panel

UNITEDNATIONS

UNEP/PP/INC.5/4
UnitedEnvironment
Programme

Nations

Distr.: General
1 July 2024
Original: English

Intergovernmental
negotiating
committee
todevelopan international legally binding instrument on plastic
pollution, including in the marine environment
Fifth session
Busan, 25 November–1 December 2024
Item 4 of the provisional agenda
Preparation of an international legally binding instrument on plastic
pollution, including in the marine environment

Compilation of draft text of the international legally binding
instrument on plastic pollution, including in the marine environment*
Note by the secretariat
1.
At its fourth session, the intergovernmental negotiating committee to develop an international
legally binding instrument on plastic pollution, including in the marine environment, established two
contact groups (contact groups 1 and 2) to consider, respectively, the elements addressed in Parts I and
II of the revised draft text 1, including any relevant proposed annexes (contact group 1) and the elements
addressed in Parts III to VI of the revised draft text, including any relevant proposed annexes (contact
group 2). The Committee also decided that the work of the contact groups would be further divided among
subgroups (subgroups 1.1, 1.2 and 1.3 for contact group 1, and subgroups 2.1 and 2.2 for contact group2).22.
Following completion of the work of the contact groups and their respective subgroups at the
fourth session, the committee requested the secretariat to issue a compilation of the five outcome
documents of the subgroups, maintaining corresponding placeholders for potential annexes as containedin document UNEP/PP/INC.4/3, as an official document for its fifth session. The committee also
requested the secretariat to standardize the formatting of the document, and to correct any clear
typographical errors in the document, without making any substantive changes to its contents,
and decided that this compilation document will be the starting point for continued negotiations at its
fifth session with a view to completing its work on the instrument by the end of that session.3
3.
The compilation contained in the annex to the present note was prepared by the secretariat
pursuant to the mandate described above. In accordance with this mandate, minimal adjustments havebeen made to the text with a view to standardizing the format of the document for consistency ofpresentation and ease of reading, without modifying the substance of the texts as contained in therespective outcome documents of the subgroups.
4.
The following conventions, which were already used in the revised draft text that served as
starting point and basis for textual negotiations at the fourth session, are maintained in the compilationtext contained in the annex to this document:* Advance version in English only. This document has not been formally edited.
1 UNEP/PP/INC.4/3.
2 UNEP/PP/INC.4/5 (to be circulated).
3 UNEP/PP/INC.4/5 (to be circulated).

UNEP/PP/INC.5/4

a.

The terms “instrument*” and “governing body*” are used throughout the text to refer to thelegally binding instrument and its future governing body, without prejudice to their final
designation by the committee, except in part V.1, where specific text is proposed with regard
to the future governing body;b.

Where relevant, the full names of existing instruments and organizations have been inserted;c.

Different options reflecting possible ways of addressing issues raised by members of thecommittee are identified, where appropriate, using headers (e.g., “Option 1”, “Option 2”);
including, where relevant, an indication of the option for “no text” to be included;d.

Where relevant, alternative options for specific draft text are identified as “OPx alt”, where thenumber immediately following “OP” reflects the paragraph number (e.g., an option introduced
by “OP1” is an option for the first paragraph of the relevant provision); where several
alternatives have been proposed, additional alternatives are indicated as “OPx alt2”, “OPxalt3”, etc.,); ande.

Where relevant, proposed additional text is identified as “OPx bis”, OPx ter”, etc., where thenumber immediately following “OP” reflects the number of the paragraph after which theproposed text would be added (e.g., an option introduced by “OP1 bis” is an option for text
additional to the first paragraph of the relevant provision and proposed to be placed
immediately after that first paragraph).

5.
In addition, the following conventions used for text-based negotiation during the fourth session4
are also reflected in the compilation text contained in annex to this document:a.

Proposed text added during the fourth session is reproduced in bold type, without attribution;b.

Proposed deletions supported by some but not all members are reflected through square
brackets; andc.

Text proposed to be inserted before a paragraph is identified as “OPx supra”, where the number
immediately following “OP” reflects the number of the paragraph before which the proposed
text would be added.

6.
Square brackets contained in the respective outcome documents of each subgroup have been
maintained, corrected only for manifest errors (e.g., opening or closing brackets not matched by acorresponding closing or opening bracket).
7.
Original footnotes have been maintained as relevant. Instances in which footnotes or parts
thereof have been omitted for clarity are identified in the relevant location.
8.
Proposals in relation to the possible placement of text are reflected either as a distinct “Option”
or introduced by the indication: “proposed placement: …”. The draft text on fishing gear has been
inserted after II.9(a) without prejudice to its possible placement in the instrument, as indicated in the
explanatory box that precedes it. Footnotes 15 and 16 also contain indications on the possible placementof text in relation to Part III.
9.
In accordance with the mandate provided by the committee, placeholders for potential annexes
have been inserted, as contained in document UNEP/PP/INC.4/3. In addition, the text of potential
annexes contained in the outcome document of subgroup 1.2 as part of the text-based negotiation at the
fourth session have been added.
10.

4

The annex to the present note has not been formally edited.

A first round of textual negotiation was completed for elements I.1, I.2, I.4, I.5, II.1, II.2, II.3, II.3bis, II.4bis, II.7,
II.12, II.13bis and IV.1. Text-based negotiation was also initiated and not completed on elements II.5 (with several
Member interventions remaining to be taken up when negotiations resume) and II.8. A first round of text-basednegotiation was also conducted for the text on Fishing gear (“XX - Fishing gear”) which was not exhaustive for all
paragraphs in this text and was without prejudice to the different views on its possible placement. A first round ofline-by-line negotiation was also started but not completed for Part IV.2. See the outcome documents of therespective subgroups, available athttps://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups and the report of the intergovernmental negotiating committee to develop and international
legally binding instrument on plastic pollution, including in the marine environment, on the work at its fourth
session, UNEP/PP/INC.4/5, to be circulated.
2

UNEP/PP/INC.5/4

Annex*
Compilation of draft text of the international legally binding
instrument on plastic pollution, including in the marine environment

Contents

Part I
1.
2.
3.
[4.
5.

Preamble
Objective
Definitions
Principles [and approaches]]
Scope

5
5
8
8
8
11

Part II12
1. [[Primary [and secondary] plastic polymers]
12
2. [Cooperation and coordination with relevant MEAs on] [[Chemicals [and polymers] of concern [in [plastics
and] plastic products]]
14[Alt title: Hazardous chemicals [in plastics and plastic products] of concern]14
3. [[Problematic [plastic products] [and avoidable] [Single-use] plastic products] [[and groups of suchproducts]], [[including] [short-lived] and single-use plastic products] [[and [microplastics on their own and][products containing] intentionally added] microplastics]][in plastics and plastics products]] (proposed
placement: move to II.5)
17
a. [[Problematic [plastic products] and avoidable plastic products] [[and groups of such products],[[including] [short-lived] and single-use plastic products]]]
17[3bis Listing a product in Part II of Annex B [Problematic and avoidable plastic products] and Part III of Annex
B [Problematic plastic products]
18
b. [Products containing] [Microplastics on their own and] Intentionally added microplastics [in plastics andplastic products] (proposed placement: merge 3a and 3b)
19[3 bis alt. Micro- and [nanoplastics]] (proposed placement: move to Provision 8)
19
4.
[Exemptions available to a Party upon request]
20[4bis.
Dedicated programmes of work]
21
5.
Product design, [composition] and performance22
a. [Product [design and] performance]
22b. [[Reduce,] [reuse], [and] [recycling,] refill and repair [repurposing and refurbishment] of [plastics and]][Circularity approaches for] plastic products
24c.
Use of recycled plastic contents
25
d. [Alternative plastics and plastic products]
25
6. Non-plastic substitutes
26
7. [[Extended] producer responsibility]27
8. Emissions and releases of plastic throughout its life cycle
29
9. Waste management
31a. [[Plastic] Waste management]
31
XX. Fishing gear
32
10.
Trade [in listed chemicals[, polymers] and products, and in plastic waste] [related measures]
35
a. Trade in listed chemicals, polymers and products
35b. Transboundary movement of [non-hazardous] plastic waste
36
11.
Existing plastic pollution, including in the marine environment
37
12.
Just transition [pathways]
39
13.
Transparency, tracking, monitoring and labelling40[13bis Overarching provision related to Part II
41

Part III
1. Financing [mechanism [and resources]]
2. Capacity-building, technical assistance and technology transfer
Alt title: Capacity-building, technical and scientific cooperation, technology transfer
Alt title 2: Capacity-building and technical assistance[3.]
Technology [transfer]

42
42
47
47
47
48

* The annex has not been formally edited.
3

UNEP/PP/INC.5/4

Part IV

49
1. National [Action] [Implementation] Plans
49
2. Implementation [[and][,] compliance] [and cooperation]
50
3. Reporting on progress [of implementation]
52
4. Periodic assessment and monitoring of the progress of implementation of the instrument* [and effectivenessevaluation]
54
a. [Assessment and monitoring
54b.]
Effectiveness [Effectiveness evaluation] [Progress assessment]
54[b][c.] Review of [hazardous] chemicals [and polymers] of concern, microplastics and problematic andavoidable products[, and non-plastic substitutes]
55
5. International cooperation
56
6. Information exchange
57
7. Awareness-raising, education and research [and development]
58
8. [Partner and] Stakeholder engagement60
8 bis.
Health aspects
60

Part V
1.
2.
3.

Governing bodySubsidiary bodies
Secretariat

Part VI Final provisions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Settlement of disputes
Amendments to the instrument*
Adoption and amendment of annexes
Right to vote
Signature
Ratification, acceptance, approval or accession
Entry into force
Reservations
Withdrawal
Depositary
Authentic texts

Possible annexes to the instrument

61
61
61
62
63
63
63
64
65
65
65
65
66
66
66
66

67
Indicative list of potential annexes
67
Annex A Primary plastic polymers, and chemicals and polymers of concern
67
Annex B Problematic and avoidable plastic products, including short-lived and single-use plastic products
and intentionally added microplastics
67
Annex C Product design, composition and performance68
Annex D Modalities for the establishment and operation of EPR systems based on common principles
68
Annex E Emissions and releases of plastic through its life cycle
68
Annex F
Waste management
68
Annex G Format for national plans
69
Annex [X] Effective measures at each stage of plastic lifecycle
69
1. Entire stage69
2. Production stage
69
3. Distribution/sale/consumption stage
69
4. Waste management and disposal stage
70
5. Cross-cutting elements
702.
[Proposed annexes relating to element II.2
71
3.
Proposed annexes relating to elements II.3 and 3bis73
a.
[Proposed annex B
73
b. [Annex X - Products
74
c. [Annexes B]
75
4. Proposed annex relating to element II.5
76
1.

4

UNEP/PP/INC.5/4

Part I
1.

Preamble5[The Parties to this instrument*,
Noting with concern that the high and rapidly increasing levels of plastic pollution represent a serious
environmental problem [and human health [animal and plant health] risks] at a global scale, negatively
impacting the environmental, social and economic dimensions of sustainable development,[Noting with concern the global challenge of accumulated legacy plastic waste in developing
countries due to illegal transboundary movement,][Recognizing that plastic pollution refers to the leakage and accumulation of plastic waste in theenvironment that has adverse effects on the environment and human health,]
Recognizing that plastic pollution includes microplastics [pollution],
Noting with concern the specific impact of plastic pollution on the marine environment [and connectedaquatic ecosystems] [and impacts on biodiversity],[Recognizing the intersections between plastic pollution, circular economy solutions andinnovations across the full lifecycle of plastics and impact on biodiversity,][Recognizing the effects on human health and the environment throughout the entire life cycle ofplastics,][Recognizing the important role played by plastic in human society,][Recognizing the important role of plastic as sustainable material resources that contribute to thewelfare and human health,][Noting that plastics per se are not pollutants,][Also noting that plastics are fundamental materials that guarantee food, housing, transportation,
medical care with wide application in industrial, engineering, construction, agriculture etc,]
Noting that plastic pollution, in marine [and other aquatic environments] [and terrestrial] [and otherenvironments] [ecosystem], can be of a transboundary nature and needs to be [tackled][addressed], together
with its impacts, through a full-life-cycle approach, [taking into account [different] national circumstances andcapabilities], [in light of the principle of common but differentiated responsibilities][Recognizing the specific needs of developing countries,][Recognizing that plastic pollution is a global environmental problem and that its regulation will
have socio-economic impacts,][Emphasizing the importance and necessity of international cooperation to strengthen global
response to the threat of plastic pollution, considering disparate national conditions and development
stages, especially the circumstances and capabilities of developing countries, with a view to contributing
to sustainable development,][Recognizing the importance of the right to development in particular for developing countries andthe critical role of efficient use of plastic products and plastic waste management in achieving sustainable
development and having a clean and healthy world far from pollution for all,][Acknowledging the huge potential for enhancing plastic pollution reduction efforts through global
focus on addressing existing and legacy plastics including in marine environment,]
Recognizing the special circumstances of [developing countries in particular] small island developing
States [, downstream developing countries] [and] [,] [least developed countries] [and landlocked developing
countries,][Reaffirming the principle of national sovereignty in international cooperation to address plastic
pollution,]

5 Note by the secretariat: original footnote omitted. See subgroup 1.1 co-facilitators’ non-paper on subgroupoutcomes, 29 April 2024, footnote 2, available at https://www.unep.org/inc-plastic-pollution/session4/documents/in-session#ContactGroups.
5

UNEP/PP/INC.5/4[Reaffirming that States have in accordance with charter of the UN and the principles ofinternational law the sovereignty right to explore their own resources pursuant to their own
environmental and development policies,]
Reaffirming General Assembly resolution 70/1 of 25 September 2015, by which the General Assembly
adopted the 2030 Agenda for Sustainable Development,[Reaffirming also the principles of the Rio Declaration on Environment and Development, adopted in Riode Janeiro, Brazil, in 1992,][Recalling General Assembly resolution 76/300 of 28 July 2022 [which recognized] [on] the [human]right to a clean, healthy and sustainable environment [as a human right],][Recalling General Assembly resolution 41/128 of 4th December 1986 which recognized the right todevelopment as an inalienable human right,][Noting with concern that high and rapidly increasing levels of plastic pollution represent a serious
environmental problem and human health risks at a global scale, negatively impacting the environmental,social and economic dimensions of sustainable development,]
Recalling the United Nations Declaration on the Rights of Indigenous Peoples,[Affirming that nothing in this instrument shall be construed as diminishing or extinguishing theexisting rights of Indigenous Peoples, including as set out in the United Nations Declaration on the Rights
of Indigenous Peoples, or of, as appropriate, local communities,][Recalling the Addis Ababa Action Agenda of the Third International Conference on Financing fordevelopment,][Recognizing the need for accessing the requirement of resources for providing technical andfinancial assistance including technology transfer required by developing countries for fulfilling
obligations laid out under this instrument,][Recognizing the important role of plastic products in society, economy and international trade,including the importance in supporting public health, guaranteeing food safety and security as well as toachieving the sustainable development goals,]
Stressing the urgent need to strengthen the science-policy interface at all levels, improve understandingof the global impact of plastic pollution [and measures to address them,] [on the environment, and promote
effective and progressive action at the local, regional and global levels, recognizing the important role played byplastics in society,]
Recognizing in the implementation of the commitment in this instrument the consideration ofactions related to funding and transfer of technology to meet the specific needs and concerns of developing
country Parties arising from the adverse effects of plastic pollution and/or the social and economic impactsof implementation measures,]
Recalling United Nations Environment Assembly resolutions 1/6, 2/11, 3/7, 4/6, 4/7 and 4/91 andaffirming the urgent need to strengthen global coordination, cooperation and governance to take immediate
action towards the long-term elimination of plastic pollution in marine [and terrestrial] [and otherenvironments] [ecosystem], and to avoid detriment from plastic pollution to ecosystems and the human activities
dependent on them,
Recognizing the wide range of approaches, sustainable alternatives and technologies available to address
the full life cycle of plastics, further highlighting the need for enhanced international collaboration to facilitate
access to [financial,] technology, capacity-building, and scientific and technical cooperation, and stressing that
there is no single approach,[Stressing that sustainable patterns of sustainable patterns of consumption and production, with
developed country parties taking the lead, play an important role in addressing plastic pollution,]
Underlining the importance of promoting sustainable design of products and [materials so that they canbe reused, remanufactured or recycled and therefore retained in the economy for as long as possible, along withthe resources they are made of] [their value retention can be maximised], and [of minimizing] the generationof waste[can be minimised], which can significantly contribute to sustainable production and consumption ofplastic[s] [products],
Welcoming efforts made by Governments and international organizations, in particular through national,[regional] and international [action] plans, initiatives and instruments, including relevant multilateralagreements, and recognizing the need for complementary actions and a coherent and coordinated long-term
global vision,
6

UNEP/PP/INC.5/4[Reaffirming the importance of cooperation, coordination and complementarity among relevant regional
and international conventions and instruments, with due respect for their respective mandates, [to prevent plastic
pollution and its related risks to human health and adverse effects on human well-being and the environment],
including the International Convention for the Prevention of Pollution from Ships of 1973, as modified by theProtocol of 1978 relating thereto and as further amended by the Protocol of 1997; the Basel Convention on theControl of Transboundary Movements of Hazardous Wastes and Their Disposal; the Rotterdam Convention on
the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade;
the Stockholm Convention on Persistent Organic Pollutants; the United Nations Convention on the Law of theSea; the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter of 1972 andthe Protocol thereto; [the Strategic Approach to International Chemicals Management;] [Global Framework on
Chemicals] the United Nations Framework Convention on Climate Change; the Convention on Biological
Diversity; [Kunming-Montreal Global Biodiversity Framework] [the World Health Organization
Framework Convention on Tobacco Control] and other international organizations, regional instruments andprogrammes, and recognizing efforts led by non-governmental organizations and the private sector,]
Recognizing that each country is best positioned to understand its own national circumstances, [andcapabilities] including its stakeholder activities, related to addressing plastic pollution, including in the marine
environment,
Recognizing the importance of [the use of] [best] available science, [including] [traditional knowledge,knowledge of] Indigenous [Peoples and local] knowledge[s] [sciences and practices] [systems],[[Taking into account] [Stressing] the imperatives of a just transition [pathways] [to more circular
economies for plastics, particularly for] [of] the workforce, [including workers in the informal sector, andthe creation of decent work and quality jobs in accordance with nationally defined development
priorities,]][Taking into account the imperatives of a fair transition of workers throughout the value chain ofplastics, particularly waste pickers and the creation of decent work and quality jobs in accordance withnationally defined development priorities,][Recalling the International Labour Organization’s guidelines on a just transition,][Recognizing the importance of just and equitable transition pathways that includes energy, socioeconomic, workforce and other and are based on nationally defined priorities,]
Recognizing also the significant contribution made by waste-pickers and other workers in informal andcooperative settings to the collecting, sorting and recycling of plastics in many countries,
Considering the [urgent] [need to mobilize [predictable] new and additional] [importance of] means of
implementation [in manner than aligns with the level of ambition required to effectively combat plastic
pollution based on the principle of common but differentiated responsibilities] [from developed countries][from all sources] , [in particular for [developing] [small island developing States and least developed]
countries,] [in order to strengthen national capabilities] to combat plastic pollution,[Recalling United Nations Environment Assembly resolution 5/14 of 2 March 2022 which requested the
Executive Director of the United Nations Environment Programme to convene an intergovernmental negotiating
committee to develop an international legally binding instrument on plastic pollution, including in the marine
environment, based on a comprehensive approach that addresses the full life cycle of plastic,][In pursuant of the objectives of this instrument, and being guided by the principle of equity andthe principle of common but differentiated responsibilities,][Reaffirming the duty to preserve and protect the marine environment under the United Nations
Convention on the Law of the Sea,][Recognizing the special requirements of environmentally vulnerable archipelagic States,][Reaffirming States commitment to respect protect and fulfil human rights in the context of efforts
to address plastic pollution for the benefit of present and future generations,][Acknowledging] [Noting with concern] that plastic pollution has its disproportionate impacts on
peoples in vulnerable situations such as children, women, Indigenous Peoples, coastal communities, andworkers at heightened risk of occupational exposure including waste pickers,][Acknowledging the impacts on human health and the environment from emissions and releases ofhazardous pollutants during extraction,][Resolved to end plastic pollution by 2040,]
7

UNEP/PP/INC.5/4[Affirming the importance of education training public awareness public participation, publicaccess to information and cooperation at all levels on the matter addressed in this instrument,][Recognizing that subsidies can play an environmentally harmful role throughout the lifecycle ofplastics and in the plastic pollution crisis,]Have agreed as follows:]

2.

Objective
1.
The objective of this instrument* is to [end plastic pollution] [including in the marine environmentto] [in order to] [protect human health] [, animal health] [plant health] [biodiversity] [achieving healthy
environment] [and the environment] [from] [the adverse effects of] [end] [prevent] plastic pollution[.],including in the marine environment [without prejudgment and prejudice to the inexorable high end utilityof products] [and other aquatic as well as terrestrial ecosystems], [by ending plastic pollution] [based on acomprehensive approach] [that addresses the [full] life cycle of plastic [products] [waste]] [through theprevention, progressive reduction and [elimination] [remediation] of [additional] plastic pollution] [and legacy
plastic pollution] [management] [and utilization of [plastic and] plastic waste] [according to national priorities][by 2040] [and enhanced efforts thereafter], [in order][to protect human health] [, animal health] [and theenvironment][from its adverse effects][and] [while] [to achieve] [achieving] [sustainable development] [topromote circular economy] [, poverty eradication and just transition,] [considering] [in line with] the principleof common but differentiated responsibilities] [and respective capabilities] [taking into account national
circumstances, capabilities and priorities] [as well as] [the matched] financial and technicalsupport][through the efficient transfer of technology, reliable and predictable[, proportionate andconcomitant] financing and capacity building.] [from developed nations to provide to developing nations].

3.

Definitions6
Option 0
No standalone provision.
Option 1[4.

1.

For the purposes of this instrument*:

a.
b.
c.

[“term”] means [][“term”] means [][“term”] means []Principles7 [and approaches]]
Option 0
No standalone provision.
Option 1
1.
In their actions to achieve the objective of the instrument* and to implement its provisions, the Parties[shall] [should, as appropriate,] be guided, inter alia, by [the following] [principles] [and approaches] [The
implementation of this instrument shall be in line with the following principles:]:

6 The placement of definitions could be in a standalone article (option 1) or integrated into the substantive

provisions of the instrument, or a combination of the two. See contact group 3 outcome document, p. 3. See also
the compilation of written submissions by members during the third session of the intergovernmental negotiating
committee (available at https://www.unep.org/inc-plastic-pollution/session-3/documents/insession#ContactGroups).
7 The options identified for the consideration of the committee are intended to reflect the three possible
approaches identified on the basis of members’ inputs which could be used, in isolation or in combination, toreflect principles relevant to the instrument, i.e., references to the relevant principles in preambular language, a
dedicated provision identifying principles to guide the instrument, and/or incorporation of the relevant principles
in relevant substantive provisions. Note by the secretariat: Original footnote partly omitted. See Subgroup 1.1 cofacilitators’ non-paper on subgroup outcomes, 29 April 2024, footnote 4, available at https://www.unep.org/incplastic-pollution/session-4/documents/in-session#ContactGroups.
8

UNEP/PP/INC.5/4

a.

[the principles set out in the Rio Declaration on Environment and Development (RioPrinciples), as referred to in resolution UNEA 5/14, in general or with reference to specificprinciples][a bisthe promotion, respect and protection of human rights]b.

[common but differentiated responsibilities] [[and] [respective capabilities] [Rio]][principle]c.

[the polluter pays principle]d.

[the precautionary approach][es] [applied by States] [according to national capabilities]e.

[the prevention [approaches] [principle]]f.

[respect for sovereignty over the use of natural resources]g.

[just transition[s]] [including for waste pickers and other workers in the plastics value
chain]h.

[the protection of [vulnerable communities] [persons in vulnerable situations] ]i.

[shared responsibility] [for the life cycle of the product]j.

[intergenerational equity] [and intragenerational equity]k.

[non-regression]l.

[ecosystems approach]m.

[Extended Producer Responsibility] [approach]n.

[transparency]o.

[inclusiveness]p.

[bottom-up approach]q.

[a gender perspective]r.

[general principles relating to marine pollution]s.

[circular economy] [circularity] [approaches]t.

[non-discrimination]u.

[[best] available science] [and scientific information] [approach]v.

[[Indigenous Knowledge] local and [Indigenous knowledge][s, sciences and practices]][theuse of [best] available science [,] data [,] and information and traditional knowledge,knowledge of indigenous peoples and local knowledge systems in accordance with therights [of the] holders of such knowledge including as reflected in the United Nations
Declaration on the Rights of Indigenous Peoples and international human rights law]w.

[access to information and [transparency] [justice]] [approach]x.

[equity]y.

[sustainable development] [Rio principle]z.

[Measures taken to address plastic pollution should not constitute a mean of [arbitrary or
unjustifiable] discrimination [, technical barrier, or any other forms of] or a disguised
restriction on international trade] [Rio principle]aa.

[promotion of cooperation at regional and international level]bb.

[the three Rs of waste management] [approach]cc.

[the principle of [sovereignty] [sovereign equality] of States]

dd.

[the right to choose policy mixes]

dd bis[right to development]ee.

[avoidance of creating new development and environmental problems][ee bisequal treatment of plastic products vis-à-vis products from other materials in terms of
their impact on human health, environment and climate]
9

UNEP/PP/INC.5/4[ee ter

respecting the relevant new instruments and frameworks and relevant global regional
sub regional and sectoral bodies.][ee quater

the inalienable right to unrestricted economic and technological development ofdeveloping parties self-same to highly advanced economies.][ee quinquies

full consideration of specific needs, special circumstances and local capabilities ofdeveloping countries][ee sexies

special circumstances of small island developing States][ee septies

public participation in environmental decision making, including full and effective
participation by indigenous peoples and local communities][ee octies

the right to the enjoyment of the highest standard of health][ee decies

women are agents of change and are essential to addressing the issues of plastic pollution.
The instrument shall advance in gender equality through women’s full and equal
participation and gender responsive approaches in all aspects of its implementation
including in decision making and through the implementation of a gender action plan.][ee undecies

waste hierarchy [principle] [measure]][ee duodecies

support of climate action in targets][ee terdecies

full consideration to States with geographical characteristics that are vulnerable to plastic
pollution.][ee quaterdecies special circumstances for downstream developing countries]

10[ee quindecies

prior and timely notification and relevant information to and relevant consultation withpotentially affected States][ee sexdecies

the right of development is inherent to human right, all peoples have an equal right tomatters relating to safe living means, Economic development is the prerequisite for
adopting measures to address plastic pollution. Developing countries have a right to growsustainable consumption to meet social and economic development needs.][ee septdecies

all states have a duty to aim at sustainable development for the benefit of present andfuture generations. Protection of the environment should proceed in an integrated
manner with economic development in light of national circumstances, without prejudice
to the socio-economic development of developing countries.][ee octodecies

the Parties have, in accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources pursuant to theirown environmental and developmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage to the environment ofother States or of areas beyond the limits of national jurisdiction.][ee novodecies

the Parties, in particular developed countries, shall respect the principle of sovereigntyof States in international cooperation to address the issue of plastics pollution in a
facilitative, non-instructive and non-punitive manner, and avoiding any undue burden
being placed on Parties.][ee vicies

the Parties should protect the environmental system for the benefit of present and future
generations of humankind, on the basis of historical responsibility, equity and inaccordance with their common but differentiated responsibilities and respective
capabilities (CBDR+RC) between developed and developing countries, taking into
account developed countries’ historical contribution to plastic pollution due to highproduction and consumption levels, industrial activities, and waste management
practices.][ee unvicies

developed countries, having historically contributed to plastic pollution, and accordingly
have the obligation to compensate for their actions in accordance with Polluters Pay
Principle (PPP)][ee duovicies

the specific needs, priorities and special circumstances of developing country Parties,
especially those that are particularly vulnerable to the adverse impacts of plastic
pollution, and of those Parties, especially developing country Parties, that would have tobear disproportionate or abnormal burden under the instrument, should be given fullconsideration.]

