The UN Global Plastics Treaty and plastic manufacturing

In this article, EHS and Sustainability expert, Alannah Shesgreen, provides a comprehensive summary of the potential impacts of the UN Global Plastics Treaty on businesses and existing laws. 

The ever-worsening issue of global plastic pollution presents a key threat to any promise of a sustainable and ecologically balanced future. Globally 462 million tons of plastic is produced on an annual basis. Adding to the problems posed by mass production is the distinct lack of adequate repurposing or recycling solutions available. The OECD reports that only 9% of the world’s plastic is recycled, with an estimated 9 million to 14 million tons of plastic waste ending up in the world’s oceans. With global plastic pollution projected to triple by 2040, actionable and effective solutions are now essential for phasing out all unnecessary plastic products, including single use items and excessive packaging.  

UN Global Plastics Treaty

The UN Global Plastics Treaty, first proposed in Kenya in March 2022, promises a future significantly de-burdened from plastic, specifically single use plastics with a short life span. The proposed Treaty signifies long needed global unification on the issue of plastic pollution and the over reliance and consumption of plastic. However, it must be asked what the impact of the proposed Treaty will be on the manufacturers of plastic products, specifically what obligations will arise and whether these new obligations will strengthen existing obligations under EU law, or if they will be an entirely new set of parameters within which manufacturers will have to operate.  

Briefly, it’s worth discussing how a Treaty issued by the United Nations functions. UN Treaties form a key part of international law and primarily focus on those global issues which require a high level of regulation and consensus. Key examples are human rights, the issue of international waters, world trade and the environment. For a UN Treaty to become applicable law within a specific country, said country is required to become a Party to the Treaty, thus consenting to be bound by any legal rights or obligations arising contained therein. This can be done through the ratification process and must be carried out by at least 10 countries in order for the Treaty to become operative. Once ratified, it’s then the obligation of the Party to ensure its national laws align with and promote the objectives of the relevant Treaty.   

Key proposed obligations and objectives of the UN Global Plastics Treaty 

The proposed Treaty aims to hold all parties to a high common standard on plastic consumption and create a clear path towards a future free from plastic pollution. It creates a level playing field within the plastic production world that will incentivize and support national action. Indeed, various UN Treaties have a clear track record of success. For example, the Montreal Protocol has led to the gradual phase out of more than 99% of ozone depleting substances since its establishment in 1987, significantly advancing the recovery of the ozone layer. 

The zero draft of the proposed Treaty UNEP/PP/INC.3/4 (which was produced at the third intergovernmental session in Nairobi in November 2023) details the obligations the proposed Treaty will place on parties. The exact wording of the proposed Treaty isn’t finalized and is thus subject to change. Nonetheless, among other things, each country party to the proposed Treaty would be required to, in one form or another: 

• Take the necessary measures to prevent/mitigate the potential adverse impacts of primary plastic polymers on human health or the environment, as a result of production 

• Take the necessary measures to not allow or to eliminate the use of chemicals, groups of chemicals and polymers listed in Part II of Annex A (not yet defined by the working group) 

• Eliminate the production, sale, distribution, import or export of plastic polymers, plastics and plastic products containing Annex A chemicals 

• Not allow the production, sale, distribution, import or export of problematic or avoidable plastic products, including short lived and single use plastic products and intentionally added microplastics 

• Require plastics and plastic products produced within its territory and those available on the market to contain minimum percentages of safe and environmentally sound post-consumer recycled plastic within a timeframe set out in Annex C (not yet defined by working group) 

• Take effective measures to ensure plastic waste is managed effectively in a safe and environmentally sound manner through handling, collection, transportation, storage, recycling, and disposal 

• Identify and prioritize accumulation zones, hot spots and sectors of existing plastic pollution and introduce effective mitigation measures including clean-up activities for such zones 

• Not allow the production, use in manufacturing, sale, distribution, import, or export of plastics and products containing intentionally added microplastics 

Consequently, the obligations which would be placed on parties to the proposed Treaty will eventually trickle down into legal obligations which are to be met, specifically by the manufacturers of plastic products and by those companies placing such products on the market. But what will this proposed Treaty change for such companies and how will it increase or strengthen the legal obligations they already face? 

