The third session of the Intergovernmental Negotiating Committee (INC-3) to develop an international legally binding instrument on plastic pollution started last Monday, November 13, and will take place until November 19, 2023, at the UN Environment Programme headquarters in Nairobi, Kenya. The target is to have a legally binding treaty by the end of 2024. There is already a draft text of the treaty which can be viewed at https://www.unep.org/inc-plastic-pollution/session-3/documents#WorkingDocuments.
The scope of the agreement as discussed in previous meetings is the long-term elimination of plastic pollution based on a comprehensive approach that addresses the full life cycle of plastic. The scope of the treaty is suggested to be broad enough to cover plastic pollution affecting all ecosystems, including releases in air, water and soil, and that different geographical specificities, including terrestrial and marine and coastal environments, freshwater and mountain areas.
Like in other treaties, I’m sure there will be tough negotiations because of the possible adverse impact to the economy of cutting down the production of plastic products as what some scientists are proposing. This group of researchers are saying that the treaty must prioritize "upstream" issues like cutting total production and consumption of plastics, phasing out hazardous chemicals and tackling fossil fuel subsidies.
The Philippines, which has been labeled as one of the worst plastic polluters in the world, has already started addressing plastic pollution. We already have Republic Act 11898 or the Extended Producer Responsibility Act of 2022, which was implemented this year. Companies who generate plastic packaging waste and have total assets exceeding Php100 million (excluding land) are covered by the law. These companies, referred to as Obliged Enterprises (OE’s), are required to reduce or recover their plastic waste.
Plastic packaging products that must be recovered are sachets, labels, laminates and other flexible plastic packaging products, whether single layer or multi-layered with plastics or other materials. Also included are rigid plastic packaging products like containers for beverages, food, personal care and cosmetic products like shampoo. Plastic bags and polystyrene (popularly known as Styrofoam) are also included.
The law mandates the reduction of plastic packaging waste and/or recovering them after their use. Strategies in waste reduction include shifting to reusable and /or recyclable packaging, incorporating recyclable content in the products and adopting refill programs. By December 31 this year, OE’s are should have recovered at least 20% and by December 2028, the recovery rate should at least be 80%.
I’m guessing that the successful implementation of RA 11898 may qualify as compliance to the Global Plastics Treaty once it is ratified. Another possible compliance is the implementation of the prohibition of non-environmentally acceptable products in the Ecological Solid Waste Management law, or RA 9003. Another measure that the government is proposing, the tax on single-use plastic, may be added too.