UNEP/PP/INC.5/4[ee tervicies

the Parties shall take precautionary approaches in a cost-effective manner and inaccordance to their national circumstances, capabilities and different socio economic
context based on the common but differentiated responsibilities principle.][ee quatervicies developing country Parties should have the right to promote sustainable development,
policies and measures to protect the environment as appropriate to the specific conditionsof each Party and should be integrated with national development programs, taking into
account that economic development is essential for adopting measures to address plastic
pollution.]5.

[ee quinvicies

the Parties must ensure measures taken to combat plastic pollution, including unilateralones, must not introduce trade distortions and constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on international trade.][ee sexvicies

the need to improve the international economic environment for the developing countries
and to promote their sustained economic development are prerequisites for enabling
developing countries to participate effectively in the international efforts to protect the
global environment.]

Scope8
Option 0
No standalone provision.
Option 1
This instrument* [is based on a comprehensive approach that] [addresses the [full] [whole] life cycle of plastic][products] [applies to plastic pollution] [including] [in the] [marine] [environment] [throughout the full life
cycle] [from the design of plastic products to the environmentally sound management of plastic waste] [from[extraction to] production, design, use, [and] consumption, [of plastic products to] disposal and remediation [ofplastic waste] [and] [based on comprehensive regulations and collaborative measures [based on a hierarchy
between avoidance, reduction, reuse, recycling, and elimination]], [taking into account, among other things, theprinciples of the Rio Declaration on Environment and Development, as well as national circumstances andcapabilities]. [It addresses [all sources of] plastic pollution [and leakage, including legacy plastic pollution] andcovers plastic [materials and] products, [and plastic waste] [as well as plastic related chemicals andmicroplastics]. [It recognizes [and addresses] [the risk] [the effect of] of plastic pollution to human health andthe environment and the impact on climate change and biodiversity.]] [It also [prioritizes and] addresses [theelimination of problematic, harmful and high-risk plastic categories and] sustainable production andconsumption of plastics [products], including environmentally sound management [of plastic waste], resource
efficiency and circular economy.][The instrument* does not apply to the following applications and[/or] substances:
a.
b.
c.
d.
e.
[e bis[e ter[e quater[e quinquies[e sexies[e septies[e octies[e novies[e decies[e undecies[e duodecies[Medical and health use;][Emergency response to public health incidents and natural disasters;][Scientific and experimental research][Raw materials, such as hydrocarbons and their derivatives;][Intermediate products, such as [virgin] [primary] polymers, which have to be further
processed for serving end uses, and any dual-use items]
Transportation,]
Building and construction,]
Electronic application,]
Infrastructure,]
Energy]Packaging]Specific lists of plastic products]]
Plastic polymers]
Chemicals]
Microplastics]
Non plastic substitutes]

8 Note by the secretariat: original footnote omitted. See subgroup 1.1 co-facilitators’ non-paper on subgroupoutcomes, 29 April 2024, footnote 5, available at https://www.unep.org/inc-plastic-pollution/session4/documents/in-session#ContactGroups.
11

UNEP/PP/INC.5/4[e terdecies
GHG emissions][e quaterdecies National security]
Option 2[The scope of the] [This] instrument* [is to end] [applies to] plastic pollution through a [full] life-cycle approach,[by promoting circularity] taking into account [among other things the principles of Rio Declaration on
environment and development] national circumstances and capabilities through nationally determined[initiatives] [action plans] reflecting country-driven approaches, [without overlapping with the mandates ofother MEAs and relevant instruments and bodies] while ensuring sufficient flexibility to accommodate thedifferent capacities and circumstances of developing countries especially least developed countries, while still
being effective in addressing plastic pollution. [The application of this instrument excludes extraction andprocessing of primary raw materials and virgin polymer production.][OP 1 bis For greater clarity, feedstock such as hydrocarbons and primary polymers made thereof, is
excluded from the scope of the instrument]
Placement to be determined[Placeholder to consider exemptions or exclusions for national security and certain public health issues.]

Part II
1.

[[Primary [and secondary] plastic polymers]
Alt title: [Plastic polymers][Option 0
No text. No provision]
Option 1
1.
[[Parties] [are encouraged to] [Each Party], [based on common but differentiated responsibilities][sustainable economic growth and development and eradicate poverty] [taking into consideration theirrespective capabilities and national circumstances,] [shall] [may endeavour to] take [the] [necessary] measures[[to prevent and [mitigate] [remove] the [potential for adverse] impacts on human health [and][or] theenvironment [especially biodiversity] from the [production] [use] of [[primary] plastic polymers] [of concern][to environment and human health] [and [secondary plastics polymers], [including their [feedstocks] and[precursors]]]] [to [manage] [address] [promote] [sustainable] production and consumption of plastics throughproduct design and environmentally sound waste management, including through resource efficiency andcircular economy approaches].] [Merge with II.8][OP1 alt. No text.]
OP1 alt 2 [Each Party [is encouraged to] shall [subject to availability of credible and affordable substitutes]
take measures [manage the plastics] to [[reduce] [promote] demand for [[primary plastic] polymers]] [thatpresent a risk [of concern] to human health or the environment and] to promote sustainable production
and consumption of plastic throughout its lifecycle.][OP1 alt 3 Parties shall take necessary measures to ensure the sustainable production of plastic for the
purpose of preventing and mitigating impacts on the environment, taking into account respective national
capacities and circumstances][OP1 bis Each party shall [is encouraged] provide to the secretariat within [three months] [a period it
deems appropriate] of becoming a party [statistical] [publicly available] data on their annual production,
imports and exports of [primary plastic polymers] [and secondary plastic polymers] [with due regard toprotection of business and state confidential information], including types and quantities for [2025] [andeach period thereafter] specified in part IV.3 on reporting on progress or [the best possible estimates ofsuch data] where actual data is not available.] (Proposed placement: move to Part IV)

12

UNEP/PP/INC.5/4[Sub-option 0
No text in sub-option.][Sub-option 1
2.
[In order to achieve the global target specified] by the governing body* and updated each [x years][depending on scientific data on the effectiveness of global reduction targets to reduce plastic pollution]
depending on economic [scientific, environmental, economic, social and human health impact including
food and water security] and market studies] in [part I of annex A], ][Each Party] [Parties] [shall] [areencouraged to] [may endeavour to] [is encouraged to subject to the availability of credible affordable,
accessible substitutes][, based on scientific evidence,] [traditional knowledge, knowledge of Indigenous
Peoples [,] and local knowledge systems], [Indigenous knowledge, traditional knowledge, and local
knowledge] [not allow its level of production and supply of [primary plastic polymers] [and secondary plastic
polymers] to exceed the reduction target specified in [by conference of parties and updated each [x years ]depending on economic and market studies [part I of annex A]][,[ [cooperate] to manage and [reduce,]] [where
feasible and appropriate], [or optimize the] [[manage and]] [take [appropriate] measures to] [promotesustainable production and [consumption] of plastics] [[reduce] the [demand for] [global production andsupply of] [primary plastic polymers]] [and secondary plastic polymers] [through the development of] [[of[concern] [[that present a] risk [of concern]] to human health and environment] [in[to] an agreed sustainablelevel]] [develop nationally determined targets [to [reduce] its level of production] and take the necessary
measures to achieve them]. [For each reporting period specified in part IV.3 on reporting on progress thecontribution of the national targets to the global target shall be evaluated to determine the adaptation to
be done by the Parties to achieve the global target.]][OP2 alt Parties shall [according to national circumstances and capacities and based on the principles of circular
economy] [determine] [take] [the necessary] [appropriate] measures [based on scientific, environmental,social and human health including food and water security] [to promote sustainable production andconsumption of plastics] [to manage [and reduce] [and optimize] [the global production and supply] [the use]of [primary plastic polymers] [and secondary plastic polymers] referred to in paragraph 1.]]
[OP2 bis The measures taken to implement this provision shall have particular regard to [primary plastic
production and] products that contribute the most [to plastic pollution], [based on scientific evidence,subject to the availability of credible, affordable, accessible substitutes and national circumstances andcapabilities] [or are not conducive] to a safe circular economy.]
3.
[Parties are encouraged to [restrict] [manage] applications of [each plastic polymer type as
recommended in annex] [plastic products] […] unless [the environmental leakage of] plastic wastes arisen
from such applications are able to be managed in an environmentally sound manner within their current existence
and capacity of waste management options or alternatives.]
4.
[Parties are also encouraged to take any necessary measures to increase the production, supply,
utilization, and demand of secondary plastic[s] [content] [and circular polymers].] [keeping in view market
contingencies] (proposed placement: move to Provision II.9)[OP4 bis Each party [shall] [shall endeavour to] establish science and risk based public procurement
policies or guidelines to reduce waste and adverse environmental impacts related to procured plastic
products, including requirement related to the items produced with recovered materials.]
5.
[Each country is encouraged to Party [should][shall][, [based on scientific evidence] [based on
scientific, environmental, social and human health including food and water security] [traditional
knowledge, knowledge of Indigenous Peoples [,] and local knowledge systems], [Indigenous knowledge,
traditional knowledge, and local knowledge] take [any] [appropriate][effective] measures to [[reduce][manage] the demand for and production of [primary plastic polymers] [and secondary plastic polymers][while promoting an increase of the demand for and production of secondary plastics,][, including] [excluding][the following measures] [[through][that present a demonstrated risk of concern to human health or theenvironment and to] promote sustainable production and consumption of plastic throughout its lifecycle] [Such[voluntary] measures [may] [shall not] include][:]]a.

[Market- and price-based measures;]b.

[Neither granting nor maintaining] [[Removal of] subsidies [or] [and] other fiscal incentives to the
production of primary plastic polymers] [and secondary plastic polymers]; [and [increasing of subsidies
and any other incentives to the production of secondary plastics; and]]13

UNEP/PP/INC.5/4

c.

The establishment, as applicable, of regulatory requirements for [primary plastic polymer [andsecondary]] producers.

d.

[[Should] [establish] [The establishment of] [national] science- and risk-based public procurement
policies [or guidelines] to reduce waste [and adverse environmental impacts related to procured plastic
products,] including requirements related to the procurement of items produced with [recovered]secondary [materials] [plastics].][OP2 alt (merging OP2, OP3, OP4, OP5) Parties are encouraged, according to national capacities andcircumstances, to take measures to achieve sustainable production of primary plastic polymers and plastic
products, promoting the production and demand of secondary plastic, the use of renewable raw materials,of energy efficiency, recycling of plastic polymers, and the sound management of chemicals used in theirproduction.]
6.
[Parties shall conduct a technical assessment that incorporates the needs of each country, considering
the availability of alternative materials in each country and their impact on economic, environmental, [cultural],and social aspects. The measures shall not apply if it is scientifically proven [on the basis of the best available
science], [that is operationally proven] [traditional knowledge, knowledge of Indigenous Peoples[,] andlocal knowledge systems], [Indigenous knowledge, traditional knowledge, and local knowledge] that there
are no viable substitutes that could endanger people's health].][OP6 bis Each party [shall] [shall endeavour to] establish and implement as soon as possible but no later
than [three years] upon becoming a party a system for licensing the production, import and export of[primary plastic polymers] [and secondary plastic polymers].]
7.
[[Each Party][Parties] shall reflect the measures taken to implement this provision in their [respective]
national plans communicated pursuant to [part IV.1 on national plans], [including] [which shall include] their[intended] [level] [policy] of domestic supply [of primary plastic polymers] [and secondary plastics] including,as relevant, domestic production, [and the measures taken to manage and [reduce] it] [expressed in percentage
terms in relation to the baseline set out in part I of annex A, for each reporting period specified in [part IV.3 onreporting on progress]].] (proposed placement: move to IV.1)][OP7 bis The governing body* shall update the global [reduction] targets in annex A every [5 years] basedon [demand and market studies] [and on scientific data on the] effectiveness of global reduction targets to
reduce plastic pollution on the basis of reports in part IV.]

2.

[Cooperation and coordination with relevant MEAs on] [[Chemicals [and polymers] ofconcern [in [plastics and] plastic products]][Alt title: Hazardous chemicals [in plastics and plastic products] of concern][Option 0
No text. [No provision]][OP0 bis. This provision shall be interpreted and implemented in a manner that does not duplicate andrespects the relevant legal instruments and frameworks and relevant global regional subregional andsectoral bodies, and promotes the coherence and coordination with those instruments, frameworks andbodies.]
Option 1
1.
[[Each Party] [Parties][, in accordance to its national circumstances and capabilities and subject to its
national [action] plan,] [taking into account common but differentiated responsibilities and respective
capabilities] [shall] [is encouraged] take the [necessary] [effective] measures [Parties commit to controlling
plastic materials that contain additives or constituents of concern listed under the BRS conventions][,
including those referred to in paragraph 2,][[to prohibit or] to regulate, [as appropriate],] [to manage][[to notallow and [eliminate] [progressively]] [or] [to minimize,] [and avoid] [according to lists in annex A] [and as
appropriate] to eliminate,] [at the latest by the dates provided in part II of annex A,] [through a robust criteria
established in Annex A, B and C of the Stockholm Convention on Persistent Organic Pollutants ensuring
an effective approach][the use] [[and][or] presence] [the risk] of the [plastics containing] [hazardous]
chemicals, [[and] [[groups of chemicals] and [polymers]] [in applications of plastic products] [plastic

14

UNEP/PP/INC.5/4

products] [plastic application]] [with the potential for adverse impacts on human health or the environment [atany stage of] [throughout] the plastic life cycle, or with properties that [may] hinder their [safe and]environmentally sound management, [including their reusability, repairability, recyclability and disposal] [,based on the criteria contained in annex A]] [listed in part II of annex A] [, except as provided in that annex][,based on agreed scientific criteria, following a transparent and inclusive process decided by the governing
body*] [in the production[, sale, distribution, [manufacture, use,] import and/or export] of plastic [polymers][products], plastics and plastic products, [subject to the provisions of that annex, the measures taken to
implement this provision shall be mutually supportive with other international agreements dealing withchemicals] [[[throughout][at any stage of the product] life cycle,] [ containing a chemical, group of chemicals,or polymer listed in part II of annex A][[and any persistent organic pollutants (POPs) listed] [of annex A[, except
as provided in that annex.]] [in Annex A, B and C of the Stockholm Convention on Persistent Organic Pollutants][and taking into account global framework on chemicals] [provided alternatives or substitutes are available,
accessible, affordable and environmental-friendly]]. [The measures taken to implement this provision shall bereflected in the national plan communicated pursuant to [Part IV.1 on national plans]. [With an applicational
approach][OP1 alt [Each Party] [Parties] shall take [appropriate] measures, [taking into account common but
differentiated responsibilities and respective capabilities] consistent with its regulatory frameworks andprocesses, and based on scientific evidence, [in a way that does not create unnecessary obstacles tointernational trade and does not constitute a means of arbitrary or unjustifiable discrimination or a
disguised restriction on international trade] to [identify and [control] [regulate] [manage] [prohibit andregulate] chemicals, [groups of chemicals][ and [polymers]] [plastic products]] [[[to prioritize and evaluate,[as appropriate], [polymers] [plastic products] and chemicals used in [plastic production]]] [to test [chemicals
used or intended to be used in plastic production]]] that [may] [be contained in plastic products inconcentration above scientifically established maximum permissible concentrations and] present a[demonstrated] [risk of concern to] [adverse effect on] human health or the environment [throughout] [[at any
stage of] the [plastic] product life cycle, [from the moment plastic products are put into circulation][including consideration of risks relevant to [their environmentally sound management, reusability, andrecyclability]]] [relevant to the reuse repair and recycling of the products that contain these chemicals or[polymers] [plastic products].[with an applicational approach]]] [to this end, consideration of plastic
products reusability, recyclability, and environmentally sound waste management, may also be taken into
account.][OP1 alt bis Each party [shall] [is encouraged] take measures, taking into account common but
differentiated responsibilities and respective capabilities, consistent with its regulatory frameworks andprocesses, and based on scientific evidence to prioritize, test and evaluate as appropriate chemicals usedin plastics production that may present a risk of concern to human health or the environment.][OP1 alt ter Any measures established by a Party for the implementation of the provisions of OP1ALTshall be in conformity with the Agreement on Technical Barriers to Trade included in Annex 1A of the
Marrakesh Agreement establishing the World Trade Organization.][OP1 alt 2 Each party is encouraged to take measures, consistent with its regulatory frameworks andprocesses and based on scientific evidence to identify and regulate chemicals used in plastic products that
present a risk to human health or the environment above maximum permissible limit values, based on
criteria contained in annex X, without duplication of other multilateral environmental agreement
regulations.]
2.
[Where [production or use][the presence] of a [regulated [hazardous]] [plastic containing] chemical[s],[that may present a demonstrated risk of concern to human health or the environment] [or][[ group[s] of[hazardous] chemicals] [that may present a demonstrated risk of concern to human health or theenvironment] [or polymer] [plastic products] [listed in part II of annex A] [in plastics and plastic products]
is permitted,] each Party [, taking into consideration its socioeconomic context and national circumstances,] with[such] production or use [shall] [is encouraged to]:]]a.

[Each party is encouraged to] [Take appropriate measures to] [ensure that any such [production][manufacture] or use is carried out in a manner [that reduces the risk of] that] [prevents [and] [or][minimizes]] human exposure or [release] [leakages] into the environment [of chemicals or [polymers][plastic products] that present a risk or concern] [[throughout the [plastic product] life cycle [of the[[concerned hazardous] chemical, [that may present a demonstrated risk of concern to human healthor the environment] [[plastic] polymer] [plastic products] or] [plastics [and] [including] plastic] product[concerned]]]] and fosters the [safe and] environmentally sound management, [of such chemicals and
15

UNEP/PP/INC.5/4

polymers] [[including the recyclability [and disposal], of the [polymers], plastics, and plastic products
containing them]];b.

[[Take appropriate measures to ensure that all such [hazardous] chemicals, [that may present ademonstrated risk of concern to human health or the environment] [[groups of [hazardous] chemicals][that may present a demonstrated risk of concern to human health or the environment] [[and] [aswell as the plastic] [polymers],] [plastic products] and [plastics [and] [including] plastic] products
containing them, are used in a manner consistent with part II of annex A and] managed in a safe andenvironmentally sound manner throughout their life cycle, including for their [including for theirreusability, repairability, recyclability and] final disposal;]]c.

[[Require] [Encourage] producers, [exporter] and importers of such [unregulated] [hazardous]
chemicals, [that may present a demonstrated risk of concern to human health or the environment][groups of [hazardous] chemicals] [that may present a demonstrated risk of concern to human healthor the environment] [[as well as plastic] [and] polymers] [and] [plastics [including] [and] [plastic]
products] containing them to provide to government authorities, [in addition to the information required
under] [Part II.14 on transparency, tracking, monitoring and labelling], complete [harmonized]
information about the [hazards] [impacts] to human health or the environment associated with the relevant
chemical [group of chemicals [that may present a demonstrated risk of concern to human health or
the environment] and] [, [plastic] [polymer]] or [plastic [and] [including] [plastic] product] [containing
them], and related implications for their [safe] use, [reuse, repair, refurbishment,] recyclability anddisposal[, based on the harmonized requirements contained in part II of annex A]; and]d.

[Require producers, [exporters] and importers of the relevant chemicals [and group of chemicals ofconcern] [, [plastic] [polymers]] or [plastics [and] [including] [plastic] products] [containing them] to[appropriately] mark and label them [in accordance with provision 13 on transparency, tracking,monitoring and labelling] [based on the harmonized requirements contained in part II of annex A] [basedon guidelines adopted by governing body consistent to existing global standards], to allow their [safeand] environmentally sound use and handling [throughout their life cycle], [including their] [reusability,
repairability, recyclability and] final disposal.][d bis Take measures to prevent the presence of non-intentionally added substances, unreacted monomers
and unintentionally formed impurities in plastics and plastic products, listed in part 2 of annex A
subject to the provision of that annex.][OP2 alt Each Party is encouraged, according to national capacity, to take measures to ensure that any
use and waste management of plastic products that contain those chemicals refers in para 1, are carriedin a manner that prevent and minimize human exposure or release into the environment.][OP3 supra The Science, Technology and Economics Panels (STEPs) shall recommend to the Conferenceof the Parties by its first meeting, a list of the characteristics of hazardous, problematic, and avoidable
chemicals, polymers or plastic products. In preparing these recommendations, the STEPs shall consider
sound scientific, socioeconomic, and sociocultural assessments and the availability of safe, accessible,
efficient, economically feasible, environmentally friendly and sustainable substitutes, including those
based on the knowledge and practices of Indigenous Peoples and local communities.]
3.
[Each Party is encouraged to include in its reporting pursuant to [Part IV.3 on reporting on progress]
any measures it has taken [to restrict or prohibit] [to eliminate] [to not allow, or to restrict, [to prohibit or to
regulate] the use] [the presence] in [plastics][plastic polymers] and [plastics including ] [plastic products] of[unregulated] [hazardous] chemicals, [and group of chemicals] [groups of [hazardous] chemicals] [andpolymers] [not included in part II of annex A] that have [recognized or] [the] potential for adverse impacts onhuman health or the environment [throughout] [at any stage of the product life cycle], or to hinder the [safe and]environmentally sound management, [including recyclability and disposal, of the final product].][4.
Any new chemicals of concern identified under paragraph 1 above shall be prohibited under the relevant
chemical convention.][5.
The cost of [compliance of control measures] [implementation of the instrument] shall be assessed
for each country and funding shall be made available through the dedicated fund as per a procedure decided by
the governing body* to enable compliance of control measures.]

16

UNEP/PP/INC.5/4[OP5 bis The STEPs shall recommend to the governing body* at each session, chemicals, polymers, or
plastic products, their associated targets and timelines on the Annexes.]]

3.

[[Problematic [plastic products] [and avoidable] [Single-use] plastic products] [[andgroups of such products]], [[including] [short-lived] and single-use plastic products][[and [microplastics on their own and] [products containing] intentionally added]
microplastics]][in plastics and plastics products]] (proposed placement: move to II.5)[Option 0
No provision]a. [[Problematic [plastic products] and avoidable plastic products] [[and groups of such products],[[including] [short-lived] and single-use plastic products]]]
Option 0
No provision on this matter.
Option 1
1.
[[Each party should identify at the national level problematic plastic products] Subject to its
national action plan and based upon national circumstances and capabilities,] [taking into account common but
differentiated responsibilities and respective capabilities] Each Party [is encouraged ] to] [,consistent with
their regulatory frameworks and processes,] [to gradually reduce] [must [take the [necessary] measures to[identify] [regulate] and reduce and not allow]] [should][shall] [Parties are [is] encouraged to] [take] [thenecessary] measures [, consistent with national laws,]] [to regulate] [not allow][phase out or] [[to]gradually][reduce]] [, as appropriate,] [restrict] the [use [of problematic [and avoidable] plastic products, [andproduct groups] [it considers to be problematic and avoidable, which may include] [[including [short-lived
and] single-use plastic products] [and take measures to reduce their use] in its territory]] [consistent withnational laws and taking into account scientific information] [[[with high risk of environmental leakage]],[manufacture, use,] [production, sale, distribution, import or export of]] [problematic [and avoidable]] [the]plastic products [that disproportionately contribute to plastic pollution especially in the marine
environment or have properties that may hinder their safe and environmentally sound management
including their reusability, repairability, recyclability and disposability][, including [short-lived and] singleuse plastic products,] [with a high risk of environmental leakage, in its territory] [[listed in [part II[I] [III]of annex B]] [provisions of the Stockholm convention on Persistent Organic Pollutants on the decisions of
its Conference of the Parties]][and subject to the provisions of that annex] [[[after the dates specified for
those products,] and] identified [within their national jurisdictions] [taking into account of the availability
accessibility affordability and environmental impact of] [based on] [like products made of any alternative
materials, as well as socioeconomic effects of such measures] [relevant parameters] [science based] [criteria[based on safety, sustainability, essentiality and transparency] [and within the timeframe set out in thesame]][only if an assessment of requirements of resources for the obligation and a financial mechanism toprovide for meeting those obligations have been ensured] [[national criteria guided by] the criteria containedin part I of annex B] [[provisions of the Stockholm convention on Persistent Organic Pollutants on thedecisions of its Conference of the Parties]] [science-based criteria] [and listed at the national level] [with anapplication-based approach] [by the governing body* after enforcement of the instrument*] [[taking into
consideration technical feasibility and accessibility of alternative plastics and plastic products, and socioeconomic impacts]] [provided alternatives or substitutes are available, accessible, affordable, and environmentalfriendly [sustainable]] [, in particular to developing countries, taking into account their national circumstancesand capability] [[set out in part I of] [annex [B], [provisions of the Stockholm convention on Persistent
Organic Pollutants on the decisions of its Conference of the Parties] except where the Party has a registered
exemption for the relevant product(s) under part II of annex B pursuant to]] [Part II.4 on exemptions available
to a Party upon request].] [This provision does not limit Parties’ abilities to enact bans or adopt more ambitious
criteria in addition to the criteria in part I of annex B.] [provisions of the Stockholm convention on Persistent
Organic Pollutants on the decisions of its Conference of the Parties] [The measures taken to implement thisprovision[, including the appropriate nationally determined timeframes [for reduction and [as appropriate]]phase-out,] shall be reflected in the national plan communicated pursuant to [Part IV.1 on national plans]]].
[[OP1 bis Each Party shall reduce the production, sale, distribution, import or export of plastic products
listed in Part [III] of Annex B [provisions of the Stockholm convention on Persistent Organic Pollutants(POPs) on the decisions of its Conference of the Parties] subject to the provisions of that annex andimprove their design in accordance with article 5 of this instrument*.]]17

UNEP/PP/INC.5/4

OP1 alt 1 No text.
OP1 alt 2 [Each country is encouraged to consider its unique national circumstances and capabilities
taking into account factors such as climate conditions, environmental considerations and socioeconomic
conditions when implementing measures to regulate the production, sale and distribution of short-lived
and single-use plastic products by adopting tailored approaches based on individual circumstances Parties
can work together to reduce plastic waste and promote sustainable practices on a global scale.]
2.
[The governing body* [shall] [may] [develop guidance [to inform efforts by parties to reduce] [[on][compile national regulation on] the regulation of] problematic [and avoidable] plastic[s] [products] [taking
into account scientific information] [[based on scientific criteria] [,traditional knowledge, knowledge ofIndigenous Peoples, and local knowledge systems] and [take into account] the availability, accessibility andaffordability of sustainable alternatives.]] [to assist Parties in the implementation of paragraph 1. This
guidance may take into account and refer to any guidance and criteria developed under articles [5. Productdesign, composition and performance] and [6. Non-plastic substitutes].]][3.
[For implementation] the Parties [must promote the development of safe and cost-effective alternatives
and such knowledge and technologies must be shared freely among all the Parties.] [are encouraged to promote
the development of safe, environmentally sound and sustainable alternative plastics and plastic products
and non-plastic substitutes, in line with the waste hierarchy.]][4.
The cost of [compliance of control measures] implementation of the instrument*] shall be assessed
for each country and funding shall be made available through the dedicated fund as per a procedure decided by
the governing body* to enable [compliance of control measure].][Option 2
1.
Parties are encouraged to take measures to regulate the use of problematic and avoidable plastic
products with emphasis to plastic products with high risk of environmental leakages identified on the basisof guidelines adopted by the governing body* and take into account their availability, accessibility andaffordability of sustainable alternatives in particular to developing countries according to their national
circumstances and capabilities.][3bis Listing a product in Part II of Annex B [Problematic and avoidable plastic products] andPart III of Annex B [Problematic plastic products][1.
The governing body*, at its first meeting, shall adopt a process for listing products in part II of
Annex B [Problematic and avoidable plastic products] and part III of Annex B [Problematic plastic
products]. The process shall include: the submission of proposals to list a product; the assessment ofproposals using the criteria in part I of Annex B by an [Expert Committee], including any future
reassessment; and the consideration of any recommendations from the [Expert Committee] by thegoverning body*.][2.
When adopting a process under paragraph 1, the governing body* must ensure that the processprovides for the following:][3.
The [Expert Committee] shall develop guidance for consideration and adoption by the governing
body* on how a Party could apply the criteria in part I of Annex B if that Party wishes to implement
measures that are additional to those required under Article 3.