Regulating single-use plastic in Europe

The EU Single Use Plastics Directive (EU) 2019/904 was the European Union’s response to the plastic production crisis, aiming to prevent and reduce the impact of certain plastic products on the environment and to promote a transition to a circular economy. The Directive establishes a number of measures on single use plastic products including market restrictions, mandatory recycled content and separate collection requirements.  

Several notable requirements include: 

• Certain single use plastic products with suitable alternative (such as straws and food containers made of expanded polystyrene) can no longer be placed on the market 

• Single use beverage containers can only be marketed if their caps and lids remain attached during use 

• Beverage bottle must contain at least 25% recycled plastic by 2030  

• Certain single use items must have clear and legible labeling with information on proper disposal and the environmental impact of improper disposal 

• Ensuring single use items are separately collected for recycling purposes 

• Annually reporting to the European Commission on the consumption and collection of single use plastic items 

The Single Use Plastic Directive was a groundbreaking piece of legislation, inspiring similar pieces of legislation to be implemented globally — and six years since its introduction, it has been transposed in all Member States, albeit with various levels of ambition. As a result, a number of single use plastic products such as cotton buds, cutlery, straws and plates cannot be placed on the markets of any EU member states. This same requirement also applies to cups, food and beverage containers made of expanded polystyrene and all products made of oxo-degradable plastic. Many Member States have also introduced specific Extended Producer Responsibility schemes on the back of the SUP Directive, tackling more localized issues of plastic consumption, such as the European Union (Extended Producer Responsibility)(Wet Wipes) Regulations 2022 introduced in Ireland to limit the placing of these products on any EU market, or the ban on single use plastic cups, trays and food containers at all public events in Luxembourg.  

Packaging and Packaging Waste Regulation 

There’s also the newly introduced and eagerly awaited Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) which will apply generally from 12 August 2026. The PPWR repeals and replaces the current packaging and packaging waste Directive 94/62/EEC.

The PPWR will prohibit food packaging from being placed on the market in the EU if it contains per- and polyfluorinated alkyl substances (or PFAS) with concentration amounts in excess set limit values.  

The PPWR furthermore requires that by 1 January 2030: 

• All packaging placed on the market must be recycled and that the percentage of recycled content in any plastic packaging is between 10% to 30% 

• Any packaging not necessary for performance and only intended to increase the perceived volume of the packaging will be banned unless subject to geographical indications of origins protected under EU law

Anticipating regulatory details for plastic free manufacturing

So, what does the proposed Treaty really mean for existing EU law and more specifically for those companies manufacturing and placing single use plastic products on the market? As the text of the proposed Treaty isn’t yet confirmed and indeed the text itself contains several wording options for each individual provision, it’s not wholly clear what the final document will require of its parties. Furthermore, none of the Annex’s containing lists of prohibited substances or relevant single use items have been decided upon by the working group. It thus cannot be said with certainty what the UN Global Plastics Treaty will require of its parties, nor can it be said with certainty how those parties will implement the proposed Treaty through its national laws.  

What can be assumed is that the proposed Treaty will increase pressure on parties and governments to take the necessary steps to significantly reduce the over production of plastic. For manufacturers based in the EU, existing laws both at a regional and national level have already begun to work towards a more plastic free future and this is accompanied by clear signs of compliance and effectiveness. However, manufacturers should begin to prepare themselves for much stricter restrictions and prohibitions on what they can and cannot place on the market. 

The future of plastic pollution regulations

As the most recent round of negotiations on the UN Global Plastics Treaty failed to produce a concrete agreement, all eyes now turn to Geneva this upcoming August when the next intergovernmental group will meet to hopefully agree on the adoption and wording of the proposed Treaty.  

Support for the proposed Treaty has grown with the EU decreeing its support for the global plastics treaty, noting the glaring lack of a dedicated international instrument which is specifically designed to prevent plastic pollution throughout the entire plastics lifestyle. In combination with this is its promised review of the Single Use Plastic Directive, which is set to take place by 2027, and the potential proposing of binding consumption reduction targets.  

Although nothing can yet be said with certainty, in addition to strengthened EU laws, manufacturers of plastic products and those companies which place plastic products on the market must be prepared for a rapidly changing compliance landscape. 

Dive deeper into the world of plastic waste management in Europe, with further resources on the EU’s PPWR and packaging regulations.