Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1)

This briefing by the Center for International Environmental Law (CIEL) and the Environmental Investigation Agency (EIA) provides a critical analysis of the UNEP 'Options for Elements' Paper prepared for the second session of the Intergovernmental Negotiating Committee (INC-2). The document evaluates the proposed core obligations and control measures for a new legally binding instrument on plastic pollution, highlighting gaps where the Options Paper fails to reflect the ambition of Member State submissions, particularly regarding upstream production limits, chemical safety, and the protection of human health.

• The authors recommend that the treaty include provisions to prohibit, restrict, and control the international trade of plastics, feedstocks, and precursors, specifically including non-party provisions to prevent Parties from circumventing obligations.
• The briefing argues that the Options Paper lacks sufficient focus on the 'upstream' phase of the plastic life cycle, specifically regarding the removal of fossil fuel and petrochemical subsidies.
• CIEL and EIA emphasize that circularity must be framed within the context of toxicity and material safety, noting that current recycling is often 'downcycling' due to hazardous chemicals.
• The document asserts that human health is inadequately represented in the Options Paper, which focuses on risk evaluation rather than a hazard-based approach and neglects the use of best available techniques (BAT) to minimize health impacts during production.
• The authors criticize the Options Paper for conflating binding control measures with voluntary approaches, arguing that this misrepresents Member State views and should be removed from zero-draft negotiations.
• Regarding microplastics, the briefing suggests the Options Paper should be reorganized into four distinct categories: plastic pellets, intentionally added microplastics, use-phase microplastics, and degradation-based microplastics.
• The briefing notes that the Options Paper fails to include specific requests from some Member States for a 'right to know' regarding chemical additives in plastic production.
• The authors highlight a lack of specific measures in the Options Paper regarding the remediation of 'legacy waste' and the need for dedicated financing, such as legacy funds, for these activities.
• The document points out that the Options Paper includes a requirement for private waste companies to collect from informal waste picker cooperatives, despite no Member State submissions suggesting such specific language.

APA

Center for International Environmental Law (n.d.). Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1). https://www.ciel.org/wp-content/uploads/2023/05/Quick-Views-on-Obligations-and-Control-Measures-of-the-UNEP-Options-for-Elements-Paper-Cluster-1_FINAL.pdf

Chicago

Center for International Environmental Law. Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1). n.d. https://www.ciel.org/wp-content/uploads/2023/05/Quick-Views-on-Obligations-and-Control-Measures-of-the-UNEP-Options-for-Elements-Paper-Cluster-1_FINAL.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1) |url=https://www.ciel.org/wp-content/uploads/2023/05/Quick-Views-on-Obligations-and-Control-Measures-of-the-UNEP-Options-for-Elements-Paper-Cluster-1_FINAL.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndquick, author = {{Center for International Environmental Law}}, title = {{Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1)}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2023/05/Quick-Views-on-Obligations-and-Control-Measures-of-the-UNEP-Options-for-Elements-Paper-Cluster-1_FINAL.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }