Marine Pollution: Protection of the Marine Environment from Land-Based Activities

(1) International and Regional

(A) Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols (Barcelona Convention)

The twenty-third Meeting of the Parties to the Barcelona Convention and its protocols took place on 5–8 December in Portoroz, Slovenia (<https://www.unep.org/unepmap/meetings/COP23-Portoroz>). Among resolutions on climate change and biodiversity, it sought to address pollution from land-based sources through the creation of legally and time-bound regional plans on agriculture, aquaculture, and urban stormwater management and related regulatory measures. These were adopted in line with Article 15 of the Land-based Sources Protocol to the Barcelona Convention. There was also a commitment in regard to the global negotiations for a legal instrument regarding plastic pollution, including in the marine environment, and a commitment with respect to the ongoing work on the international management of chemicals (Barcelona Convention COP23 commits to a green transition in the Mediterranean (8 December 2023) <https://www.unep.org/unepmap/news/press-release/barcelona-convention-cop23-commits-green-transition-mediterranean-adopts-ambitious-measures>; see also COP-23 Outcome Documents, UNEP Doc. UNEP(DEPI)/MED IG.26 (2023) <https://www.unep.org/unepmap/meetings/cop-decisions/cop23-outcome-documents>).

(B) UN Environment Assembly (UNEA) Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment

In March 2022, UNEA Resolution 5/14 was adopted at the fifth session of UNEA (UNEA 5.2) to develop an internationally legally binding instrument (ILBI) on plastic pollution, including in the marine environment. Following the convening of an Intergovernmental Negotiating Committee (INC) to Develop an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment, which is to address the full cycle of plastic, including its production, design, and disposal, the following are the major updates of the creation of this instrument (<https://www.unep.org/inc-plastic-pollution>).

(i) INC-2

The second meeting of the INC (INC-2) was held on 29 May–2 June in Paris, France. This meeting was an extension of the first INC on 29 November–2 December 2022. The main agenda of the meeting was the preparation of an ILBI on plastic pollution, including in the marine environment. Based on the negotiations by the participating parties and groups, the INC Chair was requested to prepare a zero draft text of the ILBI for consideration at INC-3. The secretariat was also requested to invite submissions from observers and members (‘Earth Negotiations Bulletin,’ International Institute for Sustainable Development (29 May–2 June 2023) <https://enb.iisd.org/plastic-pollution-marine-environment-negotiating-committee-inc2>; see also the Report of the Meeting, UNEP Doc. UNEP/PP/INC.2/5 (2023) <https://wedocs.unep.org/bitstream/handle/20.500.11822/42953/FinalINC2Report.pdf>).

(ii) INC-3

The third meeting of INC (INC-3) was held in Nairobi, Kenya, on 13–19 November. In line with the resolution of the INC-2, a zero draft was introduced, and its six parts were extensively discussed. However, a single draft did not emerge as an outcome of the meeting, after which it was agreed that INC-4 would have to discuss a revised zero draft that would consist of the co-facilitators’ discussions and submissions in INC-3 and the contact groups’ outcomes (‘Earth Negotiations Bulletin,’ International Institute for Sustainable Development (13–19 November 2023) <https://enb.iisd.org/plastic-pollution-marine-environment-negotiating-committee-inc3>; see also UNEP Doc. UNEP/PP/INC.3/5 (1 December 2023) <https://wedocs.unep.org/bitstream/handle/20.500.11822/44760/INC3ReportE.pdf>).

(iii) INC-4 and the Revised Zero Draft text for the international legally binding instrument on plastic pollution, including in the marine environment

The fourth meeting of INC (INC-4) is planned for 23–9 April 2024 in Ottawa, Canada. Prior to the meeting, the UN Environment Programme (UNEP) published a revised zero draft text on 28 December, as on the working documents for INC-4 (<https://www.unep.org/inc-plastic-pollution/session-4/documents#WorkingDocuments). The revised zero draft text comprises six parts, with eight proposed potential annexes (see UNEP Doc. UNEP/PP/INC.4/3 (28 December 2023) <https://wedocs.unep.org/bitstream/handle/20.500.11822/44526/RevisedZeroDraftText.pdf>).

(C) International Conference on Chemicals Management

The fifth session of the International Conference on Chemical Management was held on 25–9 September in Bonn, Germany. This session led to the adoption of a Global Framework on Chemicals with targets and guidelines for key sectors across the entire lifecycle of chemicals. With twenty-eight targets, the framework seeks the prevention of illegal trade and trafficking of chemicals and waste, implementation of national legal frameworks, and the phase-out of highly hazardous pesticides in agriculture by 2035 (UNEP, Statement Attributed to Inger Andersen, the Under-Secretary-General of the United Nations and Executive Director of the United Nations Environment Programme (30 September 2023) <https://www.unep.org/news-and-stories/statements/unep-welcomes-new-global-framework-chemical>).

(D) Clean and Healthy Oceans Integrated Programme

A collaboration between the Food and Agriculture Organization (FAO), the Asian Development Bank, the European Bank for Reconstruction and Development, the Development Bank of Latin America, and the Intergovernmental Oceanographic Commission of the UN Educational, Scientific and Cultural Organization (IOC/UNESCO), the Clean and Healthy Oceans Integrated Programme was the result of a decision made at the sixty-fourth Council Meeting of the Global Environment Facility, held on 26–9 June in Brasilia, Brazil (<https://www.thegef.org/events/64th-gef-council-meeting>). The program seeks to curb land-based pollution of the oceans of the world predominantly through policy and regulatory innovation, infrastructure investments, and nature-based solutions. The program also aims to reduce pollution and improve the management of more than three large marine ecosystems, potentially mitigating 5.6 million metric tons of greenhouse gas emissions (FAO, ‘IOC/UNESCO and Partner Agencies Tasked with Leading $115 Million Clean and Healthy Oceans Program,’ UNESCO (29 June–3 July 2023) <https://www.unesco.org/en/articles/fao-ioc/unesco-and-partner-agencies-tasked-leading-115-million-clean-and-healthy-oceans-program>; see also <https://www.thegef.org/sites/default/files/2023-05/GEF_IP_HealthyOceans_2023_05.pdf>).

(2) National Developments

The following section notes national progress with respect to plastic pollution in a number of countries in various regions but cannot claim to be comprehensive coverage of all developments taking place at a national level.

(A) United States

(i) Draft National Strategy to Prevent Plastic Pollution

The United States released a Draft National Strategy to Prevent Plastic Pollution, accepting public comments until 31 July. This draft strategy is based on the three objectives of: reducing pollution during plastic production; improving post use materials management; and preventing trash and micro/nano-plastics from entering waterways and removing escaped trash from the environment. The strategy effectively builds on the US Environmental Protection Agency’s National Recycling Strategy with a focus on the reducing, reusing, collection, and capture of plastic waste (‘Draft National Strategy to Prevent Plastic Pollution,’ US Environmental Protection Agency (5 August 2023) <https://www.epa.gov/circulareconomy/draft-national-strategy-prevent-plastic-pollution>).

(ii) Plastic Pollution Prevention and Packaging Producer Responsibility Act

In June 2022, California signed the Plastic Pollution Prevention and Packaging Producer Responsibility Act (<https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PRC&division=30.&title=&part=3.&chapter=3.&article=>), which not only shifts the plastic pollution burden from consumers to producers but also mandates that by the year 2032, single-use plastic shall be reduced by 25 percent and 65 percent of single-use plastic shall be recycled, while ensuring that 100 percent of single-use packaging is recyclable or compostable. It is anticipated that in 2024 the California Department of Resources Recycling and Recovery (CalRecycle) will propose regulations for this act (<https://calrecycle.ca.gov/laws/rulemaking/sb54regulations/>).

(B) European Union (EU)

(i) Policy framework on biobased, biodegradable, and compostable plastics

In November 2022, the Directorate-General for Environment of the European Commission (EC), adopted the Policy Framework on Biobased, Biodegradable and Compostable Plastics that focuses on the sourcing, labelling, and use of biobased, biodegradable, and compostable plastics. The objectives of the policy centre on the improvement of the understanding of the use of these materials and provision of guidance to citizens, public authorities, and businesses on their purchasing and investing decisions (‘Biobased, Biodegradable and Compostable Plastics,’ European Commission <https://environment.ec.europa.eu/topics/plastics/biobased-biodegradable-and-compostable-plastics_en?).

(ii) Restriction of micro-plastics

In September, under EC Regulation 1907/2006 on Registration, Evaluation, Authorisation and Restriction of Chemicals, the European Commission adopted measures that restrict micro-plastics that are intentionally added to products (see European Chemicals Agency <https://echa.europa.eu/hot-topics/microplastics>). These restrictions are intended to reduce emissions of intentional microplastics and prohibit the sale of microplastics and products to which microplastics have been added on purpose, and those that release microplastics when used (EU Commission Regulation 2023/2055 in regard to Synthetic Polymer Microparticles <https://eur-lex.europa.eu/eli/reg/2023/2055/oj>).

(C) Canada

In June 2022, the government of Canada published the Single-use Plastics Prohibition Regulations (SOR/2022). This regulation, adopted under the 1999 Canadian Environmental Protection Act, prohibits the manufacture, import, sale, and export of six categories of single-use plastic items to support its Strategy on Zero Plastic Waste. The ban extends to single-use plastic checkout bags, cutlery, flexible straws, foodservice wares, ring carriers, and stir sticks. It is estimated that these regulations will lead to a decrease of 22,000 tonnes in plastic pollution in the country between 2023 and 2032 (‘Single-use Plastics Prohibition Regulations: Guidance for Selecting Alternatives,’ Government of Canada <https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/reduce-plastic-waste/single-use-plastic-guidance.htm>). As mentioned earlier, INC-4 is expected to take place in Ottawa, Canada, in April 2024.

(D) France

In 2022, an extension of the implementation of the Anti-Waste Circular Economy Act (Loi Anti-gaspillage pour une économie circulaire (Loi AGEC)) was adopted in February 2020. This aims to eliminate single use plastic packaging by 2040 and decrees a ban on single-use plastic packaging for the sale of approximately thirty types of fruits and vegetables. This was to occur early this year. However, the timetable and list were annulled in December 2022 (<https://www.service-public.fr/particuliers/actualites/A16216?lang=en>): ‘Following this decision, the Ministry of Ecological Transition announced that a new decree will be issued as soon as possible to maintain the ban on plastic packaging of fruits and vegetables that can be sold in bulk. The new text will also include a list of fruits and vegetables that are permanently exempted from the plastic packaging ban because of their risk of deterioration when sold in bulk.’

The decree also establishes many other measures and bans to meet the requirement of the Loi AGEC, specifying that ‘[a] reduction target, a reuse target and a recycling target are set by decree for the period 2021–25, then for each consecutive period of five years’ (Ministry of Ecological Transition, ‘Plastic Packaging in France Reduction, Reuse and Recycling Potential by 2025, Summary’ <https://www.ecologie.gouv.fr/sites/default/files/MTE-Summary-3R-ENG.pdf>).

These measures include the prohibition of certain single use plastic products (plates, straws, cups, cutlery, cotton buds, and expanded polystyrene boxes) and disposable dishes in restaurants, especially fast food, for meals eaten on site. In addition, the government has planned to follow up with ‘10 strategic actions between this year and 2025’ (see ‘Anti-Waste Circular Economy Act: Measures in Place and Coming,’ République Française <https://www.service-public.fr/particuliers/actualites/A16390?lang=en>).

(E) Colombia

In 2021, Colombia adopted the National Plan for Sustainable Single-Use Plastics Management, which set the goal of making all single-use plastics reusable, recyclable, or compostable by 2030 (<https://www.minambiente.gov.co/wp-content/uploads/2022/02/plan-nacional-para-la-gestion-sostenible-de-plasticos-un-solo-uso-minambiente.pdf>). Pursuant to this, in June 2022, Colombia passed a bill (Colombia Law 2232) that prohibits fourteen types of single-use plastics in their import, marketing, and distribution (<https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=125439>). The fourteen types of plastics include plastic bags and straws, as well as packaging containers used in retail sales of fresh fruits and vegetables (see ‘The Colombian Law 2232 on the Gradual Reduction of the Production and Consumption of Single-use Plastic Products,’ Zero Waste Europe <https://zerowasteeurope.eu/library/colombia-law-2232-single-use-plastic/>).

After introducing a tax on single-use plastics, further specific actions under the National Plan and Law 2032 established targets for 2022 and this year and 2025 to reach the goals for 2030 (<https://zerowasteeurope.eu/wp-content/uploads/2023/11/ZWE-Nov23-EWWR-Factsheet-Colombia-EN.pdf>).

(F) Saint Lucia

In 2022, the Saint Lucia Department of Sustainable Development published the National Source Inventory on Plastic Pollution and Marine Litter to strategically tackle the issue (<https://www.govt.lc/media.govt.lc/www/resources/publications/national-source-inventory-for-saint-lucia-final-for-dissemination0.pdf>). Arising from the recognition of the global and transboundary problem of plastic pollution, the National Source Inventory compiles data on the quantities of waste generated and captures data on sources, leakages, and flows. The inventory seeks to inform the government on the development of necessary policies and waste management action plans, particularly for managing plastic pollution.