The Global Plastics Treaty: What It Is, Where it Stands, How it Affects Brands

As the world increasingly turns its attention toward sustainability, brands are facing mounting pressure to reconsider their packaging choices - from consumers, stakeholders, and governments.

In March 2022, the UN adopted a historic resolution to develop an international legally binding instrument on plastic pollution, including in the marine environment. The resolution has led to the convening of an Intergovernmental Negotiating Committee (INC) to develop and approve a final treaty to address the full life cycle of plastic, including its production, design, and disposal.

The resolution is a key development, and is one that will have far-reaching effects for brands large and small. However, like many of the current developments in sustainability legislation, there is still ambiguity in what it will actually mean for day-to-day packaging decisions.

In this article, we break down the basics of this treaty and explore how its implementation may shape the future of packaging, why it’s critical to stay ahead of these legislative changes, and how your brand can navigate the evolving landscape of sustainable packaging.

What Is the Global Plastics Treaty?

The UN Global Plastics Treaty is a historic international agreement aimed at curbing the production and pollution of plastics worldwide. 

This treaty, formally known as the “Plastic Pollution Treaty,” was agreed upon by over 170 countries at the United Nations Environment Assembly in March 2022. It represents the first global attempt to address the growing pollution crisis by establishing commitments to limit plastic use. 

The treaty will create a framework for countries to set national policies and regulations aimed at reducing plastic waste, with an emphasis on preventing plastic from entering our oceans. Additionally, it will encourage the development of sustainable alternatives to single-use plastics, promote recycling, and foster more responsible production practices.

One important element of the treaty is that despite its stated focus on pollution, it also acknowledges the entire lifecycle of plastic, from production to disposal. Rather than simply banning plastics outright, the treaty works with both developed and developing countries to ensure effective, equitable solutions. The treaty supports both regulatory frameworks and technological innovations to tackle plastic pollution.

Current Status: Final Treaty Delayed, Likely to Be Approved in 2025

INC-5, the fifth round of negotiations for the global plastics treaty held in Busan, South Korea in December 2024, and brought together more than 3,300 delegates, including members representing more than 170 nations and observers from more than 440 organizations. Unfortunately, it concluded without resulting in a final treaty.

There were a number of points of contention, with a High Ambition Coalition focusing heavily on the entire lifecycle and advocating for plastic-reduction targets and bans on the most problematic types of plastics. On the other hand, the “Like-Minded Group” (most prominently represented by oil-producing nations) pushed staunchly against upstream bans and requirements, advocating for a more exclusive focus on mismanaged waste. 

The group will reconvene as INC-5.2 in 2025, with the date still being determined. While it is disappointing that INC-5 did not result in a final treaty, progress was made and INC-5.2 discussions will use the “Chair’s Text” as the starting point for the next round of negotiations.

How Will the Treaty Affect Packaging Decisions?

We recognize that even if INC-5.2 does lead to a final treaty, the current administration's commitment to a global resolution like this is uncertain. However, we believe that long-term, the treaty will have an important impact on US brands. We also expect that, in many situations, the treaty will reinforce actions already being taken in response to packaging EPR legislation that is underway in five states and many European countries. 

Here are changes we anticipate emerging from the treaty.

1. Transparency and Reporting Requirements

The Global Plastics Treaty calls for increased transparency in the plastics supply chain. 

As a result, brands may be required to disclose more information about their packaging materials and waste management practices, which will likely include regular sustainability reports.

To prepare for this potential change, begin now to collect data about your supply chain, packaging volumes, and sustainability efforts. If you are selling in areas that are in the process of implementing EPR Legislation, this strategy is likely already on your roadmap for 2025.

2. Increased Regulation on Single-Use Plastics

Expect more stringent regulations on single-use plastic items, including certain types of plastic packaging. 

Many governments are already implementing or planning to enforce bans on specific types of plastic packaging, such as plastic bags, straws, and utensils. The treaty encourages countries to adopt similar bans, making it likely that certain types of harder-to-recycle single-use plastics may face even tighter restrictions in the coming years.

Some brands may decide to transition to plastic-free packaging as a result. 

For brands opting for paper packaging, it will be critical to take a thoughtful approach that considers issues such as carbon impact, deforestation, and recycled content. 

Other brands may choose to explore reusable packaging, recycled and recyclable plastic, or carefully evaluated bio-alternatives. Again, while the Global Plastics Treat may not explicitly require it, we would strongly encourage brands who are shifting to plastic alternatives to carefully vet their alternatives to avoid new solutions that have their own negative environmental consequences.