18a.

The [Expert Committee] shall, as necessary, consider whether any amendments to part I of annex
B are required based on best available science, traditional knowledge, knowledge of indigenous
peoples and local knowledge systems and accordingly make recommendations for the governing
Body*’s consideration and adoption. In particular, the [Expert Committee] shall consider the needfor the development of criteria in relation to likelihood of harm to human health.

b.

When applying the criteria in part I: annex B, the [Expert Committee] shall take into account thewaste hierarchy.

c.

When applying the criteria in part A of part I of annex B, the [Expert Committee] shall take into
account technical, social and economic feasibility and environmental and health implications.]]

UNEP/PP/INC.5/4

b. [Products containing] [Microplastics on their own and] Intentionally added microplastics [in plastics andplastic products] (proposed placement: merge 3a and 3b)
Option 0
No provision on this matter.
Option 1
1.
[Subject to its national action plan,] Each Party shall [not allow the production, use in manufacturing,
sale, distribution, import or export of [plastics and] [take the [national] necessary measures [to regulate the useof plastic products] to [manage, [where applicable] restrict and, where appropriate, not allow, the production,use in manufacturing, sale, distribution, [import or export] of]] [identify [plastics and] products containing
intentionally added microplastics, [in [accordance with the [scientifically developed] criteria] [based on theelements] [contained in part V of annex B], [except where an exception is specified in part IV of annex B]][,taking into consideration technical feasibility, availability and accessibility of alternative plastics and plastic
products, and socio-economic impacts] [with an application-based approach.] [Each Party shall be encouraged
to take any necessary measures to prevent the leak of unintentionally released microplastics into theenvironment.]][a) of microplastics on their own with the exception of preproduction of raw materials or][b) of products containing intentionally added microplastics][subject to the provision of annex B part VI, VII, and VIII.]OP1 alt 1 No text.
[OP1 alt 2 Each Party shall take measures, as appropriate and consistent with its national laws, to [reduce or
where feasible ban] [control] the use [or] manufacture [and sale] of products containing intentionally added
microplastics. [Such measures could include a Party taking actions to address their production, [use in]manufacturing, sale, distribution, import or export.]] [in implementing this obligation parties shall take into
account whether the intentionally added microplastics in the product fulfil an essential function and if sowhether a feasible substitute is available.][OP1 alt 3 Parties [are encouraged to] should take effective [national] measures to identify goods and productsthat contain intentionally added microplastics, [to develop scientific research to evaluate] [to establish the risks[assessment] of their ingestion and their pollution of the environment and adverse effects on the human body],
followed by a [science based replacement] phased reduction in their use when the risks have not been eliminatedand safer and more affordable alternatives are available, as well as to facilitate the transition to these alternatives
and accessibility of these alternatives.][2.
The measures taken to implement this provision shall be reflected in the national plan communicatedpursuant to［Part IV.1 on national plans].][3.
Each Party [within its respective regulations] shall share information on the measures taken pursuant toparagraph 1 through the online registry established under [Part IV.6 on information exchange] with the aim ofpromoting transparency.]
OP3 alt No text.
[4.
The cost of [compliance of control measures] [implementation of the instrument*] shall be assessed
for each country and funding shall be made available through the dedicated fund as per procedure decided by thegoverning body* to enable compliance of control measures.]Option 2
Merge with II.8 on unintentional releases of microplastics.

[3 bis alt. Micro- and [nanoplastics]] (proposed placement: move to Provision 8)[Option 0
No provision.]
19

UNEP/PP/INC.5/4[Option 1][[1.
Each party [is encouraged] [or Parties] [shall] [take effective measures] [shall endeavour] topromote research [, within its capacities and considering national circumstances] on [scale and scope] of[leakage of [intentionally added] micro and [nanoplastics]] [micro plastic pollution] across the [entire]
lifecycle of [plastics] [plastic products] and their impacts on all ecosystems, [biodiversity, food chains] andhuman health. ][2.
Each party [shall take measures] [shall endeavour] [to promote transparency] and reduce[[emissions] of both intentionally added microplastic ingredients [and all forms of] [and unintentional]
releases] of microplastics] [microplastic pollution]].
[OP2 bis. Each party shall take necessary measures to minimize current and future health andenvironmental impacts of micro- and nanoplastics guided by science.][3.
Parties [shall] [are encouraged to based on national circumstances [to promote nationalorganizational arrangements for establishment of national centres] and capabilities] establish [regional
centres] [national centres] of excellence to monitor and report on leakage [and dispersal] of microplastics
in land, water, air and in [living organisms] [biota].][4.
The dedicated fund established under this treaty shall provide resources to establish
infrastructure[,] to promote research on [micro and [nanoplastics]] [microplastic pollution].] (proposed
placement: to be moved to Part III)

4.

[Exemptions available to a Party upon request]
Option 0
No provision on this matter.
Option 1
1.
Any Party may register, in accordance with the provisions of [Part II.1, Part II.2] and [part II.3 [onproblematic and avoidable plastic products, including short-lived and single-use plastic products andintentionally added microplastics, Option 1]] an exemption9 from the phase-out dates listed in part II in annex
B for specific products, hereafter referred to as an “exemption”, in accordance with the procedure [set out in …].
OP1 bis The register of any exemptions and any extensions to an exemption shall include the name of the Party
to which the exemption applies and the period of the exemption. The register shall be kept updated by [thegoverning body*] and shall be publicly available.
2.
[All exemptions referred to in paragraph 1 shall expire [5] years after the relevant phase-out dates listed
in part II of annex [A and] B, unless a Party, when registering an exemption, indicated a shorter expiration period,in which case the expiration date indicated by the Party shall apply.]
3.
[[With the proper justification and necessary action plan for exempted period from the Parties, the] [The]governing body* may decide to extend an exemption for a period requested by the Party but not exceeding [X]years, in accordance with the procedure [set out in …].10 [The country that would apply for the exemption may
need to submit its justification along with the action plan for that specific period.] An exemption may only be
extended [2] times per entry per phase-out date.] [In the case of non-compliance by any Party after the [second]
exemption, the concerned Party shall be subjected to an assessment in accordance with the procedure set out in[…]]. – non-compliance mechanism to be further developed.]
4.
[No Party may have an exemption in effect at any time after [3] years after the phase-out date for aplastic product listed in part II of annex B.]

9 Note: This proposed text is based on the experience of other multilateral environmental agreements. Members
may wish to consider other alternatives as deemed necessary. Adapted from the Minamata Convention, as apossible complement to the control measures on problematic and avoidable plastic products. The specificconditions, timeframes and other details required for the registration of exemptions would need to be elaborated
on by members.
10 Note: The committee may wish to define where and how such procedure would be set out.
20

UNEP/PP/INC.5/4

OP4 bis 1 Small island developing States, and other States that are dependent on imported polymers or plastic
products, may register extensions to exemptions without approval of the governing body*, until such a time as
there are sufficient polymer and plastic product supplies available to the Party at costs equal to then current
levels.
OP4 bis 2 Clear procedures on granting of exemptions and the implications on non-compliance must be further
discussed and clearly outlined under this provision. The exemption may be granted by the governing body*. The
procedures as well as decision made by the governing body* through a verification and validation body (VVB)
must be transparent, unbiased, and backed by scientific evidence, taking into account a country’s unique
circumstances.

[4bis. Dedicated programmes of work][Option 0
No provision][Option 1]
1.
[Dedicated programmes of work [by the governing body*] [are hereby] [shall be] established to support
the implementation of the instrument* for the [following] sectors [to be decided by the governing body at its
first session, based on the needs to evaluate current and projected releases of plastics and plastic waste[and to evaluate the efficacy of the measures of the parties relating to their management of such releases],
while taking into account socio-economic impacts] [and/or product groups]:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

[[Packaging;][Fisheries and aquaculture;][Agriculture;][Textiles;]][Top plastic transporting rivers into the marine environment;]][Transport;][Electric and] [Electronic products;][Building and] [construction;][Cigarette filters and other tobacco related products;][Legacy plastic waste;][Conduct targeted assessment of high impact sectors and highly impacted areas].

2.
[The governing body* shall, at its first session, adopt the arrangements and terms of reference [including
membership and representation criteria] for the operation of the dedicated programmes of work, and review
them periodically thereafter. The dedicated programmes of work shall:a.

[Based on the outcomes of the targeted assessments] Prepare recommendations to the governing
body* for its consideration, on inter alia [targets], criteria, measures and guidelines, to support
implementation and to further develop the relevant provisions in the instrument*;b.

Cooperate and coordinate with intergovernmental organizations and entities, as appropriate, andengage with relevant stakeholders through a multistakeholder action agenda;c.

Report regularly to the governing body* on all aspects of its work.]

3.
[The governing body* shall review on a regular basis the implementation and effectiveness of dedicatedprogrammes of work and, based on such review, take relevant action.]
4.
[The governing body* [shall] [may adopt] [initiate] additional dedicated programmes of work, as
appropriate, to support implementation of the instrument*.]
Option 2[1.
Parties are encouraged to, according to their national circumstances and capabilities, assess which
sectors most contribute to plastic pollution in their national jurisdictions and establish related dedicatedprograms of work to support the implementation of this instrument*.]

21

UNEP/PP/INC.5/4

5.

Product design, [composition] and performancea. [Product [design and] performance]
Option 0
No text.
Option 1
1.
[Subject to their national plan and based upon national circumstances and capabilities] [and available
scientific results,] each Party [shall][is encouraged to] take [the necessary][effective] measures [as appropriate,
and in accordance to national priorities,][, including those referred to in paragraphs 2 and 3,] to [improve and][promote product [performance] [design] to] enhance the [design] [[circularity][and improve the composition]of [plastic] products, including [marking of the][the] packaging] [[in order to promote product performanceand enhance][circularity], and improve the composition[of plastics and] [plastic] products, [according tonational capacity of developing countries and available resources]] with a view to:[a.

[Reducing [[demand] for [and[the] use] of [primary plastic polymers, [plastics and] plastic products][of plastics across the value chain, including in product packaging] [and associated chemicals][listed
in annex A][[ and should always be followed by the availability of alternative material for plastic
and/or non-plastic substitutes that are affordable [accessible]] [Improving the [circular
economy][circularity] of plastic products and minimizing releases of plastic waste, including
microplastic]];[b.

[Increasing [the [safety,][sustainability, circularity of [plastic and] plastic products, guided by thewaste hierarchy, including where relevant,]] [with respect to [chemicals] and [groups ofchemicals of concern] [referred to in part II.2 and related annex A,] [adopted by the governing
body* by consensus]] durability, reusability, refillability, repairability [in practice], [repurposability],[recyclability]and refurbishability [if applicable] of [plastics and] plastic products, as relevant][, and[improving] their capacity [of [plastics and] plastic products] to be [reused], repurposed, recycled[recovered] [at scale and [in practice]] and disposed of in a safe and environmentally sound manner
upon becoming waste;][b. bis Increasing as relevant for the application the durability, reusability, refillability, repairability,[repurposability], [recyclability] and refurbishability of [plastics and] plastic products [inpractice and at scale], and disposed of in a safe and environmentally sound manner upon
becoming waste;]][c.

Minimizing [unintentional] [releases] [leakage] and [emissions][of microplastics][leakages] [from][and [releases and emissions of chemicals from] environmental and safety impacts from] [plastics
and] plastic products, [following the guidelines [set out in Annex C][adopted by the governing
body*] [by consensus]][ including [relevant sector- and product specific standards and guideline][[[intentionally added] [of] microplastics] [considering technical [and socio-economic] feasibility andaccessibility of [potential microplastic] alternatives and socio-economic impacts];]]][c. bis Taking into account the cost and quality of recycled plastic products][c. ter Taking into account the relevant international standards and guidelines, including [any] relevant sectoror product-specific standards and guidelines, [as specified in annex C] [[adopted][confirmed] by
the governing body* by consensus] [and assure compliance with sectoral requirements]. [Themeasures adopted pursuant to this provision may be reflected in the national plan communicated].]][OP1 bis For the purpose of paragraph 1 Parties may take into account the relevant international
standards and guidelines including any relevant sector- or product-specific guidelines.]
Sub-Option 1
2.
Each Party shall require [plastics and] plastic products produced within its territory and those available
on its market to [comply with [the] [minimum] [sustainable] design [and performance] [requirements][criteria] [aimed at increasing the recyclability, durability, reuseability, refillability, repairability andrefurbishability if applicable depending on product characteristics, application and functionality] [for22

UNEP/PP/INC.5/4

specific product or sector categories containing plastics] [and other related elements] contained in part I of
annex C]], [take into account the guidelines established by the governing body* [by consensus]] [[including,where relevant,][which could be based on] sector- or product-specific [criteria and elements,] [standards andguidelines] [within the timeframe defined in that annex.]] [The minimum design [and performance]
requirements] [[The criteria] should [build upon the provisions in paragraph 1 of this article] [beharmonized distinguishing between design for reduction, reuse, recycling of plastic products and packaging.]]
3.
[[For this purpose] [Each Party] [The governing body*] shall establish and maintain [relevant]certification procedures and labelling requirements for [plastics and] plastic products [[produced within its
territory and those available on its market,] based on [recommendations from the STEPs, and] the [sustainable]
design and performance [criteria] [requirements] and other related elements contained in part I of annex C,
including, where relevant, sector- or product-specific [criteria] [requirements] and elements, and shall require
plastics and plastic products to be appropriately labelled in accordance with these criteria and elements.]][Sub-Option 2
2.
[Each Party [is encouraged to] [should] [[shall] adopt [voluntary] [sustainable product] design andperformance criteria and [regulatory schemes]] [take [the] [any] necessary measures] [to] [is encouraged to takemeasures as appropriate, and in accordance with national priorities, to enhance the design of plastic products,
including packaging, and improve the composition of plastic products, [with a view to]] :a.

[in accordance with the elements contained in part I of annex C,] and taking into account relevantinternational standards and guidelines, including any relevant sector- or product-specific standards
and guidelines[, and assuring compliance with sectoral requirements]. The measures adopted pursuant
to this provision shall be reflected in the national plan communicated pursuant to [Part IV.1 onnational plans]. [[The criteria should be harmonized distinguishing between [sustainable products]
design [and performance] for [reduction,] reuse, recycling of plastic products and packaging]].

[OP2 alt Each Party shall consider including the following actions as part of its measures laid out in paragraph1:]a.

[Adopting public procurement policies or guidelines for plastic products to enhance circularity ofplastic products;]b.

[Promoting the use of environmental performance standards for plastic products;]c.

[Supporting efforts to establish or augment voluntary certification schemes for environmentally
preferable products or packaging to encourage sustainable choices;]d.

[Parties should take into account relevant international standards and guidelines, including any
relevant sector- or product-specific standards and guidelines.][3.
Each Party should establish, [in accordance with the elements contained in part I of annex C], [to theextent possible], [transparency,] labelling and certification procedures and requirements for [plastics and] plastic
products that conform to the [design and performance [criteria]] [measures] [requirements] establishedpursuant to paragraph 1[, taking into account Confidential Business Information (CBI)].]
OP3 alt No text.]
Provision common for Sub-Options 1 and 2 above
4.
Parties [are encouraged to][[shall] work] [cooperate] [with relevant [national, and] internationalorganizations] towards the development of standards and guidelines [at the multilateral level], including on a[sectoral basis as relevant,] to support the implementation [and assure compliance with] [of] paragraph 1of this article as well as with sectoral requirements] [to [implement paragraphs 1-3] [[reduce the use ofplastics in products across the value chain, including in product packaging, and][optimize and] improve thedesign of plastic products to increase their [safety,] durability, reusability, [refillability,] [and] repairability[recyclability [in practice]] [and refurbishability,] [if applicable, depending on product characteristics,
application and functionality] [and] their capacity to be [reused], repurposed, recycled and disposed of in [asafe and] environmentally sound manner upon becoming waste[; and minimize the environmental and safety
impacts of [plastics and] plastic products] [and plastic waste][, and assure compliance with sectoral
requirements].]]23

UNEP/PP/INC.5/4[Option 2
1.
Subject to its national plan and based upon national circumstances and capabilities, each Party shall takemeasures, including those referred to in paragraphs 2 and 3, to enhance the design of plastic products, including
packaging, and improve the composition of [plastics and] plastic products.
2.
Subject to its national plan and based upon national circumstances and capabilities, each Party shouldtake measures to: increase the safety, durability, reusability, refillability, repairability and refurbishability andrecyclability [if applicable] of [plastics and] plastic products [depending on product characteristics,
application and functionality][, as relevant, taking into account relevant international standards, including any
relevant sector- or product-specific standards and guidelines.] The measures adopted pursuant to this provision
shall be reflected in the national action plan communicated pursuant to [Part IV.1 on national plans].
[OP2 bis For the purposes of paragraphs 1 and 2, Parties may take into account the relevant international
standards and guidelines, including any relevant sector- or product specific standards and guidelines.]
3.
[Subject to its national plan and based upon national circumstances and capabilities, each Party shouldtake measures for [plastics and] plastic products that conform to paragraph 1.][4.
There shall be an assessment of the need as well as mobilization of financial resources and technology
transfer for each country in order to nationally driven commitments under this provision.]]b. [[Reduce,] [reuse], [and] [recycling,] refill and repair [repurposing and refurbishment] of [plastics and]][Circularity approaches for] plastic products
1.
[Subject to its national plan and based upon national circumstances and capabilities,] Each Party [isencouraged] [shall][, based on guidance to be adopted by the governing body* [at its first session] [at the latest
by its [first][second][third] session,]] , take [effective] [and environmentally beneficial] measures [as deemed
appropriate][, covering the distribution, sales, and consumption stages] to [promote][[ensure] [enable] [actively
foster] the [reduction] [in volume of plastic use] [in the use] [of [plastics and] plastic products through as
relevant],] reuse ,[and] [recycling,] refill, repair, repurposing and refurbishment [circularity approaches], as
relevant, of [plastics and] plastic products [produced [or used] within its territory and those available on its
market, [in particular] [including] through the [implementation [and scaling of incentivised] [of] reuse [and][systems including return and], [recycling,] [refill [models as well as] [and] repair [ and bulk sale]]systems]]] [enhancement of recycling infrastructure] [[, [according to] [taking into account] national
circumstances and [capacities][capabilities]; as well as access to [available, accessible and affordable]technologies and availability of financial resources from developing countries]. [The governing body* shallissue harmonized standards for product reuse, recycling, repair and refurbishment.] [based on guidance to be
adopted by the governing body* [by consensus].]]2.
Each Party shall [take] [by taking] the necessary measures][[, including those referred to in paragraph1,][, covering the distribution, sales, and consumption stages,] [to achieve the minimum [sector-specific][recycling targets, and, as appropriate,] [reduction,] reuse, refill and repair [targets contained in part II of annex
C within the timeframe identified in that annex,]] for [ plastics and] plastic products produced [or used] within
its territory and those available on its market. [This should be based, where relevant, on a sectoral approach[specified in annex C].][OP2 alt [Each Party [is encouraged to consider] [should] [shall] [, as appropriate,]] [Parties are encouragedto] [adopt] [use] [nationally determined] [timebound] [targets in] [the implementation] [support] of [paragraph
1] [this [objective][article]] [, reflecting national circumstances and capabilities.]][3.
The measures taken to implement [the] [this] provision[s of this article] [may include the use of[regulatory and economic] instruments, [public procurement], [the establishment of extended producer
responsibility schemes, as set out in part [2.]VII], [or] [incentivizing] [promoting] [changes in the supply chain][[by investing in] reuse, recycling, refill and repair system and infrastructure], [and in [promotion ofsustainable] consumer behaviour [through raising consumer awareness on sustainable consumption] and[shall][may] be reflected in the national plan communicated [pursuant to [Part IV.1 on national [action]
plan[s]]]].]
4.
[There shall be an assessment of the need as well as mobilization of financial resources and technology
transfer for each country in order to nationally driven commitments under this provision.]

24

UNEP/PP/INC.5/4

5.
Parties are encouraged to [work with relevant [national and] international organizations at themultilateral level] [cooperate] towards the development [and implementation] of standards[, definitions,
metrics] and guidelines for reuse and refill systems [with the view to harmonizing and scaling reuse solutionsin prioritised sectors].
c. Use of recycled plastic contents
1.
[Subject to its national plan and based upon national circumstances and capabilities,][E][e]ach Party [asper its national action plan][should] [shall] [take [nationally determined] [the necessary] [measures] [toencourage the use of recycled plastics in appropriate plastic products] [for [appropriate] plastics and] [isencouraged to] [promote that] [require plastics and] plastic products produced within its territory and thoseavailable on its market][to increase the share of secondary plastic that is used in plastic products][[to] [[achieve][contain][to the extent possible and practicable] [minimum percentages]] [and to adopt time-bound targets]][[to promote recycling and to adopt time-bound targets on the use] of safe and [environmentally sound][[post-consumer] recycled plastic] [contents] [materials from secondary resources], [as appropriate taking
into account national circumstances and capabilities.] [when it is technologically feasible [and economically
viable] and] [based on the elements contained in] [as set out in] [part III of annex C][, within the timeframe
specified in that annex]. [The measures taken to implement this provision [shall][may] be reflected in thenational plan communicated pursuant to [Part IV.1 on national plans]] [consistent with national laws on [postconsumer] recycled plastic contents.][Note: The targets for minimum recycled plastic content in specific applications and product categories, tocreate the right enabling conditions for the sectors to meet this target, especially for food-related applications.
Bearing in mind that all [elements contained in part III of annex C] should assist each Party to be able to setup
its own requirements or targets of recyclable plastic contents in its certain prioritized products.][2.
There shall be an assessment of the need as well as mobilization of financial resources and technology
transfer for each country in order to nationally driven commitments under this provision.][3.
The governing body* shall provide a [timeframe] [timebound targets] in the annex towards
transitioning all plastics in the market to be recyclable and this may entail gradual, incremental minimum
percentage of safe and environmentally sound [post-consumer] recycled. [Standards for recycled plastics should
be harmonized globally.]][4.
Each Party [shall][should][based on national circumstances is encouraged to] take [the necessary]measures [to [ensure] [promote] [to enhance where feasible] that, where [needed] [possible], [primary plastic][[plastics used] in products] [plastic products] [is [replaced][complemented] by] [contain materials fromsecondary sources which shall be] safe[,] [and][,] environmentally sound[, affordable, accessible andavailable] recycled plastic content[, as applicable] [taking into account national circumstances andcapabilities] [as well as requirements for specific plastic products, categories, their application andfunctionality][, depending on the availability of technological solutions and means of implementation fordeveloping countries]][, as appropriate to promote design, composition and performance of products that enablemaximum recycled plastic content in the broadest number of applications possible in order to replace primary
plastic in products, while addressing any safety concerns related to the recycled plastic content]. The measurestaken to implement [this][the] provision[s of this article] may include the use of [regulatory [and economic]
instruments][, public procurement, [certification schemes, international cooperation on harmonized bestpractices][the establishment of extended producer responsibility schemes, as set out in part [II.]7] orincentivizing [changes in the supply chain] [the development of reduce, recycle, refill and repair systems
and infrastructure] [by investing in recycling system and infrastructure,]] and in [promotion of sustainable]
consumer behaviour[[, among other measures,] [through raising consumer awareness on sustainableconsumption. [The measures taken to implement this provision] [and] shall] [may] be reflected in the national
plan communicated] [pursuant to [Part IV.1 on national plans]] [, according to national circumstances]].][OP4 alt Each Party should take nationally determined measures to encourage the use of recycled plastic
in appropriate plastic products produced within its territory and those available on its market to promote
safe and environmentally sound post-consumer recycled plastic contents, when it is technologicallyfeasible and economic viable.]d. [Alternative plastics and plastic products][Option 0
No text.]
25

UNEP/PP/INC.5/4[Option 1[1.
[[Parties] [Each Party] [shall] [should] [endeavour to] ensure that [‘]alternative plastics and plastic
products[’] [which include bio-based, biodegradable and compostable plastics] are safe[r], environmentallysound and sustainable, [based on life cycle assessments,] [in accordance with standards to be decided by thegoverning body*, based on recommendations from the STEPs] [compared to the plastic product] taking into
account [including] their [negative] potential for [waste reduction and reuse, as well as any] environmental,[climate,] economic, social[, cultural] and human health impacts[, including food [and water] security] [inaccordance with criteria [set out in part IV of Annex C] [adopted by the governing body* that encompass safety,
environmental soundness, and sustainability]] [, based on the minimum design and performance criteria andother related elements contained in part I of Annex C, including distinct sustainability criteria for: (i) bio-based
plastics, (ii) biodegradable plastics and (iii) compostable plastics, built on a full life cycle analysis] [as well as
the national circumstances and capacities].]2.
The criteria that will be established should also take into consideration avoidance of undesirable
substitution and problem-shifting.
[3.
[Subject to their national plan and based upon national circumstances and capabilities,] Parties should
encourage the development and use of safe[, environmentally sound] and sustainable alternative plastics andplastic products [such as biobased plastics, biodegradable plastics and compostable plastics taking into
account their potential for environment economic social and human health impact including foodsecurity] [[, including through][. The measures [and incentives] taken to implement this provision may include
the use of] regulatory [measures] and economic instrument[s]] [, as per national regulation].][4.
Parties shall [be guided by the waste hierarchy and] ensure [that [reduction [in volume of plastic use]in the use] of [[all] plastics] and] prevention of plastic waste, [[including from non-fossil feedstocks,] will
prevail] when considering the development and use of [alternative plastics and] plastic products.][5.
There shall be an assessment of the need as well as [mobilization of financial resources], capacity
building and technology transfer for each country for innovation and for their nationally driven commitments
under this provision.][6.
The measures taken to implement this provision shall be reflected in the national plan communicatedpursuant to [Part IV.1 on national plans].][7.
Each Party shall take the necessary measures to ensure that environmental claims on (i) bio-based, (ii)biodegradable and (iii) compostable plastics are substantiated. [Those measures may include labelling
requirements, as set out in [Part II.13], to comply with.]][8.
Parties are encouraged to work with relevant international organizations towards the development ofstandards and [guidelines at the multilateral level] to ensure that (i) bio-based, (ii) biodegradable and (iii)compostable plastics are safe, environmentally sound and sustainable.][OP8 bis Based upon national circumstances and capabilities, parties should promote safe,
environmentally sound and sustainable alternatives to [plastics and] plastic products, such as (i) bio-based
plastics, (ii) biodegradable plastics and (iii) compostable plastics, taking into account their potential forenvironmental, economic, social and human health impacts, including food security.]][Option 2
Merge with II.6 (“Non-plastic substitutes”).]

6.

Non-plastic substitutes
Option 0
No provision on this matter.
Option 1
1.
[Subject to its national plan and based upon national circumstances and capabilities, each] [[Each] Party
shall] [Parties should] take measures to foster [research and] innovation[, including through the cooperation

26

UNEP/PP/INC.5/4

mechanism referred to in [Part III. ...]] [and incentivize and promote [the research,] [to assess] the development
and use at scale of] safe[, environmentally sound,] and sustainable non-plastic substitutes, including products,
technologies and services, taking into account their potential for [waste reduction and reuse, as well as]
environmental, economic, social[, cultural] and human health impacts [across their lifecycle][, including foodand water security, and land loss] [, based on life cycle assessments] [waste hierarchy] [and considering possible
unintended consequences and trade-offs] [as well as the developing countries’ access to the transfer of necessary
technologies and financial resources].
2.
Parties [are encouraged] [shall ensure] to use regulatory and economic instruments, public procurement
and incentives11 to promote the development and use of safe, environmentally sound and sustainable nonplastic substitutes, products, technologies and services[, taking into account national circumstances andcapacities].
3.
The financial mechanism established by the governing body* shall ensure technology transfer todeveloping country Parties, in order to facilitate adoption and use of at scale safe, environmentally sound, andsustainable non plastic polymers.
4.
This provision would entail the adoption of a holistic set of criteria encompassing safety, environmental
viability, and sustainability for non-plastic substitutes. Such criteria would incorporate a comprehensive life
cycle assessment, ensuring a thorough evaluation of the environmental impact across the entire product life
cycle.
5.
The measures taken to implement this provision shall be reflected in the national plan communicatedpursuant to [Part IV.1 on national plans].
6.
Parties are encouraged to use the best available science, traditional knowledge, knowledge of Indigenous
peoples and local knowledge systems [in the development of safe, environmentally sound, and sustainable nonplastic substitutes].
7.
Parties are encouraged to establish a process for the assessment of the safety and sustainability ofpotential substitutes to plastics and their suitability as substitutes, considering their potential impacts on humanhealth and the environment, the waste hierarchy, and “reduce, reuse and recycle” approaches.
8.
Each Party shall promote efforts to establish or augment voluntary certification schemes for sustainableproducts or packaging to encourage sustainable substitutes, with better overall impacts in areas listed inparagraph 1.
Option 2
Merge into Part II.5: Product design, composition, and performance.

7.

[[Extended] producer responsibility]
Option 0[No provision on this matter.]
Option 1[Introduction][1 Alt. Parties [shall] [may] [encourage] [and support] ensure that [all plastic producers operating in theirjurisdiction are part of mandatory] [voluntary] [Extended] Producer Responsibility ([E]PR) [schemes][systems] and multinational corporations who introduce plastic products especially in developing countries[through franchise, subsidiaries, agents or any other arrangements, shall minimize their plastic pollution
footprint through [E]PR schemes.]]1.
[[Each Party] [Parties] [shall] [should] [encourage] [and support] [ensure that producers [would
enhance the quality of their products to pave the way for more efficient recyclability and to avoid
generating waste] [are responsible for their products after becoming waste and] [who does not yet have its
11 Such instruments could include, for example, fees, reduced tariffs, taxes or subsidies, including repurposed
subsidies, as appropriate.
27

UNEP/PP/INC.5/4[E]PR system/scheme] [could consider incentive measures to achieve such an objective] [shall][isencouraged] [and assisted] [to consider to][establish][, regulate,] [implement] [and operate][, as appropriate][within its jurisdiction] [and shall not extend to international supply chains,] [as per its national plan andbased upon] [take measures to facilitate the development of] a[n] [mandatory] [where possible or][voluntary] [national] [fiscal and/or [non-fiscal]] [extended] producer responsibility ([E]PR) [system][scheme][for these products] [or any systems or mechanisms serving the same purpose] [and objectives] [mostappropriate to a specific region or country,] [and available][, affordable and accessible] [technologies][including based on the modalities] [guidelines for their design and implementation] [covering the products][including eco-modulation] contained in annex D] [with flexibility in the scope of the application] [including,where relevant, on a sectoral [or product] basis,] [as part of an environmentally sound system] [one of theelements of waste management] [taking into account] [their national circumstances and capabilities][according to its specific conditions] …][Objectives][… to [cover the organization or financing of] [contribute to] [collection, transport, sorting [or] [and]environmental sound] [ management] [treatment of] [plastic] [waste] [within the national jurisdictions]and where appropriate clean-up of littering] [incentivize] [promote] [plastic] [waste] [prevention][reduction] [reuse] [and reduction] [the design] [plastic reduction], [through a] [sustainable and circular
design] [increased] [reuse,] increased recyclability, promote [high quality recycling and] higher recycling rates,[enhance the accountability of producers] [and importers] [as well as other relevant stakeholders
throughout the whole supply chain] [and importers for safe and environmentally sound management, ofplastics and plastic products throughout their life cycle] [assure] [just transition with special considerationof waste pickers,] and [increasing public awareness] [on waste prevention and collection] [enhance [theaccountability] [extended] [responsibility] of producers and importers for safe and environmentally soundmanagement, of plastics [and for littering,] and plastic products [throughout their life cycle] [and acrossinternational supply chains] [promoting [plastic reuse,] increased recyclability, and higher recycling rates for[[plastics and] plastic products]].
[1 bis Parties shall] [encourage] [and support] [cooperate regionally and at global level [in implementationof [extended] producer responsibility schemes] to address plastic waste leakage into marine ecosystems
caused by [extreme weather events] [disasters] such as flooding.][1 ter Parties [shall] [are encouraged] institutionalize extended producer responsibility mechanism as apractical approach to [upstream measures] and for the development of environment friendly products
and advocate on sustainable] that advocate for international standards on sustainable production andconsumption and circular economy [approaches] [throughout the full life cycle of their product].][Implementation]
2.1[Parties shall, in implementing this provision, take into account how the measures taken would
contribute to a just transition] [bearing in mind] [the needs and requirements of] affected populations][including waste pickers and other workers in informal and cooperative settings] [with special
consideration] of] [and incentives to] [fair and adequate compensation [and][,] formalisation [andintegration] of the] waste pickers [into waste management systems including issuance of personal
protective equipment] and other workers in informal and cooperative settings].
2.2[Each party] [Parties should] [shall] ensure that extended producer responsibility schemes takeaccount of the [guidelines developed by the governing body*.] [elements in annex D and cover the sectors
and product groups referred to in 4bis Dedicated programmes of work.] [The governing body* [shall][may][, at its first session,] [adopt] [develop] [implementable] [modalities] [guidance] [guidelines] [asoutlined in Annex D] [to inform the establishment] [for design and implementation] of national extended
producer responsibility [systems][schemes] [or any systems or mechanisms that serve the same purpose asextended producer responsibility systems,] and [identify][define] their essential features, and to [encourage][support] their [alignment] [harmonization], taking into account [how the measures taken would contributeto][how extended producer responsibility systems can support] [the objective of] [the instrument*] [ensuring]a just transition.] [with special consideration of waste pickers and other workers in informal andcooperative settings.] [These guidelines are of recommendatory nature.][2.2 bis In implementing the provisions of this article, parties [may wish to consider] [shall take into
account] relevant guidance and guidelines in other [international agreements] [multilateralenvironmental agreements] [which the parties find themselves amenable to] including those developed
28

UNEP/PP/INC.5/4

under the Basel Convention on the control of transboundary movements of hazardous waste and theirdisposal] [taking into account national circumstances and domestic laws and regulations].
2.3[Parties shall ensure that extended producer responsibility [schemes] [systems] have efficient andeffective traceability and accountability mechanisms] [in accordance with national circumstances,capabilities, laws and standards]. [Extended producer responsibility money should not be diverted toactivities other than waste management.][2.3 alt Parties may wish to consider measures to ensure effective implementation of the extended
producer responsibility schemes at the national level taking into account their legal system.]
2.4[The measures taken to implement this provision [shall] [might] be reflected in the national plan [if theparty wishes to do so] communicated pursuant to [Part IV.1 on national plans].] [which also allows forperiodic review and expansion of coverage of extended producer responsibility.]
2.5.
[Parties may consider cooperating at regional and global level, in the implementation of extended
producer responsibility schemes.]]
2.5 bis [Producers [shall] [are encouraged to] report on extended producer responsibility implementation
to [local] regulatory authorities [on a voluntary basis] based on an agreed template to generate data on
progress in addressing plastic pollution.]

8.

Emissions and releases of plastic throughout its life cycle
Alt title: [Emissions and] [Leakage and] releases of plastic [to the environment] [products
and products waste] [waste and microplastics] [throughout [the entire] [its] life cycle [ofplastics]]
Option 1
1.
[Each Party] [Parties][, subject to its national plan and based upon national circumstances andcapabilities and relevant national environmental regulations,] [, based on ][initial studies], [vulnerability studies][and assessment of levels of contamination of [marine, terrestrial and aquatic] [ecosystems,] [environments][shall][are encouraged] [should] [take [necessary] [effective] measures to] [regulate] [prevent] [or reduce,][with a view toward elimination] and [where feasible] [eliminate] [minimise plastic waste leakages] [theemissions] and] [to protect human health and the environment] [control] [releases of monomers, polymers,
chemicals and group of chemicals, with a priority for the ones listed into Annex A] [that are veritable andmore than significant as per national scientific standards] [plastic polymers,] [chemical pollutants] [plastics,
including microplastics, [nanoplastics] and plastic products] [across their life cycle], [including from extraction
and production,] [to the environment.] [in all environmental compartments including the terrestrial,
freshwater, marine environment and air] [from [the] [from various] sources [that should be nationallydetermined] [identified in [part I of] annex E][, with assessment of trends of the emissions and releases, [inaccordance with Part IV.4 on periodic assessment and monitoring of the progress of implementation ofthis instrument*] taking into consideration technical feasibility and accessibility [and environmental
friendliness] of alternative plastics [across their life cycle] and plastic products, and socio-economic impacts][according to the national circumstances and capacities of developing countries] [by the dates identified therein]].
[The [emissions and releases] [leakage of plastic waste] covered under this provision should include:a.

[Emissions] [Releases] [of any plastic pollution] [of hazardous substances], including microplastics,
to air [and in workplaces throughout the value chain of plastics] [that are veritable and more thansignificant as per national scientific standards];[b.

Releases to soil and water from the production, transportation and use of chemicals [and polymers] ofconcern, plastics and plastic products [listed in part II of annex A]; and] [that are veritable and morethan significant as per national scientific standards][b. bis Spills of chemicals and other toxic exposures during extraction and production of plastics, as well as
during production of chemicals used in plastics;][b. ter Minimization of microplastics generation and the generation of hazardous chemicals during the use
and waste phases.]b. alt merge b and c.
29

UNEP/PP/INC.5/4[[b][c]. Releases of [chemicals and [monomers and] polymers of concern,] [of any plastic pollution] [plastics
and plastic products] [listed in part II of annex A], including microplastics, [and nanoplastics] to air,soil, and water, [including the marine environment] and ecosystems.]]
OP1 bis Parties are encouraged to organize appropriate systems of environmental regulation and to establish
systems of control over permissible environmental impact where they do not exist.
OP1 ter Each Party should endeavour to adopt, as appropriate, and maintain national laws, regulations, or
policies to address, within its national jurisdiction, adverse impacts on the environment or potential risks tohuman health linked to or caused by plastic pollution, taking into consideration any disproportionate impacts on
persons in vulnerable situations. Each Party should endeavour to implement and enforce the national laws,
regulations, or policies it adopts or maintains in accordance with this provision.
OP1 alt Each Party shall prevent and control the emissions and releases of plastic waste, and microplastics tothe environment from the sources identified in annex E. The emissions and releases covered under this provision
should include:
a.
b.
c.

Emissions and releases of microplastics during production of plastics and recycling of plastic waste
to air and water;
Leakages of waste plastic products to land and waterbody; andReleases of microplastics during use of products containing intentionally added microplastics towater.

2.
Each Party [subject to its national plan and based upon national circumstances and capabilities andrelevant national environmental regulations,] [shall] [take [effective] [any necessary] measures to]] [isencouraged to] prevent [regulate] [or] [and] [reduce, with a view toward elimination] [and where [possible][feasible],] [and eliminate] [emissions and] releases of [plastic pellets, flakes and powder] [plastic pollution][from the full supply chain, including] [from] production, storage, handling and transport, taking into account,
as appropriate, [the] relevant [provisions and guidance agreed in] [efforts undertaken within] the framework ofinternational organizations such as the International Maritime Organization.
OP2 alt 1 No text.
OP 2 alt 2 Move text to annex B.
OP2 bis In relation to the provision in Part II.8.2 and the reference to the International Maritime Organizationand hence reference to the MARPOL Convention, due consideration should be given to provisions as set out
within other agreements such as the Cartagena, London, and OSPAR Conventions.
[OP2 ter Each party shall, consistent with its national laws, take measures to control emissions andreleases of hazardous pollutants from plastic production facilities]3.
The measures taken to implement the provisions of this article [are encouraged to] [shall] be reflectedin the national plan [communicated pursuant to [Part IV.1 on national plans][, with necessary means of
implementation taking into account the special circumstances of small island developing States]].
OP3 alt No text.
4.
The governing body*[, at its first session, shall] [may] adopt [guidelines] [guidance], including where
relevant, sectoral guidelines, to facilitate implementation of [the obligations set out in paragraph 1 [and 2] [of][this article], including [emission and effluent standards,] [on] [sector-specific] [best available techniques andbest environmental practices] [on preventing emissions and releases] [of plastic into the environment][to capture
and remove plastic pollution, including microplastics [and nanoplastics] from freshwater bodies, the marine
environment and [any other] ecosystems]. [The guidelines shall be coordinated with other relevant bodies.]
5.
[Parties are encouraged to] [Each Party shall] promote scientific and technical innovation[, including
through the cooperation mechanism* referred to in [Part III, article number yet to be defined], ] to prevent andcapture [the] [any] releases of [chemicals, polymers] [plastics [and][,] plastic products [and their alternatives]][plastic pollution], including [plastics waste and] microplastics, [and nanoplastics] into [waterways and] the[marine] [and other] environment[, particularly through strengthening cooperation among members, acommitment of sharing knowledge and transfer of technology, based on good faith and common understanding,from developed to developing countries.][in particular small island developing States and least developed
countries.]
30

UNEP/PP/INC.5/4

5 bis There shall be an assessment of the need as well as mobilization of financial resources and technology
transfer for each country in order to nationally driven commitments under this provision.
Option 2
1.
Each Party should manage and eliminate the leakages and releases of plastic products and product waste,
including microplastics waste, to the environment.
2.

9.

The leakage and releases covered under this provision should include:a.

Leakage/ Releases of hazardous substances, including microplastics waste to all environments;b.

Releases to all environments from the production, transportation and use of plastic products, andchemicals of concern as per the agreed list for chemicals and polymers of concern from othermultilateral environmental agreements.

Waste managementa. [[Plastic] Waste management]
1.
Each Party[, as per its national plans and based upon national circumstances and capabilities and relevant
national regulations,] shall take [effective] measures [to ensure that [producers manage] plastic waste [ismanaged] in a [safe and] environmentally sound manner [throughout its [different stages] [life-cycle]] [on safeand environmentally sound waste management [.] [[at its different stages]] [[to ensure] environmentally sound[waste] management [of plastic waste.]], [including] handling, [collection,] [sorting,] transportation, storage,
recycling [treatment][, other recovery including energy recovery] and final disposal][of plastic waste][,][taking
into account [recognizing that] the waste hierarchy][establishes that greater environmental and social benefit
occurs when actions at the top of the hierarchy are prioritized.] [[,] and the special circumstances of small island
developing States.] [.]The measures taken to implement this provision [shall] [are encouraged to] be reflected in the national plancommunicated pursuant to [Part IV.1 on national plans], with an aim [of] [to] achieving nationally determinedtargets and [minimum requirements developed[.] [based on the harmonized [indicators] [elements] set out in[part II of annex F]]].
OP1 bis To implement the obligation pursuant to paragraph 1, each Party shall give priority/due consideration
to establishing a basic effective social system at local level for handing, sorting, collection, transportation,
storage, recycling and treatment of plastic wastes, which is indispensable to a safe and environmentally soundwaste management and just transition.
2.
[Each Party shall meet the requirements, [including] where relevant through a sectoral approach, for[minimum] [safe and] environmentally sound [management of plastic waste, including through] [collection,]recycling and disposal rates[, set out in part I of annex F,] [taking into account] [respecting] [the waste hierarchyand other] relevant provisions[,] [and taking into account] guidance and guidelines in [accordance with relevantarrangements under] other international agreements, [including those developed under] [inter alia] the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal[, asappropriate][, the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter and its Protocol on the International Convention for the Prevention of Pollution from Ships][theInternational Convention for the Prevention of Pollution from Ships (MARPOL) Annex V of the International
Maritime Organization and the Bamako Convention on Hazardous Wastes].]
3.
The governing body* [shall] [may][, where necessary,] adopt [at its first session,] [[requirements, [bestpractice] guidance and guidelines] [for the implementation of the provisions in paragraph 2, additional orcomplementary to the relevant guidance and guidelines developed under other international agreements
mentioned above]] [[and subsequently update as needed,] guidelines on [safe and] environmentally soundmanagement of plastic waste, taking into account [the waste hierarchy and][and the] other relevant internationalguidelines and guidance[.][, developed under the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal and other international agreements.][, as appropriate, as
well as the need for a just transition, including for waste pickers.]]. [A mechanism needs to be established toassess the infrastructural requirements and financial resources required for safe and environmentally soundmanagement of plastic waste.]31

UNEP/PP/INC.5/4[[4][3] Each Party shall [take [the necessary] measures to prevent] [not allow waste management practices [listed
in part III of annex F] that may lead to the emissions and releases of hazardous substances, [based on strong
scientific evidence,] [open dumping, ocean dumping,] littering [and open burning] [of plastic waste]. and shallregulate the other allowed waste management practices that may lead to the emissions and releases of thehazardous substances [listed in part IV of annex F.][6][5] [It is recommended to] [Each] [Parties] [Party] [may, as per their national plan and based upon national
circumstances and capabilities] [shall] [are] [is] encouraged] [to] [take additional measures[, according to theirnational capacities,] [related to waste management, with developing country parties being supported byinternational cooperation and, in particular, the cooperation mechanism referred to in [Part III, article number
yet to be defined], which could include, inter alia] [:][x][Adopt comprehensive economic-driven approaches such as establishing and operating Extended
Producer Responsibility (EPR) scheme, including, where relevant, on as sectoral basis, to incentivize
increased recyclability, promote higher recycling rates, and enhance the accountability of producers
and importers for environmentally sound management, of plastics and plastic products throughout
their life cycle.]][a.

[Invest in] [Promote investment [and mobilization of resources from all sources for]] [in] waste
management systems and infrastructure[, including through financial and technical support tosubnational governments,] that enable[s] environmentally sound management of plastic waste[andenhances waste management capacity];][b.

Promote investment and mobilize resources from all sources to cover financing gaps for waste
management systems and infrastructure that enable environmentally sound management of plastic
waste and enhance waste management capacity, in light of current and expected waste generationlevels; and][c.

[Incentivize] [Encourage] behavioural changes throughout the value chain[;] and [raise [consumer][public] awareness [on sustainable consumption] [about plastic waste prevention and minimization][and production, as well as the critical roles of all stakeholders in reducing plastic litter [waste] andsupporting recycling][, taking into account the waste hierarchy].]c bis. Develop, identify, and/or strengthen markets for secondary plastics.
[7][6] The measures taken to implement the provisions of this article shall be reflected in the national plan[communicated pursuant to [Part IV.1 on national plans]]. [Where appropriate, Parties are encouraged tocooperate internationally or regionally to implement the provisions of this article.][7][6] bis. Each Party is encouraged to adopt environmentally sound waste management practices.

XX. Fishing gearA decision on placement (or whether this provision should be included at all) is still pending. Different
approaches have been proposed by Members of the INC for further consideration, including:- no dedicated provision on fishing gear- having no provision on fishing gear and instead have a sectoral programme under current 4bis of the revised
draft text
- having no provision on fishing gear and instead have a reference to this specific sector in other relevant
provisions of the instrument, as needed- having a standalone provision- having elements on fishing gear considered under Part II.8
- having elements on fishing gear considered under Part II.9
- having elements on fishing gear considered under Part II.

Option 0
No provision on this matter.

32

UNEP/PP/INC.5/4

Option 1[Overarching obligation]
1.
[Each Party] [Parties] [to the instrument*] [[shall] [should] [cooperate]] [is encouraged to][, including
through the cooperation mechanism referred to in [Part III, article number yet to be defined],] [and] [subject to
its national plan and based upon national circumstances and capabilities] take [appropriate][any][effective] [measures] [actions] [to tackle [abandoned lost or otherwise discarded end of life] [pollution
arising] [from lost or damaged] fishing gear [waste.] / [across the [whole] lifecycle [of plastic gears used for]fishing [activities] and aquaculture gear][to prevent and [, reduce] [and where possible prevent] [with a viewto eliminating] [and eliminate] [plastic pollution from] fishing gear [composed of plastic] from becoming
abandoned, lost, [or otherwise] [and] discarded in the [marine] environment, [and to promote circularity],[taking into account,] as appropriate,] [consistent with] [in accordance with] [internationally agreed[instruments,] rules, [guidelines and] standards and recommended practices and procedures.] [taking into
account as applicable relevant [multilateral environmental agreements] [international agreements] [and][respecting] their respective mandates as well as common but differentiated responsibilities.][Particular measures][…, including [as appropriate]][on][a.

[[Encourage the development [or] [and] [of] [improve the] [the enhancement of new] [design][and technologies for] [for circularity] of fishing and aquaculture gear[s], [in line withperformance criteria set out in part I of annex C, where practicable and feasible] [with a view
to [reduce their environmental impact, while] [enhance] increasing durability, reusability,
repairability and refurbishability and their capacity to be [dismantled] [repurposed,] recycled anddisposed of in a safe and environmentally sound manner at end-of-life, and minimizing] [tominimise] releases [and] [emissions] [leakages] of or from fishing and aquaculture gears [waste],[including microplastics,] to the [marine] environment;]b.

[to implement effective] [to encourage] [marking] [of [fishing] gears] [and net materials used
for their repair, providing information in their description about the plastic materials, used
for their production] [when available and applicable][, [tracing] [tracking] [, retrieval] [and][,][and require] [a database for the monitoring reporting] [and traceability] [of lost gears,] [byPart IV.3 on reporting on progress] [in accordance with] [taking into account] [other relevant
regional] and international [agreements] [regulations], [including MARPOL Annex V]] [[andrecovery] requirements,] to[] prevent, reduce and eliminate, abandoned, lost or otherwise
discarded] [tackle] fishing gear [containing plastic], [taking into account] [internationally [agreed
rules], [guidelines] standards and recommended practices and procedures] [taking into accountas applicable relevant multilateral environmental agreements and their respective
mandates.] [Developed countries should provide support in terms of technology transfer forthese initiatives]][b bis Carry out formal risk assessment to support the scope and design of fishing gear marking
taking into account relevant FAO guidelines]c.

[[promote] [facilitate] [implement effective measures for] [the] collection and environmentallysound [disposal or recycling of end-of-life] [waste management of] [end of life] [plastic] [fishing][and aquaculture] gear, [including any recovered gear.] [enhance] [the management of gear at
the end of its usable life,] [including the reuse, repair and recycling of gear] [both onboard andon land] [in collaboration between parties relevant industry sectors, and relevant
stakeholders, artisanal and small scale fishers][] [.]]] [;and][c alt Parties are encouraged to promote environmentally sound management of fishing gear waste][c bis Promote and facilitate efforts for fishers and fishing communities including artisanal andsmall fishers to comply with the provisions of this instrument*][c ter Where feasible,] [consistent with national laws,] [require] [encourage] [fishing vessels to haveequipment on board to retrieve its lost fishing gear][c quater Promote adequate gear labelling to ensure material traceability and recyclability forrecyclers] [in accordance with Part II.13][c quinquies Establish mechanisms and incentives for the regular [ecologically sensitive] retrievalof derelict gear and [prioritising methods that minimise further harm to marine ecosystems
while integrating traditional knowledge, knowledge of indigenous people and local
33

UNEP/PP/INC.5/4

knowledge systems into decision making] to adapt mechanism for monitoring and reducing
discards of fishing gear][c sexies Improve cooperation and use economic and innovative options to address the problem
including mechanisms for the retrieval of lost abandoned or otherwise discarded fishing gearand identification of owners of gear and gear registries].
[Other actions]2.

[ Each Party] [Parties] [should take actions to]:a.

[c sept] promote [and facilitate training,] [education and awareness raising] [sharing lessons learned][with fishing [gears.] [industries and practitioners [on the environmental [impacts] [associated withabandoned fishing gear] on best practices and methods to reduce the [risk] of losing [and damaging]fishing gear and [other plastics] [its accessories] during fishing operations, and for theenvironmentally sound [disposal] [management] of end-of-life gear; and]b.

[c octies] promote collaboration between Parties and relevant industry sectors and stakeholders,
including fisheries, port reception facilities, waste management, and recycling.

c.

[c novies] promote investment, mobilize resources and facilitate knowledge exchange to enhance therecyclability and recycling rates of end-of-life and recovered fishing gear.

[Relevant initiatives and organizations]
3.
Parties [shall] [are encouraged to] promote [synergy and complementarity with relevant initiatives andorganizations[, and regional and international authorities] in their respective actions towards [safe disposal of][the prevention of plastic pollution from] [fishing gear] [cooperation, coordination, and exchange of information,
including the sharing of best practices, as appropriate, on enhancing the environmentally sound collection, [safe]
disposal, and recycling of fishing [and aquaculture] gear, including with relevant initiatives and organizations].
[3 bis Parties [are encouraged to work with] [shall cooperate including through] relevant [national][,regional] [and international [organizations] [standardising bodies] towards the development] [andimplementation] [of global] [of harmonised] [standards including definitions and guidelines for [circular][environmentally sound] [design] of fishing gear].
[Means and measures of implementation]
4.
The measures taken to implement the provisions of this article shall be reflected in the national plancommunicated pursuant to [Part IV.1 on national plans].
5.
There shall be an assessment of the need as well as mobilization of financial resources and technology
transfer for each country in order to meet the commitments under this provision.
[Additional elements in other provision][Furthermore remediation of abandoned, lost and discarded fishing gear is important to protect the marine
environment, the provision [in Part II.11] on existing plastic pollution, including in the marine environment,
should provide the obligation on parties to take measures to remediate Abandoned, Lost and Discarded FishingGear, in an environmentally sound manner and in accordance with scientific and evidence-based social,economic and environmental impact assessments, using the best available techniques and environmental
practices to avoid exacerbating environmental harm.]

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UNEP/PP/INC.5/4

10. Trade [in listed chemicals[, polymers] and products, and in plastic waste] [related
measures]12
Option 0
No provision on this matter.
Option 1
a. Trade in listed chemicals, polymers and products
Sub-Option 0
No text.
Sub-Option 1
1.

Each Party shall not export:a.

[a chemical, group of chemicals or polymer referred to in [Part II.2 on chemicals and polymers ofconcern], for use in plastic production or incorporation into a plastic product;b.

a plastic product containing any such chemical or polymer [as outlined in a) above]; or]c.

a microplastic [or][,] product [addressed in [Part II.3 on problematic][or problematic] and avoidable
plastic products, including short-lived and single-use product, and intentionally added microplastics];

except where the [production and] use of such chemical, [polymer] or product is permitted under this
instrument* and with the prior informed consent of the importing State.
2.
[Each Party exporting a chemical, polymer or product referred to in paragraph 1 pursuant to thisprovision shall establish an export permit requirement for such exports[and track the types, volumes anddestinations of all its exports], and obtain the prior informed consent of the importing State in writing, together
with its assurances that the chemical, polymer, microplastic or product, once imported, will be used in a mannerconsistent with the conditions contained in part II of annex A or in Annex B, as relevant, and managed in a safeand environmentally sound manner throughout its life cycle, including for final disposal.]
3.
Each Party exporting pursuant to this provision a chemical or [polymer listed in part II of annex A,] a
product containing any of these, or a microplastic [or product listed in annex B,] shall require the exporter to:a.

provide to the importing State and the importer complete harmonized information about thecomposition of the exported [polymer,] chemical or product and the associated hazards to humanhealth or the environment, based on the harmonized disclosure requirements [contained in annex A],
including safety data sheets, as relevant;b.

mark and label the exported chemical, [polymer or] product in accordance with relevant harmonizedlabelling requirements [contained in annex A], as relevant; andc.

comply with the relevant generally accepted and recognized international rules, standards andpractices for packaging, labelling and transport.

4
Where a customs code under the Harmonized Commodity Description and Coding System is available
for a chemical, [polymer,] microplastic or product [listed in annex A or B,] each Party shall require its shipping
document to bear that code when exported.
5.

Each Party shall not import:a.

a chemical, group of chemicals [or polymer referred to in [Part II.2 on chemicals and polymers] ofconcern];b.

a plastic product containing any such chemical [or polymer]; orNote by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 1.2
outcomes, 29 April 2024, footnote 5, available at https://www.unep.org/inc-plastic-pollution/session4/documents/in-session#ContactGroups..
12

35

UNEP/PP/INC.5/4

c.

a microplastic or [product addressed in [Part II.3 on] problematic and avoidable plastic products,
including short-lived and single-use product, and intentionally added microplastics];

c. bis products not meeting standards established in article [5] [on product design];
except for the purposes of use permitted under this instrument*, or for the purpose of their safe andenvironmentally sound disposal [in accordance with the requirements of [Part II.9 on waste management]].
OP5 bis. In case of export to, or import from, a non-Party to this instrument*, each Party shall apply theprovisions of this article, on a non-discriminatory basis.
Sub-Option 2
1.
Each Party should cooperate to promote a supportive and open international economic system that would
lead to sustainable economic growth and development in all Parties, particularly developing country Parties,
thus enabling them better to address the problems of plastic pollution. [Measures taken to deal with plastic under
this instrument*, including unilateral ones, should not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on international trade specially developing countries’ exports].
Sub-Option 3
1.
Each Party shall regulate trade in listed chemicals, polymers and products as per relevant national
regulations and in accordance with the principles of the internationally binding multilateral trading systemenshrined in WTO law.
b. Transboundary movement of [non-hazardous] plastic waste
Sub-Option 0
No text.
Sub-Option 1
1.
Each Party shall not allow transboundary movement of plastic waste, except for the purpose of its safeand environmentally sound management, with the prior informed consent of the importing State, and in a mannerconsistent with obligations under this instrument*[, and relevant arrangements under other multilateralenvironmental agreements, inter alia, the Basel Convention on the Control of Transboundary Movements ofHazardous Wastes and their Disposal, as appropriate].
2.
[Where transboundary movement of plastic waste is permitted pursuant to paragraph 1,] Each Party
exporting plastic waste [pursuant to this provision] shall establish and implement an export permit requirement
for such exports and track the types, volumes and destination of all its exports of plastic waste.
3.
Where transboundary movement of plastic waste is permitted pursuant to paragraph 1, each exporting
Party shall:a.

not allow the transboundary movement to commence until it has received the written consent of theimporting State, which shall include that State’s assurances that the exported plastic waste will be
managed in an environmentally sound manner;b.

require the exporter to:i. Provide to the importing State and the importer complete information about the composition of theexported waste, including its contents in polymers, chemicals and plastics, and any associatedhazards to human health or the environment, based on the relevant harmonized disclosure
requirements contained in annex A, including safety data sheets, as relevant;ii. Mark and label the exported waste in accordance with the relevant harmonized labelling
requirements contained in annex A, as relevant; andiii. Comply with generally accepted and recognized international rules, standards and practices for
packaging, labelling and transport.

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UNEP/PP/INC.5/4

4.
The governing body* shall, at its first session, adopt guidance for the [implementation of the] [purposeof this] provision [set out in paragraph 3], taking into account as appropriate relevant arrangements under othermultilateral environmental agreements [inter alia, the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal].
5.
Each Party shall [take effective measures to] prevent and eliminate illegal trade [and dumping of] [in]plastic waste.
6.
Parties shall promote synergy and complementarity with relevant organizations and intergovernmental
bodies and cooperate towards the adoption and implementation of effective measures to prevent and eliminate
illegal [exports][trade] and dumping of plastic waste [pursuant to paragraph 5].
Sub-Option 2
1.
Each Party shall take appropriate measures to ensure that transboundary movements of plastic waste, as
defined by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal, is only allowed for the purpose of environmentally sound disposal. Parties to the Basel Convention
shall take appropriate measures to ensure that transboundary movement of plastic waste is done in accordancewith the obligations of that Convention. In circumstances where the Basel Convention does not apply, a Party
shall ensure that transboundary movement of plastic waste is allowed only after taking into account relevant
domestic and international rules, standards, and guidelines.
Sub-Option 3
1.
Each Party shall prevent and eliminate illegal trade, traffic and dumping of plastic waste as set in the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal,
recognizing its respective mandates, avoiding duplication of efforts and works and promoting cooperation andcoordination with relevant regional and international conventions.
Sub-Option 4
1.
Parties shall cooperate towards the adoption and implementation of effective measures to prevent andeliminate illegal exports and dumping of plastic waste.
Option 2
Alt title: Trade-related measures
1.
This instrument* applies insofar as its provisions do not contradict the provisions of the Marrakesh
Agreement Establishing the World Trade Organization, and its Annexes.
2.
Any measures established by the Parties for the implementation of this instrument* shall be in full
conformity with the Marrakesh Agreement Establishing the World Trade Organization.

11.

Existing plastic pollution, including in the marine environment
1.
Parties [will take actions and] [shall] [are encouraged] [cooperate] [in accordance with the Common but
Differentiated Responsibility to respective capabilities] [to] [mobilize resources from multi-stakeholders,
including, intergovernmental organizations, non-governmental organizations, academic and scientific andresearch institutes, international financial institutions and multilateral development banks, non-profit
organizations and other relevant organizations or associations][, including through the cooperation mechanism*referred to in Part III, article number yet to be defined]], to:a.

[cooperate to] [assess] [evaluation, identification and prioritization of][, identify and prioritize]
accumulation zones, [and] [hotspots] [critical points] [and sectors]:
i. most affected by existing plastic pollution, [including] in the [terrestrial, freshwater and the]marine environment [and areas beyond national jurisdiction]; andii. [where] [that evaluations identify accumulation areas with] quantities and types of [litter] [plastic
pollution] [garbage that represent] [pose] a threat to [human health,] species or habitats [taking
into account the [full] [complete] life cycle of plastics].
37

UNEP/PP/INC.5/4

b.

Take [adopt] [effective] mitigation and [remediation measures][removal actions], including clean-up
activities [for the] [in identified] accumulation zones, [and] hotspots [and [critical] sectors] identified,[taking into account the provisions [in existing international agreements] [of international agreements
in force,] including those [relevant] [relating] to the conservation and sustainable use of [terrestrial,
freshwater and] marine [environment and] biological diversity, [including in areas [beyond] [locatedoutside] national jurisdiction;]] [and manage and dispose of removed plastic pollution in anenvironmentally sound manner] [taking into account special circumstances of small island developing
States,] [and the disproportionate impacts on small island developing States; andb. bis Collect data and information on existing plastic pollution to support monitoring in accordance with[Part IV.4 on Periodic assessment and monitoring of the progress of implementation of the
instrument* and effectiveness evaluation]c.

[promote engagement of [all stakeholders, including,] [the] local [communities][population] [civilsociety,] and citizens] [, non-governmental organization as well as the private sector,] in [safe and]environmentally sound [removal] [remediation] [activities].

c. alt Promote safe and environmentally sound remediation activities, including through engagement withlocal population, communities, and citizens.
c. bis Conducting investigations and distribution research on the current state of plastic pollution, including
the marine environment, as well as developing technologies and establishing international standards
for impact assessments, pollution removal and restoration.
2.
[Each Party] [Developing countries] [should] [encourage] make publicly available information[collected] on common plastic pollution types and [trends, as well as on the] practices and behaviours that leadto plastic pollution [, to raise awareness and prevent further plastic pollution, including littering in [floodplains,]
coastal and freshwater areas].
OP2 bis Each Party exporting chemicals, polymers and products shall establish and implement an export permit
requirement for such exports and track the types, volumes and destinations of all its exports.
3.
The measures taken to implement the provisions of this article [Part II. 11] [shall] [could] be reflectedin the national plan communicated pursuant to [Part IV.1 on national plans].
OP3 alt 1 No text.
4.

The governing body* [shall][, at its first session,]
Option 1 should adopt guidance, as appropriate, to facilitate implementation of this article.
Option 2 get an assessment of the existing plastic pollution in respect of each country from an appropriate
subsidiary body, the financial resources required to mitigate and remediate the existing plastic pollution due
to legacy plastic waste.
Option 3 adopt:a.

Indicators to identify accumulation zones, hotspots and sectors; andb.

Guidance on best available techniques and best environmental practices, developed on the basis ofbest available science, [[including the] traditional knowledge, knowledge of Indigenous Peoples[accessed with their free, prior and informed consent,] and local knowledge systems,] to address
existing plastic pollution, with a view to ensuring the [effective mitigation and remediation measures,
including] clean-up activities do not have potential for [negative] impacts on the environment,
biodiversity and human health.

OP 4 bis Developed country Parties as the largest historical beneficiaries of plastic goods shall take the lead intackling legacy and existing plastic pollution in the marine environment including beyond national jurisdiction.

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12.

Just transition [pathways]
1.
[[Leaving no one behind,] Each Party [could] [should] [shall] [promote and facilitate] [cooperate topromote] [, as per national circumstances and capabilities and relevant national regulation,] [a] [fair, equitable
and inclusive] [just] transition[s] [/pathways] [which encompass pathways that include socio-economics
workforce, technology and innovation circularity and other dimensions] [for affected] [populations][within its jurisdiction] [Parties] [[for [Indigenous Peoples] and [local communities],] [artisanal fishermen
and fishing communities] [waste pickers] [and other workers in [plastic] [waste] value chains]] [in the context
of] [towards] sustainable development], with special consideration [to social and economic impacts] for[[affected] developing country [Parties]] [workers] [women] [ [and vulnerable groups][persons in vulnerable
situations] , including] [impacted communities] [,] [children [and youth],] [taking into account] [in line with][right to development and the priority to alleviate poverty in order to achieve sustainable development][international human rights obligations,] the International Labour Organization Just Transition guidelines][as well as UN guiding principles on business and human rights] [according to national [laws andregulations,] social policies and circumstances][, in the implementation of this instrument*] [including by, interalia, enhancing institutional arrangements, enabling policies and conditions to improve the opportunities,
capabilities and livelihoods of affected communities][, provided that means of implementation are available fordeveloping countries].
[Developed country Parties shall provide sufficient finance, technology transfer and capacity building support[with the view to promote and facilitate the just transition [pathways] of] [to [affected]] developing country[and economies in transition] Parties.] This may include[, according to national circumstances]:13][OP1 bis In the implementation of the instrument* to promote just transition, parties shall cooperate toenable capacity building and technical assistance as well as facilitate technology transfer.]
OP1 alt In the implementation of this instrument*, each Party [shall] [could] promote [an equitable andinclusive] [just] transition [for affected populations,] with particular consideration for [waste pickers and otherworkers in informal and cooperative settings in line with the International Labour Organization
guidelines for a just transition] [workers and [persons] [people] [in vulnerable situations,] [impacted
communities] within [its national jurisdiction;] This may include:]a.

[Designating a national coordinating [body] [mechanism] for engagement [and collaboration] with
relevant stakeholders, including public authorities, [trade unions,] [workers association] [waste
pickers,] [and other workers in the informal and cooperative settings] non-governmentalorganizations[, Indigenous Peoples] and [local communities] [and affected [populations][communities] [fishing associations and communities] [according to national regulations] [with theaim of data collection, monitoring, evaluation and national reporting on progress of just transition];b.

[Enabling [policies] [regulations] [and conditions] [that integrate] [to [ensure and] [improve] [asappropriate] [adequate] income, opportunities and livelihoods for] [waste pickers and other workers
in plastic value chains and] [impacted] [affected workers and] communities, including workforce
training, [development and social programmes, enhancement of occupational health and safetymeasures] [according] [considering] to their needs and priorities;]c.

[Incentivizing the development of skills and job opportunities across the plastic value chain, including
for the development of reuse, repair, waste collection and sorting;]d.

[Promoting a [clean, healthy and sustainable] [safe working] environment [and a strong social safetynet] [for communities and workers] across [the value chain, including [workers] in the waste
management sector] [the full lifecycle in respect of the promotion of fundamental human rights];]e.

[Providing adequate] [Improving working conditions [[, occupational safety and health, and social
protection] for [waste pickers and] workers] [across the plastics value chain] in the waste
management sector [, including by providing legal recognition and protection to [waste pickers andother] [workers [and waste pickers]] in informal and cooperative settings and facilitating theformalization [of their associations or cooperatives [integrating them into local waste management
systems]] [of their activities through appropriate socioeconomic integration measures]]];]

f.

[Integrating [waste pickers and other] workers in informal and cooperative settings into [a safe]
plastics value chain, [including by requiring plastic product producers, recycling and waste
13 See below subparagraphs a. to g.

39

UNEP/PP/INC.5/4

management companies to integrate plastics collected and sorted by them into their operation
schemes]]; and]g.

[[Requiring] [Encouraging] a portion of the fees collected through Extended Producer Responsibility[schemes] [systems] to be used to improve infrastructure [and improve the] [,] livelihoods[, a strongsocial safety net,] and opportunities for, and develop the skills of, workers in the waste sector,
including waste [pickers and other] [workers] in informal and cooperative settings.]][OP 1 alt bis When designing and implementing policies and measures, Parties shall avoid creating burden
to dev eloping countries including imposing prohibitive barriers to their exports through compliance costs
and conditions that are incompatible with local resources and technical capabilities.][OP 1 alt ter In their actions to achieve just transition pathways Parties are guided by the principles ofthis instrument*.]
2.
[The measures taken to implement this provision [shall] [could] [might] be reflected in the national plan[communicated pursuant to [Part IV.1 on national plans]]].
[OP2 bis Each Party should support policies to [create decent work and quality jobs] improve income,
opportunities, and livelihoods for affected workers and communities in the transition to [a circular economy][more circular economies] for plastics, considering the needs and priorities of affected workers and communities[based on social dialogue].][OP2 ter Within its jurisdiction, each Party shall encourage the consideration of socio-economic factors indetermining the location, design, and construction of solid waste management facilities that manage plastic
waste, [with an aim of] [while] avoiding disproportionate and adverse impacts on [persons] [people] invulnerable situations.][OP2 quater Each Party shall, in accordance with its domestic procedures, [endeavour to] provide opportunities
for members of the public [waste pickers and other workers in informal and cooperative settings] to provide
input on government plastic waste management decisions or measures.]

13.

Transparency, tracking, monitoring and labelling
Option 0
No text on this matter.
Option 1
1.
Each Party[, in order to end plastic pollution, [as per its national plan and based upon] [according to its]
national circumstances and capabilities [including relevant national policies and regulations] [and the means of
implementation required in the case of developing countries]] shall[, according to their national circumstancesand capacities and the means of implementation required in the case of developing countries]:a. [require][engage][, where feasible,] [producers [of primary and secondary plastics] and importers[and exporters]][business throughout supply chains] to [disclose] [communicate] [provide][globally] harmonized information on the [[hazardous] chemical composition of [all] plastics andplastic [products] [producers][, based on guidelines adopted by the governing body* consistent withWorld Trade Organization regulations and avoiding duplication with other multilateralenvironmental agreements,] [throughout their [entire] life cycle]] [[type and quantities of polymers
produced, the type and quantities of chemicals used in production] and make such information
available in a publicly accessible database]:b. take appropriate measures to [ensure][improve] the traceability of chemicals[, polymers] and theplastic contents of [feedstocks and] products [throughout the life cycle of plastics] and plastic
products[, [including] based on [globally harmonized] guidelines to be adopted by the governing
body* [at its first session,] [[consistent with World Trade Organization regulations and avoiding
duplication with other multilateral environmental agreements,] [in particular] for the purposes of
their [safe and] environmentally sound use, recycling[, recovery] and disposal][, taking into
account,][as appropriate, any guidance adopted by the governing body*] [Confidential BusinessInformation (CBI) and human health and environmental impacts] [and in accordance with measures

40

UNEP/PP/INC.5/4

that may be specified in an annex to the instrument*, for the purpose of protecting public health andthe environment throughout the plastics life cycle;][; and][ upon availability and accessibility of therequired technologies for the developing countries;]c. [establish] [digital tracking, traceability,] [encourage] marking and [eco-]labelling [requirements][practices for plastic products] [including][, consistent with provisions of the World Trade
Organization’s Agreement on Technical Barriers to Trade,] based on guidance [to be adopted] by
the governing body* at its first session, [in particular] [and in accordance with measures that may
be specified in an annex to the instrument*] for the purpose[s] of [the safe and environmentallysound use, recycling and disposal of plastics and plastic products] [protecting human health and theenvironment throughout the plastics life cycle] [to promote the circularity of plastics, enable
informed decision-making, and facilitate reuse, repair, refurbishment and recycling of plastics].
c. alt 1 Move to Part II, Section 5.
2.
Each Party [shall] [is mandated to] [monitor] [and] [establish a national monitoring system to][,] [track][and publish and update, in a transparent manner relevant and readily available information on][, to the possible
extent,] the types and [volumes] [[quantities] of its production, imports and exports of chemicals [and polymers][used][employed] in the [production] [manufacturing] of [plastic polymers,] [plastics] [[and] plastic products],[and] [including] regulated plastic [products] [items] [[across] [throughout] their life cycle] [consistent with its
national laws][, considering the implementation for those with limited capacity, such as small and medium
enterprises][ as well as any subsidies and fiscal incentives related to [these activities] [the production, imports
and exports of primary plastic polymers]] [and [shall] [is encouraged to] report the information collected
together with information on the recycling facilities functioning within its territory,] in a standardized format[where possible] to the governing body*].
3.
Each Party shall take legal, administrative or policy measures to ensure mandatory disclosures fromlarge and transnational businesses, including the financial sector on their activities, risks, opportunities,
dependencies and impacts and financial flows from all sources related to plastic pollution, including along their
supply, value chain and portfolios.
pursuant to paragraph 2[,
4.
Parties will implement the above provisions in accordance with national circumstances and capabilities,
and supported by international cooperation, including through the cooperation mechanism referred to in [PartIII].
5.
Each Party shall develop and promote the databases needed to administer and implement therequirements of this article, and cooperate in the development and maintenance of any global database that may
be established by the governing body*.
6.
Developing country Parties shall be provided necessary technical and financial assistance based uponan assessment of the technical and financial resources required for complying with obligations given inparagraph 1 in respect of each country.
7.
The governing body* shall conduct, commencing [X] years after entry into force and at least every [X]
years thereafter, a review of the guidelines and any annexes developed under this article with a view to assessing
the need for revised guidelines, or new or additional annex measures, to protect public health and theenvironment, or to otherwise improve the effectiveness of this instrument*.

[13bis Overarching provision related to Part II
1.
Parties shall establish an effective mechanism in society to promote plastic circularity and prevent theleakage of plastics into environment through a whole-of-society approach by adopting integrated and holistic
national policies.
2.
Parties shall take the necessary measures at all stages of plastic lifecycle, such as the production,
distribution, sale, consumption, waste management and disposal, to promote plastic circularity and prevent theleakage of plastics into the environment and strengthen the measures over time towards achieving the objectiveof this instrument*.

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UNEP/PP/INC.5/4

3.
In relation to the previous paragraph, Parties shall take the effective measures at each stage of plastic
lifecycle listed in annex X. 14 The mandatory and voluntary measures listed in annex X shall be reflectedaccordingly in the national action plan. The governing body* can review the annex as necessary.]

Part III 15 16
1.

Financing [mechanism [and resources]]
Alt Title: Financial resources [(and mechanism)]
OP0 The extent to which the developing country Parties will eﬀectively implement their commitments under
this instrument* [will depend on the eﬀective implementation by developed country Parties of theircommitments under this instrument* relating to financial resources, technical assistance and technology
transfer] [will be related to the effectiveness of this article]. The fact that sustainable economic and social
development and eradication of poverty are the first and overriding priorities of the developing country Parties
will be taken fully into account, giving due consideration to the need for the protection of human health and theenvironment. `OP0 alt No provision in this matter.
1.
[Parties] [Each Party] [shall] [should] [undertakes to] provide the necessary resources [within theircapabilities] for national activities intended to implement this instrument* [as appropriate.] [[in accordance with
its national policies, priorities, plans and programmes]. [The mobilization of] [Such] resources [for tacklingplastic pollution should] [may] include [all sources,] domestic [funding through relevant policies, development
strategies and national budgets] and [bilateral and multilateral] [international] [funding, as well as facilitationof private sector [investment and contributions][financing][, including voluntary contributions]]. 17] [public andprivate, in line with the Addis Ababa Action Agenda (AAAA) and the Polluter Pays Principle (PPP). The parties
shall make efforts to increase mobilization of the private funding including the alignment of public and private
investment and finance with the objective and provisions of the instrument*. International financial institutions
and multilateral development banks, in particular the World Bank Group and the International Monetary Fund,are invited to consider supporting implementation of the instrument*, including by partnering with the Global
Environmental Facility.]
OP1 alt No provision in this matter.
2.
[Developed countries] [Parties [in a position to do so]] [should] [shall], and [multilateral organizations,
agencies and funds] [multilateral, regional and bilateral entities] [should] [are encouraged to], [increase theirsupport including through] [[provide] within their capacities] [on a voluntary basis]] [adequate] finance,
capacity-building [, technical assistance] and technology transfer [on voluntary and mutually agreed terms] [ongrant or concessional terms], [by prioritizing the support to most effective and cost-efficient measures taken toprevent emissions and releases of plastics], for the implementation of this instrument* by [[developing country
Parties] [most in need][[, particularly small island developing States] and least developed countries] [andcountries with economies in transition] [Parties with limited domestic resources and significant capacity
challenges].
OP2 alt The developed country Parties shall provide new and additional financial resources to enable developing
country Parties and Parties with economies in transition to meet the agreed full incremental costs of
14 See the proposed text of annex X at p. 68.
15

Note by the co-facilitators: Due to divergent views expressed during the first session of subgroup 2.1, any significant reordering of the provisions will be discussed, and agreement sought in session. The current order of the provisions does notindicate the final structure of the article.
16 Note by the co-facilitators: It was suggested to consolidate all references to means of implementation in Part III. Possibility
to consolidate the following paragraphs from Part II in Part III:Part II article 2 Chemicals and polymers of concern OP1ter and OP1 quater Alt 2.
Part II article 5 Product design, composition and performance OP2 bis, OP3, OP1 bis, OP2 bis. OP2 ter.
Part II article 6. Non-plastic substitutes OP2 bis 1.
Part II article 9. Waste management [6][5] chapeau, [6][5] a, OP2 bis2.
Part II article 11 Existing plastic pollution, including in the marine environment OP 4 Alt 2, OP 4 bis.
Part II 12. Just transition Option 1 OP1, Option 3 OP1.
17 Note: For a list of possible sources of financing beyond traditional sources, see paragraph 24(e) of document
UNEP/PP/INC.2/4.
42

UNEP/PP/INC.5/4

implementing measures which fulfil their obligations under this instrument*. Contributions from other sources,
including multilateral organizations, agencies and funds are encouraged to increase their support, including
through finance, capacity-building and technology transfer, for the implementation of this instrument* bydeveloping country Parties. Other Parties may also on a voluntary basis and in accordance with their capabilities
provide such financial resources. The implementation of these commitments shall take into account the need foradequacy, predictability, the timely ﬂow of funds and the importance of burden sharing among the contributing
Parties.
18
3.
Parties shall, and other stakeholders are encouraged to, in implementing paragraph 2 [and 3] of thisarticle, take into account of the specific needs and special circumstances of Parties that are [developing country
Parties, particularly] [downstream, underdeveloped countries,] small island developing States [or least
developed countries] [or environmentally or ecologically vulnerable developing countries] [countries withspecial geographical conditions or characteristics that are considered vulnerable to plastic pollution, includingarchipelagic states] [or countries with economies in transition] [and countries whose economies are highly
dependent on income generated from the production, processing and export and/or consumption of fossil fuels
and associated energy intensive products].

OP3 alt No provision in this matter.
19
4.
A mechanism for the provision of [financial and technical assistance, including technology transfer[and development and capacity-building and training,]] [new and additional,] predictable, [sustainable,]adequate, [accessible] and timely financial resources is hereby established to [prioritize] support theimplementation of this instrument* [to most effective and cost-efficient measures taken to control leakage ofplastics] by [countries with limited domestic resources and significant capacity challenges] [[developing country
Parties] [most in need][, particularly small island developing States and least developed countries] [countries
with economies in transition] [particularly downstream underdeveloped countries] [and environmentally or
ecologically vulnerable developing countries]] [developing country Parties, particularly prioritizing Parties thathave the largest capacity and governance gaps, especially small island developing States and least developed
countries]. The Mechanism shall include financial resources from [all sources[, domestic and international,
public, and private] [with priority from the public, and private, with developed country parties [and others in aposition to do so] taking in the lead in the mobilization of resources.]

OP4 bis. All Parties are expected to contribute to the mechanism. The mechanism shall encourage the provisionof resources from other sources, including the private sector, and shall seek to leverage such resources for theactivities it supports.
OP4 ter The support provided in paragraphs 2 and 4 shall be targeted to the most effective and cost-efficientmeasures, which are well-planned in advance within local communities and coordinated with regional,
subregional or national arrangement to maximize positive effects for preventing emissions and releases ofplastics. A priority of the support shall be given to establish an effective social system at local level for handling,sorting, collection, transportation, storage, recycling and treatment of plastic wastes, which is indispensable tosafe and environmentally sound waste management.
5.
[For the purposes of this instrument*] The mechanism shall operate under the guidance of and be
accountable to the governing body.* [The governing body* shall provide guidance on [overall] [strategies],
policies, program priorities, and eligibility criteria [for access to and utilization of financial resources], [anindicative list of categories of activities that could receive support] related to this instrument.*]
OP5 bis In recognition of the urgency to address plastic pollution, the governing body* shall determine no later
than at its [_] meeting an initial resource mobilization goal for the financial mechanism.
OP5 ter The governing body* shall periodically report and make recommendations on the Identification andmobilization of funds under the mechanism. In addition to the considerations provided in this article, thegoverning body* shall consider, inter alia:a.
b.

The assessment of the needs of developing country Parties;
The availability and timely disbursement of funds;

18 After deliberations, the subgroup agreed to defer consideration of how special circumstances of countries and groups ofcountries should be reflected in the text (e.g. para. 3). Members are encouraged to take this into consideration during
successive rounds of discussion.
19 Note by the co-facilitators: Several delegations suggested that this provision may be better placed at the top of thisarticle. Other delegations expressed their preference to maintain the provision as it is.
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UNEP/PP/INC.5/4

c.

The transparency of decision-making and management processes concerning fundraising andallocations.

OP5 quater The governing body* shall, in addition, undertake a periodic review of the financial mechanism toassess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity
building, technical assistance and the transfer of technology for developing State Parties.
OP5 quinquies The governing body* shall agree upon arrangements to give effect to the above paragraphs at
its first meeting.
OP5 sexies [The governing body* shall establish an Executive Committee, operating under its authority, todevelop and monitor the implementation of operational policies, guidelines and administrative arrangements,
including the disbursement of resources. The Executive Committee shall discharge its tasks and responsibilities,
specified in its terms of reference as agreed by the governing body*.]. The members of the Executive Committee,
which shall be selected on the basis of a balanced representation of the Parties, shall be endorsed by thegoverning body*. Decisions under this paragraph shall be taken by consensus whenever possible. If reasonable
efforts at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds
majority vote of the members of the Executive Committee present and voting.
OP6 The mechanism shall [include] [consist of]:a.

[A newly established dedicated [and independent] [multilateral] fund [financed by contributions from
non-developing country Parties on the basis of [a] [the United Nations] scale of assessment] [as themain vehicle] for providing support to [developing country Parties][and Parties with economies intransition] to [comply with any agreed control measures] [implement the instrument*], [to provide
new, predictable, stable, adequate and timely financial resources on a grant basis in support of theimplementation of this instrument*];20

OP6 alt The mechanism shall [include] [consist of]:a.

An existing fund [within an existing financial arrangement] [e.g., the Global Environment Facility
Trust Fund];21OP6 alt 2 The mechanism shall [include] [consist of]:a.

[For support of early action and implementation] [an existing fund [within an existing financial
arrangement] [e.g., the Global Environment Facility Trust Fund];b.

[A newly established dedicated [and independent] [multilateral] fund [as the main vehicle] forproviding support [to developing country Parties] [and countries with economies in transition] to[comply with any agreed control measures] [implement the instrument*]].

c.

A Plastics Implementation Fund to support the implementation of national action plans and otheractivities to be defined by the Parties (access to technology, royalties, capacity building etc.); andd.

A Remediation Fund to support remediation of legacy plastics in the marine environment, including
areas beyond national jurisdiction;e.

