Avoiding Trade Concerns in the Design of Plastic Pollution Measures

This report by the International Institute for Sustainable Development (IISD) analyzes trade frictions arising from national and subnational plastic pollution measures implemented by WTO members. By examining Specific Trade Concerns (STCs) and Trade Policy Review (TPR) questions, the authors identify six primary types of regulatory issues—timing, transparency, stakeholder engagement, proportionality, justification, and discrimination—and provide recommendations to help policy-makers design measures that minimize trade disruptions.

• The authors identified 21 policy measures implemented by 14 WTO members that caused trade frictions, with 13 cases raised as Specific Trade Concerns (STCs) in the TBT Committee and seven raised as Trade Policy Review (TPR) questions. The majority of these measures (all but four) were introduced after 2015, and over three-quarters were proposed by European (43%) and Asian (33%) WTO members.
• Timing and implementation time frames are the most frequent source of STCs, affecting nine targeted measures. Common issues include the absence of established timelines, transition periods that are too short for trading partners to adapt, or consultation periods that are not fully honored before a measure is adopted.
• Transparency issues affected eight measures, primarily involving insufficient access to information during the regulatory process. Concerns often center on the lack of comprehensive texts of proposed regulations, missing implementing guidelines, or the absence of updated and translated versions of notified measures.
• A lack of stakeholder engagement was identified in five measures, where trading partners argued that the implementing party failed to provide opportunities for formal input or ignored industry-specific evidence. For example, the United States noted that India's plastic waste rules did not account for global shortages of recycled materials.
• Proportionality concerns were raised for five measures, with members arguing that some regulations create excessive costs or cumbersome obligations relative to their environmental goals. An example is France's 'Triman Mark' recycling label, which the U.S. viewed as having costs that were 'disproportionately high' compared to the goal of simplifying waste sorting.
• Justification issues appeared in four measures, where trading partners claimed a lack of scientific or technical evidence to support the measure's rationale. For instance, the EU and Switzerland questioned the environmental benefits of Saudi Arabia's regulations on oxo-biodegradable plastics based on international scientific research.
• Discrimination concerns were identified in three measures, specifically regarding potential breaches of national treatment obligations. In Jamaica, the Dominican Republic argued that the ban on single-use plastics provided different grace periods for domestic products versus imports, potentially favoring domestic actors.
• Trade Policy Review (TPR) questions revealed additional concerns beyond the six STC categories, including inquiries about the effectiveness of existing measures (such as Ecuador's redeemable tax on plastic bottles), requests for support for third countries to adopt circular economy approaches, and questions on international cooperation for recycling standards.

APA

Baršauskaitė, I., Irschlinger, T., Guazzini, V., & Aziz, A. (2024). Avoiding Trade Concerns in the Design of Plastic Pollution Measures. International Institute for Sustainable Development. https://www.iisd.org/system/files/2024-07/trade-concerns-plastic-pollution-measures.pdf

Chicago

Baršauskaitė, Ieva, Tristan Irschlinger, Vicente Guazzini, and Andrew Aziz. Avoiding Trade Concerns in the Design of Plastic Pollution Measures. International Institute for Sustainable Development, 2024. https://www.iisd.org/system/files/2024-07/trade-concerns-plastic-pollution-measures.pdf.

Wikipedia

{{cite report |last1=Baršauskaitė |first1=Ieva |last2=Irschlinger |first2=Tristan |last3=Guazzini |first3=Vicente |last4=Aziz |first4=Andrew |title=Avoiding Trade Concerns in the Design of Plastic Pollution Measures |publisher=International Institute for Sustainable Development |date=July 2024 |url=https://www.iisd.org/system/files/2024-07/trade-concerns-plastic-pollution-measures.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{barauskait2024avoiding, author = {Baršauskaitė, Ieva and Irschlinger, Tristan and Guazzini, Vicente and Aziz, Andrew}, title = {{Avoiding Trade Concerns in the Design of Plastic Pollution Measures}}, institution = {International Institute for Sustainable Development}, year = {2024}, month = jul, url = {https://www.iisd.org/system/files/2024-07/trade-concerns-plastic-pollution-measures.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }