Trade-related considerations in the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment

In the context of the second part of the fifth session of the Intergovernmental Negotiating Committee (INC-5.2) on plastic pollution, INC members are reviewing a range of trade-related issues and provisions. Promoting sustainable production and consumption of plastics—a core part of the INC mandate—is intrinsically about transforming trade and supply chains. Given the magnitude of trade flows across the life cycle of plastics, a number of proposed treaty provisions to protect human health and the environment from the adverse impacts of plastic pollution will have direct or indirect implications on trade, and indeed are, in some instances, explicitly proposed to end or shape certain trade flows. This briefing note provides a synopsis of how trade-related issues and considerations are arising in the INC discussions, accompanied by annexes that provide illustrative examples of approaches in existing multilateral environmental agreements (MEAs). The considerations are clustered under four broad headings: 1. Trade issues related to obligations proposed for inclusion in the treaty. 2. Issues related to the risk of arbitrary or unjustified trade discrimination and disguised protectionism. 3. Issues related to the ability of parties to meet trade-related obligations proposed for inclusion in the treaty, including costs of implementation. 4. The relationship with other international treaties and processes.