[A timebound international financing programme to support enabling activities, capacity-building andtechnical assistance, [to support developing country Parties, particularly small island developing
States and least developed countries, [and countries with economies in transition] in theirimplementation of the substantive provisions of the instrument*. Funding must be commensurate withthe scope of these provisions];]

OP6 bis For support of early action and implementation, the mechanism shall also consist of dedicated Fund(s)within an existing financial arrangement to be accessed by developing country Parties, particularly small island
developing States, least developed countries [and countries with economies in transition] and environmentallyor ecologically vulnerable developing countries.

20

Note: The fund(s) could be dedicated to specific purposes, such as addressing legacy plastic waste or
innovation.
21 Note: The fund could be established within an ‘existing fund’, such as the Global Environment Facility (GEF)(https://www.thegef.org/who-we-are/organization).
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UNEP/PP/INC.5/4

OP6 ter Elements to be funded [should be decided by the governing body* of the instrument*.] [should include:
a.
b.
c.
d.
e.

Enabling activities;
Agreed incremental and other costs of compliance;
Technical assistance and capacity-building and training;Technology transfer and development on mutually agreed terms;
Secretarial services of the Multilateral Fund and related support costs.]

OP6 quater Part of the financial resources of the financial mechanism shall be utilized to mobilize financial
flows from the private sector which shall be used to support projects and programmes in developing countries,
including small island developing States and least developed countries [and countries with economies intransition].
OP6 quinquies The financial mechanism should seek to ensure that duplication is avoided, and complementarity
and coherence are promoted, among utilization of the funds within the mechanism.
OP6 sexies The contributions from the dedicated fund to the developing country Parties [and countries witheconomies in transition] shall be additional and distinct from other financial transfers received by such Parties.
OP6 septies The dedicated fund shall be periodically replenished, from various sources, including by Parties
following the principle of Common but Differentiated Responsibility.
7.
The governing body* shall, at its first session, [agree upon] [adopt] the arrangements for the operationof the newly established dedicated fund(s) [with the necessary consideration to the paragraph 3 and 4][including
an indicative list of enabling activities and agreed incremental and other costs that could receive support][andactivities to be funded in developing country Parties [and Parties with economies in transition] through the
dedicated fund and the modalities for providing such funds, on order to enable the developing country Parties[and countries with economies in transition] comply with agreed control measures.]OP7 alt The governing body* shall, at the latest at its first session, conclude arrangements with the governing
body* of the [existing financial arrangement*] [Global Environment Facility] for the operation of themechanism.
OP7 alt 2 [The governing body* shall establish a permanent body to govern the financial mechanism. The
permanent body shall undertake assessment on the technology and financial needs, including technology
transfer, for each of the developing country Parties [and countries with economies in transition] to comply witheach of the agreed control measures, as well as mobilization of financial resources for the same.]
OP7 alt 3 The governing body* of the instrument* shall decide on activities to be funded in developing country
Parties [and countries with economies in transition].
Provisions common for Options 1 and 2 above
OP7 bis In providing resources for an activity, the mechanism should take into account the additionality andcomplementarity of support for that activity with respect to all financial flows in furtherance of the instrument*’s
objectives, including from domestic finance, bilateral, regional, and multilateral entities, and the private sector.
OP7 ter A platform for the provision of transparent information on all financial flows in furtherance of the
instrument*’s objectives is hereby established. This platform shall provide information pursuant to paragraph
7bis.
OP7 quater In providing resources for an activity, the mechanism should take into account the potential for the
proposed activity to reduce releases of plastic to the environment, relative to its costs, and the need to prioritize
limited financial assistance towards Parties with limited domestic resources and significant capacity challenges.
8.
The governing body* shall review [no later than at its [third] [fourth] meeting, and thereafter] on aregular basis the level of funding [from all sources], [the additionality and complementarity of funding withrespect to all financial flows in furtherance of the instrument*’s objectives,] the guidance provided by thegoverning body* [to the entities entrusted] to operationalize the Mechanism established under this article andits effectiveness, as well as its ability to address the changing needs of [developing country Parties] [most inneed] [and countries with economies in transition] [Parties with limited domestic resources and significant

45

UNEP/PP/INC.5/4

capacity challenges]. It shall, based on such review, [take relevant action] [give recommendations to be agreed
by all Parties, that aim] to improve the effectiveness of the mechanism.22
9.
Each Party [shall] [is encouraged to] establish [where appropriate] a plastic pollution fee, to be paid byplastic polymer producers within its jurisdiction, and adopt the necessary legislative, regulatory andadministrative measures for its collection. [The governing body*, at its first session, shall adopt modalities andprocedures for the implementation of the global plastic pollution fee, including on the contribution of the fee tothe financial mechanism established in paragraph 4.23]
OP9 alt No provision in this matter.
OP9 bis The global plastic pollution fee will provide ample funding to meet the unique costs of ending plastic
pollution, including:a.

The high capital costs of investing in infrastructure essential for managing plastic waste in a safe andenvironmentally sound manner;b.

The remediation of legacy plastic pollution that bears heavily on the developing world;c.

Other aspects of implementation of the future treaty including, technology transfer, capacity building
research, innovation, education and development;d.

Aiding the establishment, operationalization and scaling up of national extended producer
responsibility schemes, by making available consistent and predictable revenue flows to cover capitalcosts of establishing waste management systems (typically not covered by extended producer
responsibility schemes) and, if necessary, their operational costs;e.

Ensuring sufficient funding for a just transition for vulnerable groups who could be disadvantaged by
the future instrument* including women, children, youth and waste pickers, among others.

OP9 ter Each Party shall compel extended producer responsibility schemes to provide technology for processing
and recovery of plastic products.24 25
10.
Parties, and bilateral, regional and multilateral entities and the private sector are encouraged to makefinance flows consistent with a pathway towards ending plastic pollution, by mobilising, [redirecting] andaligning financial flows from all sources, domestic and international, public, and private, towards [projects][activities] that prevent or reduce emissions and releases to the environment of plastics and plastic products
across their full life cycle.
OP10 alt No provision in this matter[OP10 bis Parties [shall] [are encouraged to [decrease] [phase out] financial flows from all domestic andinternational, public and private sources, towards [projects] [activities] that result in emissions and releases tothe environment from plastics and plastic products across the life cycle, including microplastics.]
OP10 bis alt No provision in this matter
OP10 ter The financial mechanism set out in this article is without prejudice to any future arrangements that
may be developed with respect to other environmental issues.

22 Note: Adapted from Minamata Convention, Article 13.11.
23 Note: Modalities for the global plastic pollution fee could be established by the governing body. This fee could

hold polymer producers accountable for the pollution costs of all of their plastics, irrespective of the country inwhich the plastics end their useful life, and of whether the plastics are ultimately destined for recycling or
disposal. It could generate revenue to finance environmentally sound waste management and clean-up initiatives.
24 Note by the co-facilitators: This text was initially submitted in relation to Part III.2 (Capacity building, technicalassistance [and technology transfer]), it is suggested that it may be relevant in this paragraph.
25 Note by the co-facilitators: Several delegations suggested that this provision may be addressed under Part II.7
(Extended producer responsibility). Other delegations expressed their preference to maintain the provision under
this part.
46

UNEP/PP/INC.5/4

2.

Capacity-building, technical assistance and technology transfer
Alt title: Capacity-building, technical and scientific cooperation, technology transfer
Alt title 2: Capacity-building and technical assistance1.
[[All Parties, within their respective capabilities,] [Developed countries] shall [cooperate to enable], theprovision of [new and additional] timely, [sustainable,] comprehensive and] [enduring] [and adequate] [andappropriate] capacity-building and [financial and]technical assistance [including on research anddevelopment]26,27 to developing countries [most in need], in particular, to least developed countries and small
island developing States [and environmentally and ecologically vulnerable developing countries] [[as well as]
countries with special geographical conditions or characteristics that are considered vulnerable to plastic
pollution including archipelagic states], to assist them in implementing their obligations under this instrument*.
[Capacity-building should be country-driven, based on and responsive to national needs, and foster country
ownership of Parties, in particular, for developing country Parties.]
OP1 alt No text.
OP1 bis [Capacity building activities should place emphasis on supporting partners and stakeholders, inparticular women, youth, workers of the informal (waste) sector, Indigenous Peoples and Local Communities(IPLC) and other vulnerable groups, both in the development and implementation of such measures.]
2.
[The governing body* shall] [taking into consideration the developing countries Parties’ needs expressed
through their national implementation reports] [keep under] review [no later than at its third meeting, andthereafter on a regular basis the] capacity-building and technical assistance to support the implementation ofthis instrument* [and promote cooperation and coordination [as appropriate] with other multilateralenvironmental agreements and other relevant initiatives to increase the effectiveness of capacity-building andtechnical assistance.]
OP2 alt No text.
OP2 bis Technical assistance and capacity building pursuant to paragraph 1 and provisions on compliance may
be delivered through regional, subregional and national arrangements, including existing regional andsubregional centres, through other multilateral and bilateral means, and through partnerships, including those
involving the private sector and/or other stakeholders. Cooperation and coordination with relevant othermultilateral environmental agreements, as appropriate, should be sought to increase the effectiveness oftechnical assistance and its delivery.
3.
[Developed country Parties and other] Parties [within their respective capabilities] shall promote andfacilitate [supported by the private sector and other relevant partners and stakeholders] [as appropriate] thedevelopment, transfer [on [fair and most favourable terms, including on concessional and preferential terms, as]mutually agreed [terms]], [and] [diffusion of and access to] up-to-date environmentally sound [and endogenous[economical and efficient]] technologies to address plastic pollution [to developing country Parties, in particular
the least developed countries and small island developing States, and Parties with economies in transition, tostrengthen their capacity to effectively implement this instrument*][, including through [reduce, reuse, recycle,
refill, repair, and non-plastic substitute] [safe and sustainable] [environmentally sound and sustainable]
alternatives and non-plastic substitutes [with due consideration to proprietary rights]]. [In implementing thisprovision, Parties shall promote and facilitate innovation and investment in pursuit of new technologies andinnovative solutions[, and shall facilitate access to essential technologies, [including with respect to financial
resources and proprietary rights.]]]OP3 alt No provision in this matter.

26 Note: Members may wish to include a definition of “technology transfer on mutually agreed terms” either in theprovision on ‘definitions’ or in the provision on ‘technology transfer on mutually agreed terms’. The glossary ofterms prepared for the committee’s first session, UNEP/PP/INC.1/6, refers to the following definition:“Technology transfer means the transmission of know-how, equipment and products to governments,organizations or other stakeholders. It usually also implies adaptation for use in a specific cultural, social,economic and environmental context”. (UNEP, Glossary of Terms for Negotiators of Multilateral Environmental
Agreements (Nairobi, 2007), p. 91.)
27 Note: Particular focus areas for capacity-building, technical assistance or technology transfer may need to befurther defined and elaborated when there is a better understanding of the substantive obligations under this
instrument*.
47

UNEP/PP/INC.5/4[3.] Technology [transfer]
1.
[Developed country Parties should cooperate to facilitate and enhance technology transfer for
developing country Parties to implement this instrument*.]
2.
[Parties shall promote and facilitate the development, transfer [on mutually agreed terms], diffusion ofand access to up to date [environmentally sound] technologies addressing plastic pollution [in anenvironmentally sound manner, including those related to collecting, sorting, processing and recycling of plastic
waste as well as those related to safe and sustainable alternatives and non-plastic substitutes]. In implementing
this provision, Parties shall promote and facilitate innovation and [inclusive] investment in pursuit of newtechnologies and innovative solutions, and shall facilitate access to essential technologies, [including withrespect to financial resources and] proprietary rights.]
3.
[Each Party shall ensure freedom of trade and technology transfer in the areas related to theimplementation of the instrument*. In particular, no prohibition or restriction shall be instituted or maintainedon trade in equipment and transfer of technologies related to combating plastic pollution, enhancing waste
management and plastic waste recycling, as well as any other activities covered by the instrument*.]
4.
[Support, including financial support, shall be provided to developing country Parties for the
implementation of this article, including for strengthening cooperative action on technology development andtransfer at different stages of the technology cycle.]OP3 bis Each Party shall compel extended producer responsibility schemes to provide technology for processing
and recovery of plastic products.28
OP3 ter Developed country Parties should cooperate to enhance the capacity of developing country Parties toimplement this instrument*, and guarantee sustainability and capacities developed.
OP3 quater
29

4.

5.

A cooperation mechanism* is hereby established. The cooperation mechanism* shall provide for:a.

A clearing-house platform to enable Parties to access, provide and disseminate information withrespect to activities taking place pursuant to the provisions of this instrument*;b.

Assist Parties to identify their needs for cooperation in science, technology and innovation regarding
the provisions of this instrument*;c.

Facilitate the matching of capacity building needs with the support available and with providers forthe transfer of technology, including governmental, non-governmental or private entities interested inparticipating as donors in the transfer of technology, and facilitate access to related know-how andexpertise;d.

Facilitate scientific, technical and technological cooperation to meet these identified needs;e.

Promote training activities for the benefits of Parties that are developing countries;f.

Facilitate and monitor other multilateral, regional and bilateral cooperation available to Parties thatare developing countries;g.

Perform such other functions as may be determined by the governing body* or assigned to it under
this instrument*.
A cooperation mechanism* committee is hereby established.

6.
The committee shall coordinate the functioning and supervise the efficiency and effectiveness of thecooperation mechanism*. it shall submit reports and recommendations that the governing body* shall consider
and take action on as appropriate.

28 Note by the co-facilitators: This provision is replicated in Part III.1 on Financing.
29 The group has proposed considering the relocation of this provision to Part IV (Section 5) on International

Cooperation of the draft text. However, it has been agreed that discussions will continue under the current section
until further decisions are made.
48

UNEP/PP/INC.5/4

7.
The committee shall consist of members to serve objectively in the best interest of this instrument*,
nominated by Parties, taking into account gender balance and equitable geographical distribution. the terms ofreference and modalities for the operation of the committee shall be decided by the governing body* at its firstmeeting.

Part IV
1.

National [Action] [Implementation] Plans30
1.
Each Party [may decide to] [shall] [is encouraged to] [prepare] [develop [and implement]] national
plans, [based upon national [needs, priorities,] circumstances and [respective] capabilities,] [in order to comply
with obligations created under the instrument*] [to pursue its nationally determined [objective] [plan] of ending
plastic pollution] [to describe the measures it [is taking] and or [intends to take] [to implement the obligations
under this instrument*]] [and any further or additional measures it intends to take] [and to achieve its
objectives] [based upon national circumstances and capabilities]]. [The national plans will be country driven[inclusive and based on best available knowledge and data] [developed in accordance with: (a) [existing]national laws and regulations and (b) domestic circumstances and capabilities].] 31 [Recognising developed
countries take the lead in action and the need to support developing countries for the effective implementationof the objective of the instrument*.] [in accordance with Annex G] [The national plans [shall][should][might][[be [based on] [guided by] [address] the impacts of plastic pollution on socio-economic, human health andenvironment]] and [to the extent possible] [shall] [should] [could] include [but not be limited to] [relevant][elements [necessary measures] related to the [obligations under the instrument*] [effective measures
stipulated in annex X] as well as the needs of support related to those impacts and measures32:]a.
b.

[List of obligations – to be revisited once the obligations have been agreed upon]
[xx].

2.
[Each Party [taking into account its national [context and circumstances] [rules and regulations]][shall][should][may] [prepare the plan [through domestic consultations,] [including with the [relevant][partners and] stakeholders] [with binding actions,] including [quantitative and][measurable] [targets,][formulated in a specific, measurable, achievable, relevant and timebound manner (SMART)] and] [beguided by] [based on] the [modalities] [format] [guidance] [in Annex G] [to be adopted by the governing body*][to fulfil its obligations under the instrument*] [as appropriate]. Such plans should [[be flexible] [andprepared] in light of different national circumstances [and capabilities] [and shall respect nationalsovereignty].] [[National plans [shall][may]] [Parties are encouraged to] include [[targets and actions in the]medium term as well as long term strategies] [in the national plans] [towards achieving the objective [andtargets] of the instrument*.]][OP2 alt No text]
3.
[[A] [Each] Party may [incorporate] at any time [new measures [elements] into] [adjust] its national
plan [with a view to] [in order to [possibly] [enhance] [and] [modify]] its level of ambition] [based uponnational circumstances and capabilities], in accordance with guidance adopted by the governing body*.]OP3 alt No text
4.
Each [developed country] Party [shall] [should] [may] [submit] [communicate] its initial national plan[through the secretariat] [to the governing body*] [to the secretariat] within [X][2][5] year[s] of the date on
which this instrument* enters into force for it [and thereafter provide a review every x years on the progressin meeting its obligations under the Convention, and update its plan as necessary, and include such
reviews in its national reports under article X].
OP4 alt No text

30 Note: The term ‘national plans’ is used without prejudging how members may ultimately choose to refer to theplans. Other options include ‘national action plans’ or ‘national implementation plans’.
31 Note by the co-facilitators: This proposal made under paragraph 3, has been moved to paragraph 1 as analternative, as it relates to the preparation of national plans, in addition to their contents and format.
32 Note by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes,
footnote 4, available at https://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups.
49

UNEP/PP/INC.5/4[[OP4 bis Each developing country Party [and country with economies in transition] could voluntarily[prepare and] communicate its national plan to the governing body* upon availability of and its accessibility
to financial and technical support for this purpose.]]5.
Parties [are encouraged to] [may] [collaborate and] coordinate on the [development] [establishment]
and implementation of [sub-regional and] regional plans to facilitate implementation of this instrument*, asappropriate.
OP5 alt No text
6.
[Developed country] Parties [shall] [should] [may] review, update [and submit] [communicate] to thegoverning body* their national plans [based upon national circumstances and capabilities] [while developed
country parties [shall] [should] [may] report every [5] year[s], and developing country Parties [and countries
with economies in transition] [shall] [should] [may] report] every [X][4][5][10] year[s], and in a manner to be
specified by a decision of the governing body*, [[with each update representing a progression][indicating any
progress made and/or challenges faced] compared to the Party’s previous national plan] [considering different
national circumstances] [including any new obligations].
OP6 alt Each Party [shall] [should] [may] [review and] [update] [modify] its national plan every [X] [5] years[or earlier if determined by the Party,] [based upon national circumstances and capabilities,] [with a view toshowing progress in its implementation] [, in a manner prescribed by the governing body*].
OP6 alt 2 No text
7.
Each [developed country] Party [shall] [should] [may] include information on the implementation of its
national plan towards achieving the objective of this instrument* in its national reports pursuant to [part IV.3
on reporting on progress]. [[In order to assess the progress made in the achievement of the objective,] the Parties[shall] [should] [may] establish a baseline, i.e. a year of reference, [to assess the starting situation with regard[to plastic pollution]]] [towards achieving the objective of this instrument*].
OP7 alt No text
OP7 bis The secretariat [shall] [should] [may] [establish and maintain a public registry to record national plans[submitted] [communicated] by Parties, [with a view to facilitating] [to facilitate] information exchange[among Parties] [and [shall] [may]] [make national plans submitted by the Parties under this article publicly
available].
OP7 ter [Support shall be provided to [developing country] Parties [with limited domestic resources and themost significant capacity gaps] [with a clear distinction between developed and developing countries,
taking into account the internationally agreed principles of equity, common but differentiatedresponsibilities and respective capabilities] [and countries with economies in transition] for the
implementation of this article, recognizing that enhanced support [for developing country Parties] [andcountries with economies in transition] will effectively facilitate their actions both in preparing national plans[and implementing this instrument* at large].33]

2.

Implementation [[and][,] compliance] [and cooperation]34
Option 1
1.
[A [review] mechanism [[including a Committee] as] a subsidiary body of the governing body*] to[facilitate][[and] promote] the implementation [by the Parties] of, [and [promote] [implementation] [review][compliance with,] [and cooperation by the Parties regarding] [the] [all] [provisions] of this instrument*, [topromote cooperation between all Parties] is hereby established.][OP1 alt 2 A mechanism to facilitate implementation of, and [promote][review] [compliance with,] [andcooperation by the Parties regarding all] the provisions of this instrument*, including a committee, is hereby
established.]
33

Note by the co-facilitators: This text is akin to statements included in relation to financing (see OPO s) and may
be able to be further streamlined.
34 The name of the mechanism/committee will be adjusted throughout the article once a decision has been takenon the title.
50

UNEP/PP/INC.5/4

OP1 bis [No Party or any political, economic or financial jurisdiction shall use the elements or componentsof this instrument* as leverage in any bilateral relationships.]2.
The mechanism referred to in paragraph 1 [shall consist of a committee that] shall [be][function in amanner that is] [transparent] [non-intrusive] [facilitative] [non-punitive] [non-adversarial] [expert-based] innature [and [shall] pay particular attention to the respective national [capacities,] [capabilities] [andcircumstances] of Parties35] [at all stages of the review process]. [The committee shall also consider and provide
flexibilities for the developing country Parties [in particular of small island developing States] in the light of
their capacities and capabilities.]]36[OP2 alt The mechanism referred to in paragraph 1 shall be facilitative in nature and shall pay particularattention to the respective national capabilities and circumstances of Parties.]
OP2 bis In carrying out its works, the committee shall strive to avoid duplication of efforts, shall neither function
as an enforcement or dispute settlement mechanism, nor impose [nor advise to impose] penalties or sanctions,and shall respect national sovereignty. [This committee shall protect the confidentiality of the information
received in confidence.]
3.
The mechanism shall operate under the modalities and procedures adopted by the governing body*[which shall consider the needs of developing state Parties,] at its [first] [second] session and shall report to thegoverning body*.
OP3 alt The governing body* of the future instrument* also will consider the reports of this committee andadvise if necessary its guidelines and/or recommendations in a manner that is facilitative, non-intrusive, nonadversarial and non-punitive and shall pay particular attention to the respective national sovereignty andcapacities and capabilities of Parties.
OP3 alt 2 No text.
4.
The committee referred to in paragraph 1 shall [promote implementation of, and review compliancewith, all provisions of this instrument*. It shall] examine [both individual and systemic] implementation [andcompliance] issues [including challenges faced by developing state Parties regarding implementation] and makerecommendations to the governing body*, as appropriate [including for the provision of effective means of
implementation from developed countries to address areas of non-compliance in small island developing
States].37
OP4 alt No text
OP4 bis 38 The committee shall consist of [Parties, as per guidance adopted by the governing body*][[15][17][18] members [nominated by Parties and] [with recognized competence in fields relevant to this
instrument* [including legal or technical expertise]] [striving to reflect a balance of expertise [and on the basisof]] [with due consideration to] equitable geographical representation[, with [three] members [each] from thefive regional groups of the United Nations [and two members from the small island developing States [and one
member representing the Association of South East Asian Nations (ASEAN)]][, taking into account the goal ofgender balance]]. [and thereafter in accordance with the rules of procedure approved by the governing body*
pursuant to paragraph 7.] [The committee and its members shall be independent, transparent, and free fromconflicts of interest.]
5.
Members shall be elected to the committee to serve for a period of [X] years and for a maximum of twoconsecutive terms. The governing body*, at its first session, shall elect [X39] members to the committee for an
35 Note by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes,

footnote 7, available at https://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups.
36 Note by the co-facilitators: this text, originally proposed as an addition to paragraph 1 above, is proposed to beinserted here given its alignment with the functions of alternatives under paragraph 2.
37 Note by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes,
footnote 9, available at https://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups.
38
Note by the co-facilitators: Although this text was initially proposed within paragraph 4, the co-facilitators havedetermined that selection and election of the committee is more appropriately considered in a separate paragraph.
39 To be determined after a decision has been taken on the number of members of the committee in OP4 bis.
51

UNEP/PP/INC.5/4

initial term of [X] years and [X] members for a term of [half of X] years. Thereafter, the governing body* shallelect at its relevant regular sessions [x] members for a term of [X] years. The members and alternate members
shall remain in office until their successors are elected.
OP5 alt No text
6.

[The committee may consider issues on the basis of:]
a.
b.
c.
d.

Written submissions from any Party with respect to its own compliance;[Written submission from any Party regarding another Party’s compliance;]
Requests from the governing body*;[Information provided by the secretariat with respect to the status of submission of information[under [part IV.3 on reporting on progress];][Requests from the secretariat, based on information available to it, inter alia from national reports;][Information available to the committee, inter alia from national reports.]e.
f.

OP6 alt The committee may consider issues as per guidance adopted by the governing body*.
OP6 alt 2 No text.
7.
The committee referred to in this article shall elaborate its rules of procedure, which shall be subject to[approval] [endorsement] by the governing body* at its second session. 40 The governing body* may adopt
further terms of reference for the committee.
OP7 bis The committee shall make every effort to adopt its recommendations by consensus. If all efforts at
consensus have been exhausted and no consensus is reached, such recommendations shall as a last resort beadopted by a [two thirds] [three fourths] majority vote of the members present and voting, [rounded up,] basedon a quorum of [half] [two thirds] of the members.
Option 2
1.
A mechanism to facilitate implementation of, and promote compliance with, the provisions of this
instrument*, including a committee, is hereby established.
2.
The mechanism referred to in paragraph 1 shall consist of a committee that shall be expert-based andfacilitative in nature and function in a manner that is transparent, non-adversarial and non-punitive. The
committee shall pay particular attention to the respective national capabilities and circumstances of Parties.
3.
The mechanism shall operate under the modalities and procedures adopted by the governing body* atits first session and shall report to the governing body*.
4.
The committee may consider issues on the basis of written submissions from any Party with respect toits own compliance.

3.

Reporting on progress [of implementation]
Option 1
1.
Each [developed country] Party shall report to the governing body* on the measures taken to implement
the provisions of this instrument* [and on the effectiveness of such measures] [and the possible challenges inmeeting the objective of the instrument*].
[OP1 bis Each developing country Party may [voluntarily] report to the governing body* on the matters referred
to in paragraph 1 upon availability of and its accessibility to financial and technical support for this purpose.]2.
Each Party shall submit its report referred to in paragraph 1 [and 2] of this article to the secretariat41[who will make it publicly available]. The secretariat shall keep under review and regularly communicate to the40

Note: The rules of procedure may include provisions for non-compliance.

41 Note: The secretariat could be mandated to maintain a registry, i.e., a central data exchange where information

reported by the Parties could be made available.
52

UNEP/PP/INC.5/4

governing body* the status of submissions by Parties of information [in accordance with paragraphs 1, 2 and 3of this article].
3.
Each Party shall include, in its reporting, information provided in accordance with [Part II.13 ontransparency, tracking, monitoring and labelling, paragraphs 2 and 3][, including statistical data on types andvolumes of its production, imports and exports of plastic polymers and products.] 42 [Ensuring transparent
assessment of progress by Parties, visualization of implementations should be realized by using objective dataand its evidence on measures in national action plan and reporting.] [Such data and its evidence include
numerical information on production and consumption, leakage along the value chain, waste generation,collection of waste, recycling (quantity/rates), collection of discharged plastics into the marine and otherenvironments, policy targets and goals reflecting the global goal, detailed roadmap towards the realization of
the targets and goals, and their achievements.]
OP3 alt No text.
4.
The governing body* shall, at its first session, adopt the [reporting intervals] modalities[, common framework] and format for [the reporting][national reporting] [referred to in paragraph 1 of thisarticle, which shall take into consideration the full life cycle of plastics and plastic products,] [including ways
and means to ensure that reporting is specific, measurable, achievable, relevant and timebound ] [while ensuring
complementarity with relevant international instruments and organizations, as appropriate.] [In this regard,
consideration could be given to the submission of short/brief reports on key issues within a specified period anda more comprehensive report at a longer period.]
OP4 bis On an ad hoc basis, the governing body* of the instrument* should encourage reports on relevant
subjects from chemicals-related conventions, conventions related to climate change, biodiversity, and the lawof the sea as well as contributions from multilateral organizations, particularly the World Trade Organization,
World Customs Organization, World Health Organization, and the International Labour Organization.
5.
The governing body* shall, at its first session, adopt the modalities and procedures for review of
information communicated in accordance with this article. [A scientific body should be entrusted with theevaluation, harmonization and centralization of scientific and technical data reported by Parties in national
reports.]
6.
[Each Party shall take measures to ensure mandatory] [The governing body* shall adopt the guidelines
related to] disclosures from businesses[, including the financial sector] on their activities and financial flows
from all sources related to plastic pollution and related sustainable finance practices[provided that there aresafeguards to protect confidential information].
OP6 alt No text
OP6 bis Exchange of information on [Indigenous knowledge] [traditional knowledge, knowledge of Indigenous
Peoples, and local knowledge systems, subject to free, prior and informed consent], even if available, shall be
subject to free, prior and informed consent.
Option 2
1.
Each Party shall report to the governing body*, through the secretariat, [[its national action plans] on themeasures it has taken to implement the [provisions] [obligations] of this instrument* and on the effectivenessof such measures and the possible challenges in meeting the objective of the instrument*]. [Differentiatedreporting timelines for developed and developing country Parties shall be established according to a decision
made by the governing body*.]
OP1 alt No text

42 Note by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes,

footnote 14, available at https://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups.
53

UNEP/PP/INC.5/4

2.
Each Party shall include in its report the information called for in articles [X, X]43 of this instrument*[and should take into account information provided by relevant partners and stakeholders, in particular waste
pickers].
OP2 alt No text
3.
The governing body* shall, at its first session, decide upon the timing and format of the reporting to befollowed by the Parties [while providing flexibility [in the implementation] to developing country Parties] [inlight of their capacities and not creating new burdens for developing country Parties.][, taking into account thedesirability of coordinating reporting with relevant international instruments and organizations, as appropriate].
OP3 bis The Secretariat shall make national reports submitted by the Parties under this article publicly available.
OP3 ter Support shall be provided to developing country Parties for the implementation of this article,
recognizing that enhanced support for developing country Parties will effectively facilitate their efforts to
prepare and update their national reports in accordance with this article.