3. Focus on Plastic Reduction and Recycling

The treaty emphasizes the need to reduce overall plastic production as well as improve recycling rates for the plastic that will continue to be needed.

Many countries are likely to introduce or strengthen Extended Producer Responsibility (EPR) programs. These programs hold manufacturers accountable for the end-of-life management of their products, meaning your brand may be required to take greater responsibility for the packaging you produce.

This could involve paying fees for recycling programs, maximizing the recycled content of your materials, or ensuring your packaging is designed for easy recycling.

Again, most enterprise US brands are already preparing for many of these implications in preparation for state packaging EPR regulation underway.

4. Incentives for Sustainable Alternatives

One of the treaty’s primary objectives is to drive innovation in the development of sustainable alternatives to conventional plastic.

As such, brands may find new incentives, grants, or tax benefits for adopting packaging solutions that use renewable or biodegradable materials.

This potential impact is one aspect of the Global Plastics Treaty discussions that we’re not seeing in EPR and other packaging-related legislation, and it is something we are excited about. Often, legislation has the unintended effect of actually curbing innovation. 

It is important that the treaty provides clear guidance on how brands should evaluate novel materials and sustainable alternatives. Many material innovations are actually more destructive to the planet than the standard solutions they are replacing. Brands should be given consistent methodologies to vet materials and only push forward those with true potential to be environmentally superior to the plastics they seek to replace. 

Some crucial factors to consider include feedstock source, resource use, and end-of-life. Whenever possible, look for alternatives that have been tested and certified by trusted third parties.

What Are the Implications of the Treaty Stalling?

While the Global Plastics Treaty represents a historic step forward, its full implementation is still pending due to stalled discussions and unreconcilable points of tension in the December talks.

The treaty’s success hinges on countries finalizing national commitments and enacting necessary laws. While the initial response to the treaty was largely positive, some challenges exist, such as differing political priorities, economic pressures, and the complexity of harmonizing global regulations.

Unfortunately, the treaty has currently stalled without a clear “next step” in sight. Here are some likely effects of this slow progress.

1. Delayed Impact on Policy Changes

As of now, the treaty is in the process of negotiation and ratification, which means that policies around plastic packaging will not change overnight. 

However, many countries are already moving ahead with their own plastic reduction initiatives in anticipation of the treaty’s impact. In the interim, brands can expect a patchwork of regional and national regulations, some of which may be stricter than others.

Brands should be prepared for this uncertainty and stay flexible in their packaging strategies, particularly if selling across multiple countries. Keeping an eye on regulatory developments in key markets will be crucial for staying compliant and avoiding potential fines or restrictions.

2. Risk of Fragmented Regulations

With the treaty’s implementation still in progress, there is also a risk of fragmented regulations emerging. 

Some countries may take stronger action, while others might delay or even resist significant changes. For global brands, this fragmentation could complicate efforts to adopt a strong universal packaging strategy.

To navigate this, one helpful approach is to create packaging that can be easily adjusted or scaled to meet different requirements across markets. For brands that have the capability, designing packaging to go above and beyond minimum sustainability requirements can also help avoid compliance issues regardless of varying legislation.

3. Market Pressure to Act Now

Even if the treaty’s full implementation takes time, the market is already shifting. 

Consumers are increasingly aware of plastic pollution, and many are demanding more sustainable packaging choices. Even without immediate legal requirements, choosing to optimize the sustainability of your brand’s packaging will help you stand out to customers. Brands that fail to act may find themselves falling behind their competitors who are more proactive in their sustainability efforts.

By staying ahead of the curve, you not only align with future regulations but also strengthen your brand’s reputation as a leader in sustainability. The sooner you begin exploring eco-friendly packaging alternatives, the better positioned you will be when the treaty’s full impact takes effect.

Resources for Navigating Your Packaging Decisions

As your brand considers how the UN Plastics Treaty will impact your packaging strategy, it’s essential to leverage the right resources to make informed choices. 

Here are a few to get you started:

Guide to Plastic-Free Packaging

Guide to EPR and Packaging Legislation

Guide to Sustainable Certifications

Guide to Designing for Recyclability

EcoEnclose’s Sustainable Packaging Framework

At EcoEnclose, we’re committed to staying up-to-date on the latest in sustainability legislation so that we can help you create an effective and impactful packaging strategy. If you’re ready to start your sustainable packaging journey, reach out to us and we’ll be happy to help.