate.
Rule 46
1.
If, when only one person or Member is to be elected, no candidate obtains, in the first ballot,
the majority required, a second ballot shall be taken, restricted to the two candidates obtaining thelargest number of votes. If in the second ballot the votes are equally divided, the Chair shall decide
between the candidates by drawing lots.
2.
In the case of a tie in the first ballot among the candidates obtaining the second largest numberof votes, a special ballot shall be held for the purpose of reducing the number of candidates to two. In
the case of a tie among three or more candidates obtaining the largest number of votes, a second ballot
shall be held. If a tie results among more than two candidates, the number shall be reduced to two by
lot and the balloting, restricted to the remaining candidates, shall continue in accordance with thepreceding paragraph.
Rule 47
1.
When two or more elective places are to be filled at one time under the same conditions, thosecandidates obtaining the required majority on the first ballot shall be elected.
2.
If the number of candidates obtaining such a majority is more than the number of places to be
filled, those candidates obtaining the largest number of votes shall be elected.
3.
If the number of candidates obtaining such a majority is less than the number of places to be
filled, additional ballots shall be held to fill the remaining places, the voting being restricted to thecandidates having obtained the greatest number of votes in the previous ballot, who shall number not
more than twice the places remaining to be filled. In the case of a tie between a greater number ofunsuccessful candidates, however, a special ballot shall be held for the purpose of reducing the numberof candidates to the required number.
4.
If three restricted ballots are inconclusive, unrestricted ballots shall follow, in which votes may
be cast for any eligible person or member. If three such unrestricted ballots are inconclusive, the next
three ballots (subject to exception in a case similar to that of the tie mentioned at the end of theprevious paragraph of this rule) shall be restricted to the candidates obtaining the greatest number ofvotes in the third of the unrestricted ballots. The number of such candidates shall be not more than
twice the number of places remaining to be filled.
5.
The following three ballots thereafter shall be unrestricted and so on, until all the places arefilled.

Equally divided votes
Rule 48
If a vote is divided equally on matters other than elections, the proposal shall be regarded as
rejected.

9

UNEP/PP/INC.2/3

IX.

Subsidiary organs
Subsidiary organs of the sessions, such as working groups and expert groups
Rule 49
1.
The Committee may establish such subsidiary organs as may be necessary for the effective
discharge of its functions.
2.
Each subsidiary organ shall elect its own officers, having due regard for the principle ofequitable geographical representation and for gender balance. The number of such officers shall be no
more than five.
3.
The rules of procedure of the subsidiary organs shall be those of the Committee, as
appropriate, subject to such modifications as the Committee may decide upon in the light of proposals
made by the subsidiary organ concerned.

X.

Languages and records
Languages of the sessions
Rule 50
Arabic, Chinese, English, French, Russian and Spanish shall be the languages of the sessions.

Interpretation
Rule 51
1.

Speeches made in a language of the sessions shall be interpreted into the other languages.

2.
A representative may speak in a language other than a language of the sessions. In this case heor she shall himself or herself provide for interpretation into one of the languages of the session, andinterpretation into the other languages by the interpreters of the secretariat may be based on theinterpretation given in the first language.

Languages of official documents
Rule 52
Official documents shall be made available in the languages of the session.

XI.

Public and private meetings
Plenary meetings
Rule 53
The plenary meetings during any session shall be held in public unless the Committee decides
otherwise. All decisions taken at any non-public meeting shall be announced at an early stage at a
public meeting.

Other meetings
Rule 54
Meetings of subsidiary organs such as working groups or expert groups, other than any
drafting group that may be set up, shall be held in public, unless the organ concerned decides
otherwise.

10

UNEP/PP/INC.2/3

XII.

Observers
Participation of specialized agencies, United Nations related organizations,multilateral environmental agreements, United Nations bodies and otherintergovernmental organizations
Rule 55

Participation of observers
Observers may participate in the work of the session in accordance with the establishedpractice of the United Nations General Assembly.

Observers from non-governmental organizations
Rule 56
Relevant non-governmental organizations participating in the session as observers may maketheir contributions to the negotiating process, as appropriate, on the understanding that theseorganizations shall not have any negotiating role during the process, and taking into accountdecisions 1/1 and 2/1 adopted by the Preparatory Committee for the United Nations Conference on
Environment and Development at its first and second sessions concerning the participation of
non-governmental organizations.

XIII.

Suspension and amendment of the rules of procedure
Rule 57
A rule of procedure may be amended or suspended by a decision of the Committee taken by
consensus, provided that 24 hours’ notice of the proposal has been given.

XIV.

Use of electronic means of communication
Rule 58
The Committee may use electronic means of communication for the transmission and sharingof documentation, without prejudice to other means of communication, as appropriate. The secretariat
shall ensure that a secure and dedicated web interface is established and maintained to facilitate thework of the Committee.

11