4.

Periodic assessment and monitoring of the progress of implementation of the
instrument* [and effectiveness evaluation]a.

[Assessment and monitoring[1.
Parties shall, within their capabilities, individually and/or in collaboration with other Parties orcompetent organizations, establish programmes to assess and monitor emissions and releases of plastic into theenvironment, including in the marine environment. This should include:
a.
b.
c.
d.

Establishment of baseline information on the types and volumes of existing plastic pollution in theenvironment;
Periodically collect data and information on the types and levels of plastic pollution in the environment;
Modelling to understand the movement of plastics in air, soil, water, and ecosystems;
The effects of plastic pollution on the environment.]

2.
The measures taken to implement the provisions of this article shall be reflected in the national plancommunicated pursuant to [Part IV.1 on national plans] and monitoring information should be reported to thegoverning body*, pursuant to [Part IV.3 on reporting on progress].
3.
The governing body* at its first session, shall adopt guidelines to facilitate implementation of theobligations set out in paragraph 1, including best available practices and harmonized monitoring methodologies,
including low technology options.
b.]

Effectiveness [Effectiveness evaluation] [Progress assessment]

1. The governing body* shall [establish [a subsidiary body] [an Effectiveness Evaluation and Review
Committee] to] periodically evaluate [in a comprehensive and facilitative manner,] the [implementation][progress] [effectiveness] of the instrument* [to assess collective progress in achieving the objective of the
instrument*] [considering commitments and support provided in light of equity] and make recommendations
accordingly. The terms of reference for the [subsidiary body] [Committee] and the modalities for effectivenessevaluation will be determined by the governing body* at its [_] session.
2.
The governing body* shall, at its first session, [[initiate the establishment of] [arrangements forproviding itself with relevant data and information on plastic pollution]] [adopt] [[the modalities] for the[evaluation][assessment] of [effectiveness] [the implementation] [progress] of the instrument*] in accordancewith the provisions of [Part IV.4a] [this article]. The first [evaluation] [assessment] of [effectiveness] [progress]of the instrument* shall be undertaken no later than [X][4][5][6][8] years after the date of entry into force of the
instrument* and [periodically] thereafter at [intervals to be decided by the governing body* but no later than at]least every [X][4][5] years.
3.
The [evaluation][assessment] shall be conducted on the basis of [best] available scientific,
environmental, technical, financial and economic information, including:

43 Note: The list of relevant articles to be defined.

54

UNEP/PP/INC.5/4

a.
b.
c.
d.

[National reporting pursuant to [Part IV.3 on reporting on progress];][National plans submitted by Parties pursuant to [Part IV.1 on national plans];][[Scientific and s][S]ocioeconomic assessments [pursuant to [Part V.2 on subsidiary bodies]];44][[Scientific assessments and the use of] Best available scientific and technical knowledge[, including
scientific literature [the traditional knowledge of Indigenous Peoples obtained with their free, priorand informed consent,] and other relevant sources;]][Results of assessment and monitoring conducted pursuant to [Part IV.4.a. on assessment andmonitoring];][[Relevant i][I]nformation and recommendations provided by the committee referred to in [Part IV.2
on implementation and compliance mechanism];][Reports and other relevant information on the [alignment of financial flows [and alignment withthe life cycle stages] from all sources with the instrument*’s objective [and targets,]] operation of
the financial [[resources and] [mechanism][assistance]], [technical assistance,] technology transfer[on voluntary and mutually agreed terms] and capacity-building arrangements put in place under
this instrument*; and]
[Relevant reports from the chemicals-related agreements, multilateral environmental agreementsthat deal with climate change, biodiversity, law of the sea as well as multilateral organizations,
including the World Trade Organization, World Customs Organization, World Health Organization,and International Labour Organization;][Other information the governing body* deems relevant.]

e.
f.
g.

h.

i.

OP3 alt The evaluation shall be conducted as per guidance adopted by the governing body*.
4.
The governing body* [shall] [may] take into account the outcomes of the [evaluation][assessment] of[effectiveness][progress] of the instrument* [when determining [if necessary] [any] measures required [toenhance the effectiveness of the instrument*] [to advance in achieving the objective of the instrument*[including measures to support developing countries overcome challenges related to the implementation of the
instrument*]].
[b][c.] Review of [hazardous] chemicals [and polymers] of concern, microplastics and problematic andavoidable products[, and non-plastic substitutes]
Option 0
No text.
Option 1
1.
The governing body* shall conduct, [based on the request of the parties or relevant research
associations,] commencing [X] years after entry into force and at least every [X] years thereafter, a review ofchemicals [and polymers] of concern used in plastic production, intentionally added microplastics and avoidable
plastic products,45 [and non-plastic substitutes,] with a view to assessing the state of knowledge with respect totheir identification, production and use by Parties, and their impact on human health and the environment.
2.
The review referred to in paragraph 1 shall be based on a report by [the expert review body or panel].46
This report may contain [optional advice] [recommendations] to the governing body*[, including with respect
to possible amendments to annexes A and B].47

44 Note: This language assumes that a scientific and/or technical body or review mechanism would be mandated tocarry out scientific and socioeconomic assessments.
45 Note: This proposed text assumes the adoption of annexes A and B as set out in some of the options under Part
II.2 (chemicals and polymers of concern) and Part II.3 (avoidable plastic products, including short-lived andsingle-use products, and intentionally added microplastics).
46
Note: This language assumes that a scientific and/or technical body or review mechanism would be mandated
to carry out this function and any related functions.
47 Co-facilitators’ note: Members may wish to consider the addition of a provision on the process for amendmentof these modalities.
55

UNEP/PP/INC.5/4

3.
In the conduct of its work under this provision, the [the expert review body or panel]48 may [prioritize
substances] [study], products or sectors with high volumes or the greatest likelihood of giving rise to plastic
pollution.49
4.
The governing body* shall consider, in light of the report provided by [the expert review body or panel]50
pursuant to paragraph 2, whether amendments to annexes A and B are warranted.

5.

International cooperation
1.
Parties [are encouraged to] [shall] [cooperate] [promote cooperation] with [each other [on a global basis
and,] as appropriate[, on a regional basis] [through North-South, South-South and triangular cooperation], andwith] relevant intergovernmental organizations [and other entities], including relevant scientific organizations
and bodies, to support the effective implementation of this instrument* and the achievement of its objective,[while avoiding any duplication of efforts][including through strengthening and enhancing cooperation [withand among relevant legal instruments and frameworks, as well as global, regional, subregional and sectoral
bodies]].
2.
Parties [are encouraged to] [shall] promote [as appropriate] the objective of this instrument* whenparticipating in decision-making [in accordance with unique national priorities] [under other relevant legal
instruments, frameworks or global, regional, subregional or sectoral bodies. 51]
3.
Parties [shall] [are encouraged to] promote international cooperation in support of the objective of this
instrument* [as appropriate] through:a.

[The development, transfer, diffusion of and access to technology [on mutually agreed terms] [andtechnical innovation [on mutually agreed terms]], consistent with [Part III.2 on capacity-building,technical assistance and technology transfer], focusing on North -South and triangular cooperation;]b.

The development of research and exchange of information to improve the understanding of plastic
pollution and advance technological innovation, consistent with [Part IV.6 on information exchange
and Part IV.7 on awareness-raising, education and research];c.

The promotion of technical and scientific cooperation, including regional platforms or databases,
technical-scientific cooperation projects, and networks of technical centres;d.

[The implementation of the monitoring obligations [taking into account the needs and capacities ofdeveloping country parties [particularly of small island developing States]] [ including the monitoringof plastics in the environment and the identification of sources of their leakage];]e.

The use of existing information exchange mechanisms to promote knowledge, best environmental
practices and alternative technologies that are environmentally, technically, socially and economically
viable.

f.

[Any other kind of cooperation that may be relevant to the objective of the instrument*.]

OP3 alt No text
4.
The governing body* will invite, as appropriate, input from relevant scientific and technical bodies[,
including the Science Policy Panel to be established in accordance with UNEA resolution 5/8, theIntergovernmental Panel on Climate Change or the Intergovernmental Science-Policy Platform on Biodiversity
and Ecosystem Services [or the Intergovernmental Oceanographic Commission], and other relevant bodies] on
48 Note: This language assumes that a scientific and/or technical body or review mechanism would be mandated

to carry out this function.
49 Members may wish to consider developing a list of considerations in the conduct of the work by the subsidiarybody, including, for example:
a. The potential harm of the polymer, additive or product;b. The contribution of the polymer, additive or product;c. The necessity of the product;d. The availability of safe, sustainable, accessible and economically feasible alternatives and/or substitutes; ande. The degree of economic harm to developing countries, particularly small island developing States.
50
Note: This language assumes that a scientific and/or technical body or review mechanism would be mandated
to carry out this function.
51 Note: Adapted from the Agreement under the United Nations Convention on the Law of the Sea on theconservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Article 8.
56

UNEP/PP/INC.5/4

matters relevant to the fulfilment of its mandate.52 [The governing body* may also consider relevant outcomesfrom the work of the above mentioned scientific and technical bodies.]
OP4 alt No text
5.
[The secretariat [of the instrument* under the guidance of the governing body*]] [The governing body*]
shall [cooperate and collaborate][facilitate cooperation in the exchange of information referred to in this article]
with relevant [international instruments] [,international initiatives] and organizations, [including the secretariats
of relevant international instruments and other international initiatives,] as appropriate, [including] with a view
to [ensuring the greatest level of consistency] [avoiding duplication] among relevant international instruments
and organizations.53
OP5 alt No text
OP5 bis Activities mentioned in the paragraphs above under international cooperation may be conducted, as
appropriate, through the cooperation mechanism* to be established under the instrument*.

6.

Information exchange
1.
Each Party [shall] [is encouraged to] facilitate [and undertake] exchange of information relevant to theimplementation of the instrument* [in a transparent manner] [on best practices and research and technologies][,
including on:a.

Best practices and policies on sustainable consumption and production;b.

Research and technologies [innovation, and green chemistry on voluntary and mutually agreed terms
related to plastic];c.

Knowledge, including [the traditional][Indigenous] knowledge [of Indigenous Peoples obtained with
their free, prior and informed consent] [traditional knowledge, knowledge of Indigenous Peoples, andlocal knowledge systems, in line with free prior and informed consent] [and the knowledge of workers
in the informal plastic sector [including waste-pickers]], inter alia, on environmentally sound waste
management [of plastic waste], sources of plastic pollution, human and fauna and flora exposure toplastic pollution and the associated risk management and [pollution] reduction [policies, actions andother] options;d.

Studies and experiences on circular economy and zero waste initiatives; ande.

[Other innovative solutions.]][OP1 bis Exchange of information on Indigenous knowledge [traditional knowledge, knowledge of Indigenous
Peoples, and local knowledge systems, subject to free prior and informed consent], even if available, shall be
subject to free, prior and informed consent.]
2.
Parties may exchange the information [referred to in paragraph 1] [directly, through an online registry,[a clearinghouse] to be maintained by the secretariat or in cooperation with other relevant international
instruments and organizations, as appropriate] [through the cooperation mechanism* to be established under
this instrument*, particularly through its clearing-house platform].

52

Note: Pursuant to United Nations Environment Assembly resolution 5/8, the Science Policy Panel (SPP) could
support “relevant multilateral agreements, other international instruments and intergovernmental bodies, theprivate sector and other relevant stakeholders in their work”. The exact wording of the proposed language would
need to be finalized considering the outcomes of the work of the open-ended working group established byresolution 5/8 towards the establishment of the future SPP.
53 Note: Adapted from United Nations General Assembly resolution 73/333. The relevant international
instruments and organizations would include, among others, the Basel Convention on the Control ofTransboundary Movements of Hazardous Wastes and their Disposal, the Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, theStockholm Convention on Persistent Organic Pollutants, the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter London Convention and its 1996 Protocol, the International Convention for
the Prevention of Pollution from Ships, the World Customs Organization, the Food and Agriculture Organizationof the United Nations, and the International Labour Organization.
57

UNEP/PP/INC.5/4
54

The Secretariat shall serve as a clearinghouse mechanism for information provided by Parties,
intergovernmental organizations, partners and other stakeholders related to the implementation of the
instrument*.
3.
Each Party shall designate a national focal point for the exchange of information under this instrument*,
including with regard to the prior informed consent of importing States under [Part II.10 on trade in plastics
and plastic products].
OP3 alt No text
4.
Parties are encouraged to learn from and build on existing ongoing processes, initiatives and networks
to share knowledge, [and] highlight successes, [including [examples of] replicating and scaling sustainable
solutions [in addressing plastic pollution]].
5.
Parties exchanging information pursuant to this instrument* shall protect any confidential information
as mutually agreed [and handle Indigenous Knowledge consistent with relevant international norms or
standards].

7.

Awareness-raising, education and research [and development]
Option 1
1.
Parties, individually, jointly or through relevant regional or international bodies or networks, [including
through the cooperation mechanism* to be established under the instrument*] [shall] [should] cooperate topromote awareness on plastic pollution and [contribute to the achievement of] the objective of this instrument*
and to [incentivize] [encourage relevant] behavioural change, capacity-building and the sharing of information,
including on Indigenous, traditional and local knowledge systems [of Indigenous Peoples obtained with theirfree, prior and informed consent] [as appropriate].
OP1 alt Parties shall cooperate in taking measures, as appropriate, to enhance education, training, publicawareness, public participation and public access to information, recognizing the importance of these steps withrespect to enhancing actions under this instrument*.
2.
Each Party [is encouraged to] [shall] [provide environmental, health and sustainability information, and]take [relevant] measures to raise awareness on [plastic pollution and] [contribute to the achievement of] theobjective of this instrument*. This may include measures such as:a.

[Developing a communication and education strategy on the objective of the instrument*, involving[all][relevant] [partners and] stakeholders [as appropriate], including educational and awarenessraising programmes and [citizen][public] campaigns [with a view to creating behavioural change];]b.

Promoting public participation and public access to information;c.

Providing training at the national, regional and international levels[, including exchange visits andspecific dedicated training;]d.

[Including [promoting the inclusion of] issues related to plastic pollution across curricula and practices
in educational institutions [at all levels and in all forms of education]; and]e.

[Developing [regularly-updated and standardized] communication materials [regarding the healthrisks] [on the health impacts] of plastic pollution, [and the importance of behavioural change as wellas] potential alternatives [and the importance of behavioural change [and on just transition].]]OP2 alt Each Party is encouraged to take measures to raise awareness on the objective of this instrument*. This
may include measures such as:a.

Promoting public participation and public access to information;b.

Providing training at the national, regional and international levels.

OP2 bis Sharing of Indigenous Knowledge, even if available, shall be subject to free, prior and informed consent.
3.
Parties shall, within their [respective circumstances] [capabilities], at the national, regional andinternational levels, [including through the cooperation mechanism* to be established under the instrument*][endeavour to] cooperate in promoting and/or undertake relevant research, development, exchange of
information and cooperation [and sharing and disseminating information on plastic] to improve understanding
54 Previously OP5 bis.

58

UNEP/PP/INC.5/4of the impacts of plastic pollution and advance scientific knowledge and promote technological innovation to[prevent and] reduce plastic pollution, including in the marine environment.
[Proposal to have a stand-alone article]
Alt title: [Scientific research, development and innovation][1.
Parties shall endeavour to advance scientific and technological research, development and innovation,
including by:a.

Developing and implementing sustainable and circular plastics approaches and systems-wide
solutions;b.

Enhancing understanding of environmental and human health impacts of plastic pollution andalternative solutions across the full life cycle;c.

Promoting and improving methods for the monitoring and modelling plastic pollution including its
distribution and abundance in the environment;d.

Promoting the collaborative development and use of standardized methods and approaches forenvironmental data collection and analyses, to improve reliability and comparability; ande.

Incorporating Indigenous knowledge and other cultural and socio-economic factors, as appropriate.

2.
Such efforts should support and accelerate solutions across the plastics lifecycle and minimize
unintended consequences.]
Option 3 (proposed to replace Parts IV.6 and IV.7)
Alt title: Awareness-raising, education, and information exchange[1.
Parties shall promote and facilitate public awareness-raising, education, and information exchange
related to plastic pollution and its effects relevant to the implementation of this instrument* and shall promote,as appropriate, such efforts at the regional, national and international levels and cooperate, as appropriate, with
relevant intergovernmental and non-governmental organizations.
2.
Each Party shall promote and facilitate measures to raise awareness, improve understanding, and share
information, such as:a.

Developing a communication and education strategy on the objective of the instrument*, involving[partners and] stakeholders, including educational and awareness-raising programmes and citizen
campaigns;b.

Promoting public participation and public access to information;c.

Providing training at the national, regional and international levels, including exchange visits andspecific dedicated training;d.

Promoting the inclusion of plastic pollution issues across curricula and practices in educational
institutions;3.
Each party shall facilitate exchange of information relevant to the implementation of the instrument*,such as:a.

Best practices and policies on sustainable consumption and production;b.

Research, technologies, innovation, and green chemistry;c.

Knowledge, including Indigenous knowledge, inter alia, on environmentally sound waste
management, sources of plastic pollution, human and fauna and flora exposure to plastic pollution,
health and environmental impacts and the associated risk management and pollution reduction
options.

4.
Parties may exchange the information referred to in paragraph 3 directly, through to be maintained by
the secretariat or in cooperation with other relevant international instruments and organizations, as appropriate.
5.

Each Party shall designate a national focal point for the exchange of information under this instrument*.

6.
Parties are encouraged to learn from and build on existing ongoing processes, initiatives and networks
to share knowledge, and highlight successes, including examples of replicating and scaling sustainable solutions.
7.
Parties exchanging information pursuant to this instrument* shall protect any confidential information
as mutually agreed.]59

UNEP/PP/INC.5/4

8.

[Partner and] Stakeholder engagement
1.
A multi-stakeholder action agenda55 that promotes inclusive, representative and transparent actions andleverages efforts through existing bodies, partnerships and other initiatives is hereby established. The governing
body*, at its first session, shall adopt the modalities for the action agenda.56
2.

The purpose of the multi-stakeholder action agenda is to, among other things:a.

Promote active and meaningful participation of [Indigenous Peoples and] [all] relevant [partners and]stakeholders [including academia, Indigenous Peoples and local communities (IPLC), local
government, and the youth][in particular women, youth and Indigenous Peoples and local
communities, the informal [recycling] sector [and waste pickers] and other vulnerable groups] [andall sectors of the plastic industry] in the development and implementation of the instrument* and toaccelerate ambitious action;b.

Provide a space for relevant [partners and] stakeholders [who wish to do so to report] [to share
information] on action taken in support of the achievement of the objective of this instrument*;c.

Promote ambitious action and cooperation at the local, national, regional and global levels;d.

[In coordination with Parties in their implementation of the instrument*, mobilize] [Support themobilization of] financial and technical resources from [private sector] stakeholders[, including public
and private finance stakeholders] [in support of the implementation of the instrument*];e.

Share knowledge and highlight successes to replicate and scale sustainable [solutions, including in
high-impact sectors and key thematic areas.]

OP2 alt The purpose of the multi-stakeholder action agenda is to promote active and meaningful participationof all relevant [partners and] stakeholders in the development and implementation of the instrument*, throughshare knowledge, opportunities and highlight successes to replicate and scale sustainable solutions.
3.
Each Party shall [encourage relevant [partners and] stakeholders to participate in the multi-stakeholder
action agenda] [incentivize an all-of-society approach to report through the multi-stakeholder action agenda on
measures taken] towards the objective and targets of the instrument*.

8 bis. Health aspects
1.

Parties are encouraged to:a.

Promote the development and implementation of strategies and programmes to identify and protect
populations at risk, particularly vulnerable populations, and which may include adopting sciencebased health guidelines relating to the exposure to plastic pollution, in particular microplastics andrelated issues, setting targets for their exposure reduction, where appropriate, and public education,with the participation of public health and other involved sectors;b.

Promote the development and implementation of science-based educational and preventive
programmes on occupational exposure to plastic pollution, in particular microplastics and related
issues;c.

Promote appropriate health-care services for prevention, treatment and care for populations affectedby the exposure to plastic pollution, in particular microplastics and related issues; andd.

Establish and strengthen, as appropriate, the institutional and health professional capacities for theprevention, diagnosis, treatment and monitoring of health risks related to the exposure to plastic
pollution, in particular microplastics and related issues.

2.

The governing body*, in considering health-related issues or activities, should:a.

Consult and collaborate with the World Health Organization, other relevant intergovernmentalorganizations, and other relevant [partners and] stakeholders as appropriate; andb.

Promote cooperation and exchange of information with the World Health Organization, and otherrelevant intergovernmental organizations, and other relevant [partners and] stakeholders as
appropriate.

55

Note: The multi-stakeholder agenda could alternatively be launched through a decision of the committee as
early as the committee’s third session outside of this instrument*.
56 Note: Modalities of the agenda could be established by the governing body at its first session or alternatively be
included in an annex to this instrument*.
60

UNEP/PP/INC.5/4

Part V
1.

Governing body57
1.

A Conference of the Parties is hereby established.

2.
The first meeting of the Conference of the Parties shall be convened by [placeholder] no later than one
year after the date of entry into force of this instrument*. Thereafter, ordinary meetings of the Conference of theParties shall be held at regular intervals to be decided by the Conference.
3.
Extraordinary meetings of the Conference of the Parties shall be held at such other times as may bedeemed necessary by the Conference, or at the written request of any Party, provided that, within six months of
the request being communicated to the Parties by the Secretariat, it is supported by at least one third of theParties.
4.
The Conference of the Parties shall by consensus agree upon and adopt at its first meeting rules ofprocedure and financial rules for itself and any of its subsidiary bodies, as well as financial provisions governing
the functioning of the Secretariat.
5.
The Conference of the Parties shall keep under continuous review and evaluation the implementation ofthis instrument*. It shall perform the functions assigned to it by this instrument* and, to that end, shall:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

Establish such subsidiary bodies as it considers necessary for the implementation of the instrument*;
Cooperate, where appropriate, with competent international organizations and intergovernmental andnon-governmental bodies;
Take decisions on convening meetings;
Review, evaluate and adopt decisions related to the implementation of the instrument*;
Consider and take any action necessary to achieve the objectives of the instrument*;
Consider matters related to compliance;
Request and consider scientific and technical assessments or reviews from the subsidiary bodies tothe instrument* or any independent body linked to the instrument*;
Oversee the work of subsidiary bodies;
Review information made available to it, including through national reporting and subsidiary bodies;With the help of the subsidiary bodies, providing guidance on financial needs for the implementationof measures;
Consider amendments to the instrument* proposed by the Parties.

6.
The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as
any State not a Party to this instrument*, may be represented at meetings of the Conference of the Parties as
observers. Any body or agency, whether national or international, governmental or non-governmental, that isqualified in matters covered by this instrument* and has informed the Secretariat of its wish to be represented
at a meeting of the Conference of the Parties as an observer may be admitted unless at least one third of theParties present object. The admission and participation of observers shall be subject to the rules of procedure
adopted by the Conference of the Parties.

2.

Subsidiary bodies

57 Note by the secretariat: original footnote omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes, 28

April 2024, footnote 28, available at https://www.unep.org/inc-plastic-pollution/session-4/documents/insession#ContactGroups.
61

UNEP/PP/INC.5/4
The following potential subsidiary bodies have been identified for further consideration:--a scientific, technical, and socio-economic body, including for information-sharing, the identification ofchemicals to be included in the instrument, assessments and recommendations;a compliance and implementation committee (see Part IV of the zero-draft);a clearing house mechanism for exchange of information;a financial mechanism, including to consider availability of resources, funding for developing countries andtransfer of technology (see part V of the zero-draft). A committee would manage the financial mechanism,
including by monitoring financial flows for developing countries;
a committee on means of implementation;
a committee to evaluate the effectiveness of the instrument.

The following approaches to the establishment of subsidiary bodies could be followed by the committee: subsidiary bodies
could be established, and their functions defined, either, within the instrument; or by the Conference of the Parties, if
needed; or a mixture of the two previous approaches.
Specific language will need to be elaborated following further discussion in the committee, including with respect to thecomposition and functions of the relevant bodies, also taking into account written submissions by members during thethird session of the committee.58

3.

Secretariat59
1.

A secretariat is hereby established.

2.

The functions of the secretariat shall be:a.

Preparation and arrangements for meetings of the Conference of the Parties, subsidiary bodies and themultistakeholder action agenda, and to provide them with services as required;b.

To facilitate and coordinate the implementation of the instrument*;c.

Assist Parties, as required, in the exchange of information related to the implementation of the
instrument*;d.

Compile and publish national report submitted by the Parties;e.

To prepare and make available to the Parties periodic reports based on national reporting and othersources of information, as appropriate;f.

To coordinate, as appropriate, with the Secretariats of other relevant international bodies andinstruments;g.

To enter, under the overall guidance of the Conference of the Parties, into such administrative andcontractual arrangements as may be required for the effective discharge of its functions; andh.

To perform the other secretariat functions specified in this instrument* and such other functions as
may be determined by the Conference of the Parties.

3.
[The secretariat functions for this instrument* shall be performed by the Executive Director of the United
Nations Environment Programme until when the Conference of the Parties convenes and decides on the locationof the Secretariat.]
4.
The Conference of the Parties, in consultation with appropriate international bodies, may provide forenhanced cooperation and coordination between the Secretariat and the secretariats other relevant international
bodies;5.
The Conference of the Parties, in consultation with appropriate international bodies, may provide further
guidance on this matter.

58 See INC-3 contact group 3 outcome document, p. 10.
59 The text in this section has been developed following the structure of Minamata Convention, article 24 andRotterdam Convention, article 19. Paragraph 2 on the functions of the Secretariat is based on the elements
reflected in the synthesis report (UNEP/PP/INC.3/INF/1, para. 85). Note by the secretariat: original footnote
partly omitted. See Co-facilitators’ non-paper on subgroup 2.2 outcomes, 28 April 2024, footnote 30, available athttps://www.unep.org/inc-plastic-pollution/session-4/documents/in-session#ContactGroups.
62

UNEP/PP/INC.5/4

Part VI60 Final provisions61
1.

Settlement of disputes
1.
Parties shall seek to settle any dispute between them concerning the interpretation or application of this
instrument* through negotiation or other peaceful means of their own choice.
2.
When ratifying, accepting, approving or acceding to this instrument*, or at any time thereafter, a Party
that is not a regional economic integration organization may declare in a written instrument submitted to the
Depositary that, with regard to any dispute concerning the interpretation or application of this instrument*, it
recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party
accepting the same obligation:
Arbitration in accordance with [the procedure set out in [part [--]/annex [--]] 62 [procedures to be
adopted by the Conference of the Parties in an annex as soon as practicable]63;
Submission of the dispute to the International Court of Justice.

a.
b.

3.
A Party that is a regional economic integration organization may make a declaration with like effect inrelation to arbitration in accordance with the procedure referred to in paragraph 2.
4.
A declaration made pursuant to paragraph 2 or 3 shall remain in force until it expires in accordance with
its terms or until three months after written notice of its revocation has been deposited with the Depositary.
5.
The expiry of a declaration, a notice of revocation or a new declaration shall in no way affect proceedings
pending before an arbitral tribunal or the International Court of Justice, unless the parties to the dispute otherwise
agree.
6.
If the parties to a dispute have not accepted the same means of dispute settlement pursuant to paragraph
2 or 3, and if they have not been able to settle their dispute through the means mentioned in paragraph 1 withintwelve months following notification by one Party to another that a dispute exists between them, the disputeshall be submitted to a conciliation commission at the request of any party to the dispute. [The procedure set out
in [part [--]/annex [--] shall apply to conciliation under this article.]64 [The conciliation commission shall rendera report with recommendations. Additional procedures relating to the conciliation commission shall be included
in an annex to be adopted by the Conference of the Parties no later than at its second meeting.] 65

2.

Amendments to the instrument*
1.

Amendments to this instrument* may be proposed by any Party.

2.
Amendments to this instrument* shall be adopted at a meeting of the Conference of the Parties. The textof any proposed amendment shall be communicated to the Parties by the Secretariat at least six months before
the meeting at which it is proposed for adoption. The Secretariat shall also communicate the proposed
amendment to the signatories to this instrument* and, for information, to the Depositary.
3.
The Parties shall make every effort to reach agreement on any proposed amendment to this instrument*by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall60

Part VI was prepared by the co-facilitators of subgroup 2.2 at the fourth session at the request of the subgroup.

61 Note: This part includes standard text found in existing Multilateral Environmental Agreements, in particularfrom the Minamata Convention on Mercury, the Stockholm Convention on Persistent Organic Pollutants, theUnited Nations Convention to Combat Desertification in those countries experiencing serious drought and/or
desertification, particularly in Africa, and the Convention on Biological Diversity.
62 Minamata Convention on Mercury, article 25.
63
Stockholm Convention on Persistent Organic Pollutants, article 18.
64 Minamata Convention on Mercury, article 25.
65 Stockholm Convention on Persistent Organic Pollutants, article 18.
63

UNEP/PP/INC.5/4

as a last resort be adopted by a [two-thirds]66 [three-fourths]67 majority vote of the Parties present and voting at
the meeting.
4.
An adopted amendment shall be communicated by the Depositary to all Parties for ratification,
acceptance or approval.
5.
Ratification, acceptance or approval of an amendment shall be notified to the Depositary in writing. An
amendment adopted in accordance with paragraph 3 shall enter into force for the Parties having consented to bebound by it on the ninetieth day after the date of deposit of instruments of ratification, acceptance or approvalby at least three-fourths of the Parties that were Parties at the time at which the amendment was adopted.
Thereafter, the amendment shall enter into force for any other Party on the ninetieth day after the date on whichthat Party deposits its instrument of ratification, acceptance or approval of the amendment.

3.

Adoption and amendment of annexes
1.
Annexes to this instrument* shall form an integral part thereof and, unless expressly provided otherwise,a reference to this instrument* constitutes at the same time a reference to any annexes thereto.
2.
Any additional annexes adopted after the entry into force of this instrument* shall be restricted toprocedural, scientific, technical or administrative matters.
3.
The following procedure shall apply to the proposal, adoption and entry into force of additional annexes
to this instrument*:a.

Additional annexes shall be proposed and adopted according to the procedure laid down in paragraphs[[--] of article [--]] 1–3 of [article on Amendments to the instrument*];b.

Any Party that is unable to accept an additional annex shall so notify the Depositary, in writing, within
one year from the date of communication by the Depositary of the adoption of such annex. The
Depositary shall without delay notify all Parties of any such notification received. A Party may at any
time notify the Depositary, in writing, that it withdraws a previous notification of non-acceptance inrespect of an additional annex, and the annex shall thereupon enter into force for that Party subject to
subparagraph (c); andc.

On the expiry of one year from the date of the communication by the Depositary of the adoption of anadditional annex, the annex shall enter into force for all Parties that have not submitted a notificationof non-acceptance in accordance with the provisions of subparagraph (b).

4.
The proposal, adoption and entry into force of amendments to annexes to this instrument* shall be
subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to the
instrument*, except that an amendment to an annex shall not enter into force with regard to any Party that has
made a declaration with regard to amendment of annexes in accordance with paragraph 5 of [article on
Ratification, Acceptance and Approval], in which case any such amendment shall enter into force for such a
Party on the ninetieth day after the date it has deposited with the Depositary its instrument of ratification,
acceptance, approval or accession with respect to such amendment.]
5.
If an additional annex or an amendment to an annex is related to an amendment to this instrument*, theadditional annex or amendment shall not enter into force until such time as the amendment to the instrument*
enters into force.68

66 United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or

Desertification, particularly in Africa, article 30; Convention on Biological Diversity, article 29.
67
Minamata Convention on Mercury, article 26; Stockholm Convention on Persistent Organic Pollutants, article
21.
68 Minamata Convention on Mercury, article 27.
64

UNEP/PP/INC.5/4

4.

Right to vote1.

Each Party to this instrument* shall have one vote, except as provided for in paragraph 2.

2.
A regional economic integration organization, on matters within its competence, shall exercise its rightto vote with a number of votes equal to the number of its member States that are Parties to this instrument*. Suchan organization shall not exercise its right to vote if any of its member States exercises its right to vote, and viceversa.69

5.

Signature
This instrument* shall be opened for signature at [city], [country], by all States and regional economic
integration organizations [from [--] to [--], at the United Nations Headquarters in New York [from [--] to [--].

6.

Ratification, acceptance, approval or accession
1.
This instrument* shall be subject to ratification, acceptance or approval by States and by regional
economic integration organizations. It shall be open for accession by States and by regional economic integration
organizations from the day after the date on which the instrument* is closed for signature. Instruments ofratification, acceptance, approval or accession shall be deposited with the Depositary.
2.
Any regional economic integration organization that becomes a Party to this instrument* without any of
its member States being a Party shall be bound by all the obligations under the instrument*. In the case of suchorganizations, one or more of whose member States is a Party to this instrument*, the organization and its
member States shall decide on their respective responsibilities for the performance of their obligations under the
instrument*. In such cases, the organization and the member States shall not be entitled to exercise rights under
the instrument* concurrently.
3.
In its instrument of ratification, acceptance, approval or accession, a regional economic integration
organization shall declare the extent of its competence in respect of the matters governed by this instrument*.
Any such organization shall also inform the Depositary, who shall in turn inform the Parties, of any relevant
modification of the extent of its competence.
4.
Each State or regional economic integration organization is encouraged to transmit to the Secretariat at
the time of its ratification, acceptance, approval or accession of the instrument* information on its measures toimplement the instrument*.
5.
In its instrument of ratification, acceptance, approval or accession, any Party may declare that, withregard to it, any amendment to an annex shall enter into force only upon the deposit of its instrument of
ratification, acceptance, approval or accession with respect thereto.

7.

Entry into force
1.
This instrument* shall enter into force on the ninetieth day after the date of deposit of the fiftieth
instrument of ratification, acceptance, approval or accession.
2.
For each State or regional economic integration organization that ratifies, accepts or approves this
instrument* or accedes thereto after the deposit of the fiftieth instrument of ratification, acceptance, approval oraccession, the instrument* shall enter into force on the ninetieth day after the date of deposit by such State or
regional economic integration organization of its instrument of ratification, acceptance, approval or accession.
3.
For the purposes of paragraphs 1 and 2, any instrument deposited by a regional economic integration
organization shall not be counted as additional to those deposited by member States of that organization.

69 Minamata Convention on Mercury, article 28; Stockholm Convention on Persistent Organic Pollutants, article

23.
65

UNEP/PP/INC.5/4

8.

Reservations
No reservations may be made to this instrument*.

9.

Withdrawal
1.
At any time after three years from the date on which this instrument* has entered into force for a Party,
that Party may withdraw from the instrument* by giving written notification to the Depositary.
2.
Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositaryof the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.

10.

Depositary
The Secretary-General of the United Nations shall be the Depositary of this instrument*.

11.

Authentic texts
The original of this instrument*, of which the Arabic, Chinese, English, French, Russian and Spanish texts areequally authentic, shall be deposited with the Depositary.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this instrument*.
Done at [--] on this day of [--], [--].

66

UNEP/PP/INC.5/4

Possible annexes to the instrument70
1.

Indicative list of potential annexes71
Annex A

Primary plastic polymers, and chemicals and polymers of concern72

Part I Primary plastic polymers
Option 1
Global baseline, timeframe(s) and reduction target
Option 2
Global baseline, timeframe(s) and global target

Part II Chemicals and polymers of concern
Option 1
Criteria for the determination of chemicals and polymers of concern 73
List of chemicals and polymers subject to prohibition or restrictions and applicable control measures(including exclusions and phase-out dates as relevant)Harmonized information disclosure, marking and labelling requirements
Option 2
List of chemicals and polymers to be prohibited or restricted
Harmonized information disclosure, marking and labelling requirements
Option 3
Criteria for the determination of chemicals and polymers with potential for adverse impacts on humanhealth or the environment
Annex B

Problematic and avoidable plastic products, including short-lived and single-use plastic products
and intentionally added microplastics74

a.

Problematic and avoidable plastic products, including short-lived and single-use plastic products
Option 1
Part I Criteria for the determination of plastic products
Part II List of plastic products subject to phase-out measures (including a timeframe)75
Part III List of plastic products subject to reduction measures (including a timeframe)
Option 2
Part I Criteria for the determination of plastic productsb.

Intentionally added microplastics
Option 1
Part IV List of allowed uses of microplastics

70 The possible annexes identified in this section include the indicative list of potential annexes contained in

document UNEP/PP/INC.4/3, in accordance with the mandate for the preparation of this compilation text, as wellas the text of proposed annexes relating to elements II.2, II.3 and II.5 as contained in the outcome document ofsubgroup 1.2 at the fourth session.
71 Reproduced from document UNEP/PP/INC.4/3. The identification of “options” within each potential annex has
been adapted for clarity, to account for the further development of the relevant draft text options since theissuance of UNEP/PP/INC.4/3.
72 See also below section 2, Proposed annexes relating to element II.2.
73 See UNEP/PP/INC.2/INF/4, II.B for potential criteria to determine polymers and chemicals of concern
identified in Member submissions to the committee’s second session.
74
See also below section 3 Proposed annexes relating to elements II.3 and 3bis.
75 See UNEP/PP/INC.2/INF/4 section II.A for potential criteria for the determination of problematic andavoidable plastic products identified in member submissions to the committee’s second session.
67

UNEP/PP/INC.5/4

Option 2
Part V Global criteria for the national determination of the list of plastics and products containing
intentionally added microplastics
Annex C

Product design, composition and performance76

Part I Design and performance criteria
Option 1
Minimum design and performance criteria for plastics and plastic products
General design and performance criteria77
Sectoral design and performance criteria78
Other related elements, including in relation to certification and labelling as relevant
Option 2
General and/or sectoral elements relating to the establishment of design and performance criteria,
including in relation to certification and labelling, as relevantPart II Targets for reduction, reuse, refill and repair
Minimum targets for reduction, reuse, refill and repair of plastics and plastic products
General targets
Sectoral targets

Part III Use of safe post-consumer recycled plastics
Option 1
Minimum percentages of safe and environmentally sound post-consumer recycled plastic
General targets, including timeframe for their achievement
Sectoral targets, including timeframe for their achievement
Option 2
General and/or sectoral elements relating to the establishment of minimum recycled content
requirements and targets
Annex D

Modalities for the establishment and operation of EPR systems based on common principles
For Option 1 only.79

Annex E

Emissions and releases of plastic through its life cycle
Option 1
Sources of emissions and releases of plastic polymers, plastics, including microplastics, and plastic
products, including a timeline80

Annex F

Waste management
Part I Minimum safe and environmentally sound collection, recycling and disposal rates for plastic
wastePart II Harmonized indicators for development of nationally determined targets and minimum
requirements

76 See also below section 4, Proposed annex relating to element II.5.
77 See UNEP/PP/INC.2/INF/4 section II.D for potential general criteria for design and production of plastic

products and packaging across the life cycle identified in member submissions to the committee’s second session.
78 See UNEP/PP/INC.2/INF/4 section II.D for potential products or sectors in respect of which specific criteria
could be developed identified in member submissions to the committee’s second session.
79 See UNEP/PP/INC.2/INF/4, section III.A, for potential elements relating to extended producer responsibility
systems identified in member submissions to the committee’s second session.
80 See UNEP/PP/INC.2/INF/4, section II.F, for potential sources and general and sectoral measures to reduce and,
where feasible, eliminate releases of plastics to water, soil and air identified in member submissions to thecommittee’s second session.
68

UNEP/PP/INC.5/4

Part III List of waste management practices that may lead to the emissions and releases of hazardous
substancesPart IV List of hazardous emissions and releases to be regulated from plastic waste management
Annex G

Format for national plans
Content of the national plan, including suggested steps and suggested table of contents

Annex [X] Effective measures at each stage of plastic lifecycle81
1.

Entire stagea.

2.

Establish an effective mechanism in society to promote plastic circularity and prevent leakageof plastics to the environment, including marine environment through a whole-of -society
approach by adopting integrated and holistic national policies (*)

Production stagea.

Reduce plastic use out of the loop of plastic circularity, including but not limited to thefollowing elements:
i.
ii.
iii.
iv.

v.
vi.
vii.

3.

Promote plastic circularity through a whole-of-society approach (*)
Proper treatment of chemicals and polymers of concern, and problematic avoidable
plastic products, including intentionally added microplastics (*)
Reduce single-use plastics (*)
Adopt and enhance sustainable product design and performance criteria, by production
improvement such as volume reduction, simplification of packaging, ensure long lifeof plastics, reuse of parts, use of mono materials, making it easier to break apart, sortout, and transport for ease of recycling (*)
Develop and encourage use of sustainable non-plastic substitutes (*)
Establish and operate extended producer responsibility systems
Prevent the emissions and releases of plastics throughout its life cycle (*)

b.

Collect and recycle used plastics by production sectors (promotion of reuse and recycling,
improvement of reuse and recycling rate of plastics) (*)

c.

Promote evaluation of plastic product footprints on the environment, sharing information on
product materials, cooperation between stakeholders, and standardization of product designand development of relevant guidelines.

Distribution/sale/consumption stagea.

Reduce single-use plastics (*)

b.

Collect and recycle used plastics by distribution/sale/consumption sectors (promotion of reuse
and recycling, improvement of reuse and recycling rate of plastics) (*)

c.

Introduction of product take-back and right-to-repair requirementd.

Introduction of product and service delivery systemse.

Introduction of deposit refund schemef.

Supporting the development of skills and infrastructure for reuse, recycling, repair,
repurposing and refurbishment of plastic productsg.

Economic instruments such as fees, tax incentives, subsidies, and subsidy reform, as
appropriateh.

Leveraging public procurementi.

Raising-awareness of the problem of global plastic pollution and the importance of consumers’
and vendors’ behavioural changes in plastic use (*)

81 See proposed overarching provision at p. 41.

69

UNEP/PP/INC.5/4

4.

5.

Waste management and disposal stagea.

Develop national sound waste management policies based on the appropriate priorities ofwaste management including waste preventionb.

Ensure safe and environmentally sound waste management at its different stages, including
handling, sorting, collection, transportation, storage, recycling, and final disposal of plastic
waste (*)

c.

Enhance recycling and treatment capacity in light of current consumption level and future
projections to ensure environmentally sound waste management (*)

d.

Prevent open dumping, ocean dumping, littering and open burning (*)

e.

Invest in waste management systems and infrastructure (*)

f.

Incentivize behavioural changes throughout the value chain and raise consumer awareness on
sustainable consumption (*)

Cross-cutting elementsa.

Existing plastic pollution, including in the marine environment
i.
ii.
iii.

cooperate to assess, identify and prioritize accumulation zones, hotspots and sectors (*)
take effective mitigation and remediation measures, including clean-up activities (*)
promote engagement for the local population and citizens in safe and environmentallysound remediation activities (*)

b.

Just transitionc.

International and, as appropriate, regional cooperation (*)

d.

Information exchange (*)

e.

Awareness-raising, education and research (*)

f.

Stakeholder engagement (*)

g.

other effective measures that can be adopted by the Conference of Parties taking into accounttechnological development, and scientific and socioeconomic assessments (*)(*): mandatory measures

70

UNEP/PP/INC.5/4

2.

[Proposed annexes relating to element II.2
Option 0
No text
Option 1
Chemicals and polymers of concern
Part A Criteria for identifying chemicals of concern in plastics
i. carcinogenic, mutagenic or reprotoxic (CMRs category 1A or 1B)
ii. specific organ toxicity with chronic effects (STOT RE)
iii. endocrine disrupting chemicals (EDCs HH and/or ENV)
iv. persistent, bioaccumulative and toxic (PBTs)
v. very persistent and very bioaccumulative (vPvBs)
Part B Chemicals of concern in plastics for ban or elimination under the instrument*
PhthalatesDi(2-Ethylhexyl)Phthalate (DEHP)
Dibutyl phthalate (DBP)
Benzyl butyl phthalate (BBP)
Diisobutylphthalate (DIBP)
Bisphenols
Bisphenol A (BPA)
Alkylphenols
Nonylphenol (NP)4-tert-Octylphenol (4t-OP)
Flame retardants
Tris(2-carboxyethyl)phosphine hydrochloride (TCEP)
Metals and metal compounds
Cadmium and cadmium compounds
Lead and lead compounds(Timeframes and specific exemptions to be decided)
Part C Groups of Chemicals of concern in plastics to avoid and minimize under the instrument*
Phthalates
Bisphenols
UV-stabilizers (benzotriazoles)
PFASs
Alkylphenols
Flame retardants (brominated, chlorinated, organophosphorus)
Metals, metalloids and metal compounds][Option 2
Chemicals and groups of chemicals of concern
1.

Screening criteria for determination of chemicals and groups of chemicals of concern:
•
•
•
•
•
•
•
•
•

Carcinogenic, mutagenic, or toxic for reproduction (CMR)
Persistent, Bioaccumulative and Toxic (PBT)
Very persistent and very accumulative (vPvB)
Equivalent Level of Concern to the above criteria (or any wording referring to the same
concept)
Long range transport potential (LRT potential)
Endocrine disruptor (ED)
Persistent, mobile and toxic (PMT)
Very persistent and very mobile (vvM)
Specific target organ toxicity (STOT)
71

UNEP/PP/INC.5/4•
2.

Respiratory and skin sensitizers
List of chemicals and groups of chemicals of concern subject to control measures (including
restrictions as relevant)Chemicalgroup/ use
criteria

Plasticizer

CMR

Flame
retardant

CMR

Stabilizer

PBT/vPv B

Bisphenols

Metal andmetal
compounds

UV-350 UV-320
UV-327

Chemicalname and
CASnumber
117-81-7
84-74-2
85-68-7
84-69-5
115-96-825155-23-1
36437-37-3
3846-71-7
3864-99-1

BPA

80-05-7

Hazardcriteria

CMR,
STOT,
EDC

Entries
DEHP
DBP
BBP
DIBP
TCEP
TXP

Cadmium compounds
CMR
Lead compounds

Possible
restriction

Severalexamples e.g.
see below
Many
examples e.g.
see below…
Metal and metal compounds details
Cadmium compounds(examples)

Lead compounds(examples)

72

Examples listed
1306-19-0
10124-36-4
542-83-6
17010-21-8
7790-79-6
10190-55-3
7758-95-4
7439-92-1
16183-12-3
17976-43-1
12141-20-7
13698-55-0
12626-81-2
61790-14-5
68784-75-8
598-63-053807-64-0
13424-46-9
1072-35-1
7446-14-2
91031-62-8
15845-52-0
12065-90-6
12036-76-9
1344-38-3
1317-36-8

7790-80-94464-23-7
10108-64-2
1306-23-6
513-78-0
1319-46-6
6838-85-3
68605-98-1
57142-78-6
51404-69-4
7758-97-6
17570-76-2
15245-44-0
10099-74-8
11120-22-2
69011-06-990583-37-2
15739-80-7
12202-17-4
13814-96-5
12578-12-0
1314-41-6
62229-08-7
6080-56-4
52732-72-6
1335-32-6

UNEP/PP/INC.5/4

6477-64-1
56189-09-4
52652-59-2
78-00-2
816-68-2
8012-00-8
7428-48-0
16038-76-9
20837-86-9
12060-00-3
1344-40-7
3.

7784-40-9
301-04-2
1344-37-2
7439-92-1
75-74-1
7446-27-7
12656-85-813453-65-1

List of chemicals and groups of chemicals of concern subject to control measures (including
restrictions as relevant) in plastic products:
Chemical group/
use criteria

Hazardcriteria

Entries

Chemical name andCAS- number

Possible restriction at
product level..
4.

Criteria for exemptions

5.

Register of exemptions

6.

Harmonized information disclosure, marking and labelling requirements

7.
List of non-intentionally added substances, unreacted monomers and unintentional formed
impurities in plastic and plastics products subject to prevention and monitoring
6.
]]

3.

Proposed annexes relating to elements II.3 and 3bisa. [Proposed annex B
Option 0
No text
Option 1
Criteria
Part A: Problematic criteria
1.

Likelihood of the product causing harm to the environment, biodiversity, or human health during its
lifecycle, for one or more of the following reasons:[a pre: The presence of one or more chemicals of concern in part 2 of annex A.]
a. Likelihood of the product emitting harmful by-products, emissions, or releases during its lifecycle,
and this likelihood consists of one or more of the following:i.
ii.

Likelihood that the product rapidly breaks down into fragments or microplastics
Likelihood that part of the product rapidly breaks down into fragments or microplastics

b. Likelihood of product, by-products, emissions, or releases from the product entering anenvironment, including through direct application, where the environment and biodiversity issusceptible to harm and the likelihood of harm occurring, and this likelihood consists of one ormore of the following:i.

Likelihood of ingestion by animals and organisms
73

UNEP/PP/INC.5/4

ii.
iii.
2.

Likelihood to create animal entanglement
Likelihood of item being littered

The product disrupts circularity for one or more of the following reasons:
a.
b.
c.
d.

The product is inherently short-lived or single use
It is not reusable, recyclable [, or compostable] in practice and at scale
It disrupts the ability of other items to be recycled [or composted]
It negatively affects the quality or safety of the end-product of the recycling [or composting]process

Part B: Avoidable criteria
The product is avoidable for one or more of the following reasons:1.

The product’s use is not essential

2.

The product can be replaced or its design improved to increase, as appropriate, its durability,
reusability, refillability, refurbishability and its capacity to be repurposed and recycled
a.
b.
c.
d.
e.

The problematic plastic component or components can be removed from the product without
significantly impeding its functionality
A feasible reuse, refill, or remanufacture business model or other practice is available
The product or any problematic plastic component or components of the product can be replacedusing a more sustainable material without significantly impeding functionality
The product’s design can be improved by increasing its reusability, or recyclability
Options for improved resource efficiency exist or can be developed, including its lifetime
durability]b. [Annex X - Products
Option 0
No text
Option 1
The following products are excluded from this Annex:a.
b.

Specific products essential for medical uses where no feasible alternative is available; andProducts essential for military uses where no feasible alternative is available.
Products subject to Elimination

Plastic Products

Date after which the manufacture, import, or export of the
product shall not be allowed (phase-out date)

EPS (Expanded Polystyrene)
packaging

2030

PS (Polystyrene) packaging

2030

PVC (Polyvinyl chloride) packaging

2030

PVDC (Polyvinylidene chloride, or
polyvinylidene dichloride) packaging

2030

PETG (Polyethylene terephthalate
glycol) packaging

2030

Oxo-degradable products

2030

Intentionally-added microplastics

2030

Single use and short-lived plastic
products (to be specified)

TBD[Cigarette filters]]
74

UNEP/PP/INC.5/4

c. [Annexes B][Option 0
No text][Option 1
3.a
Problematic andavoidable plastic
products

Part I: Criteria for the determination of plastic products for regulation underPart II.3:
Part I.1 Criteria for the determination of problematic plastic products:
The criteria proposal to define problematic plastic products will be basedon potential impact on health and the environment or the risks forpolluting the environment, e.g.:o Potential impact/hazard on human health and environment
linked to the intrinsic properties as well as its use;o Propensity of products to rapidly break down into microplastics;
o Propensity to impede reuse, refill, recyclability, …
o ...
Part I.2: Criteria for the determination of avoidability of problematic
plastic productso Criteria to definePart II: List of plastic products subject to phase-out measures (including atimeframe), e.g.:
Plastic Products

Phaseout date

Products made from oxodegradable plastic
Beverage containers and cups for beverages, including
covers and lids made from EPS, XPS or other types of
expanded plastics
Ready to eat' food containers made from EPS, XPS or othertypes of expanded plastics
Single use plastic sticks to be attached to and to support
balloons
Single use plastic straws, except for medical uses
Single use plastic beverage stirrers
Single use plastic plates
Single use plastic cutlery (forks, knives, spoons, chopsticks)
Single use plastic cotton bud sticks, except for medical uses
PVC Packaging...
Part III: List of plastic products subject to reduction measures and design
improvement, e.g.:
Plastic Products
Single use plastic cups
Lightweight and very lightweight plastic carrier bags
Food containers, i.e. receptacles such as boxes, with or without a cover,used to contain food which:(a) is intended for immediate consumption, either on-the-spot or takeaway,(b) is typically consumed from the receptacle, and(c) is ready to be consumed without any further preparation, such as
cooking, boiling or heating,75

UNEP/PP/INC.5/4

including food containers used for fast food or other meal ready for
immediate consumption, except beverage containers, plates and packets
and wrappers containing food.
…
Part IV: Criteria for exemptions
Part V: Register of exemptions
3.b. Microplastics
on their own andintentionally added
microplastics
inplastic and plastic
products

Part VI: List of essential or allowed uses of microplastics[Part VII: Criteria for exemptions
Part VIII: Register of exemptions]]

4.

Proposed annex relating to element II.5
[Option 0
No text][Option 1]
The following elements should be considered in the product design stage:＜Structure of Product＞
1.

Reduction in volume of plastic use. Use the smallest volume of material as much as possible.

2.

Simplified packaging. Restrain excessive packaging.

3.

Longer use and longer service life. Enhance the durability of the product. The product is able towithstand repeated use. The parts of the product are easily replaceable. The product is easily
repairable.

4.

Use of easily reusable parts or reuse of parts. Use parts that are easily reusable. Reuse parts.

5.

Use of Single materials or reduction of material types. Use a single material for the product as awhole or parts thereof, or reduce the material types used.

6.

Easier disassembly and separation. The parts are easily disassembled and sorted by components.
(Easier removal of lithium-ion batteries from other parts of the product is better.) The numberof processes required to remove parts, etc., is minimized as much as possible. The types ofmaterials used are indicated.

7.

Easier collection and transportation. The weight, size, shape, and structure of the product are tofacilitate easier collection and transportation as much as possible.

8.

Easier crushing and incineration. Easier crushing and incineration for parts that are difficult toreuse or recycle.

＜Materials of Product＞
1. Substitution of materials other than plastic
Substitute materials other than plastic.
2. Use of easily-recyclable materials
Use easily-recyclable materials.
Reduce material types.
Avoid using additives and other materials, that hinder recycling.
3. Use of recycled plastics. Use recycled plastics.
4. Use of bioplastics
76

UNEP/PP/INC.5/4

Use biomass (bio-based) plastics from renewable organic resources such as plants.
Use biodegradable plastics for products that tend to unavoidably leak to natural environment,
taking into account the conditions in which biodegradation occurs.

___________________

77