The Benefits of Regulatory Convergence on Sustainable Plastics Management within the Pacific Alliance

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Written by Maria Vizeu-Pinheiro, German Sturzenegger, Denisa Mertiri, and Jonathan D.Cocker

Plastic pollution, including through single-use plastics (SUPs), continues to plague natural environments around the world, including in Latin America and the Caribbean (LAC). The region produces around 28 million tons of plastic waste every year (12% of total municipal waste), of which around 36% is SUP. It is estimated that about 4 million tons of plastic waste could enter the ocean in 2020 due to inadequate solid waste management in coastal cities, where a significant portion of the population lives.

In LAC, there is growing interest in combating the shared problem of marine plastics. The countries of the Pacific Alliance (PA) -Chile, Colombia, Mexico and Peru- have launched an Environmental and Climate Change action plan, including a Presidential Declaration on Sustainable Use of Plastics[1] focused upon:

  • an analysis of plastic bag regulation and recommendations for the reduction of their use;
  • a targeted single-use plastic ban;
  • research and support for new productive models for plastic alternatives;
  • action on the reduction of plastic contamination in water, including marine environments;
  • strengthening the culture of responsible use of plastics and recycling;
  • circular economy model advancement;
  • promotion of re-use of plastic; and
  • the setting of a Road Map implementing these commitments.

In addition, individual PA countries, have each been active in promoting domestic strategies on plastic products and packaging, setting targets and developing regulations such as Extended Producer Responsibility (EPR), innovative recycling mechanisms such as “e-Coins”, and Circular Economy programs.

These initiatives, however, may not be enough in light of the proliferation of plastic pollution and the limited domestic waste management infrastructure. This shared understanding within the PA must now give rise to a coordinated regional action on plastics for which greater regulatory convergence is pivotal to its success.

10 Reasons for Adoption of a Regional Plastics Strategy

While the work on regulatory convergence around plastics, including SUPs, will not be easy, there are compelling reasons to do so:

1. Facilitation of Materials Flows

  • the wide variety of plastics material has left local governments and industry to unnecessarily dispose materials as “scrap” domestically. These materials could be valorized in other PA countries if barriers to transfer were lifted, an issue particularly pressing in light of the Basel Convention Ban.

2. Regional Scale Needed for Plastics Recycling Markets

  • addressing both the leakage of plastics and their value loss in less productive uses requires sufficient economies of scale that regional, and not domestic-only recycling infrastructure resources.

3. Innovation and Specialization:

  • with economies of scale will also come the conditions for investment in innovative products and resource recovery specialized solutions, potentially serving the entire region. These solutions will be imported into PA countries (based upon the regional needs and goals of others) if its members don’t otherwise develop their own;

4. Commercialization Through EPR Favours Regional Consistency

  • as EPR may well be part of the solution for plastics resource recovery, the formation of effective Producer Responsibility Organizations (PROs) is enhanced through regional PRO models, servicing discrete industry segments and able to administer programs consistency, with lower transactions costs across multiple countries;

5. Product Standards Development Suitable for PA

  • outside of the PA countries, there is current growth of plastics content standards (such as bioplastics) with corresponding resource recovery process requirements and specifications. These standards will be implemented in PA countries absent a regional alternative – even though these standards are based upon socio-economic and environmental conditions dissimilar to those of LAC;

6. Material Bans Feasible Regionally

  • critical issues remain as to which types of plastics, for which uses and of what plastic material (and its potentially hazardous content) should be permitted by PA countries. Only through a regional strategy will the PA be able to ensure their domestic choices are implementable;

7. Regional Market Data Will Attract Investment

  • the early adoption of regional terminology and methodologies will generate PA-wide data necessary to better attract investment;

8. Ensuring Safety

  • food and other safety and quality measures must be imposed upon any plastics packaging or SUPs introduced within the PA. A regional strategy allows for commonly adoptable tracking and tracing technology, as well as labelling, to ensure the providence of the plastics introduced in the region’s markets;

9. Near-term Financial Recovery Opportunity

  • plastics represent a resource for which there are clear near-term recovery solutions, such as energy production and valuable products made with recovered plastics, which will result in tangible economic gains for local communities across the PA; and

10. International Stakeholder Funding Available

  • along with the push for plastics pollution solutions has come significant funding from international stakeholders, which will be acutely needed during the challenging post-COVID-19 economic fallout;

In summary, there are both immediate and long-term benefits to a PA-focused plastics strategy.  Plastics offers PA countries a relatively easy entry point for the types of economic and environmental joint efforts envisioned in the region’s action plan.

The opportunities for plastics within the region are, however, time-limited. International pressure for conformity with policies most suitable elsewhere will intensify in the absence of demonstrable success.

Further, delays in moving towards convergence will make harmonization more difficult. With individual PA countries developing disparate programs, for which investments and long-term commitments will be based, a move to harmonize internally will be more difficult over time.

The PA countries should move to engage stakeholders, including regional private sector parties, in developing a critical pathway towards achieving these ambitious goals.


[1] This declaration was signed during the 2019 Pacific Alliance summit in Peru

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About the Authors

Maria Vizeu Pinheiro is a lawyer specializing in environmental and natural resources issues at the Environment, Rural Development and Disaster Risk Management Division of the Inter-American Development Bank (IDB). Maria works on the analysis of environmental policies, governance and regulatory frameworks for the Bank’s operations.

Germán Sturzenegger is a Senior Water and Sanitation Specialist at the Inter-American Development Bank. He has participated in the design and implementation of water and sanitation projects throughout Latin America and the Caribbean. Germán leads the recycling and green infrastructure agenda for the Water and Sanitation Division of the IDB, working on the implementation of river conservation and inclusive recycling projects.

Denisa Mertiri, J.D. (Green Earth Strategy) provides legal and policy advice to clients on waste management, single-use reduction, circular economy and extended producer responsibility laws. Denisa has worked with the City of Toronto and other municipalities in Ontario, Canada, on Ontario’s transition to EPR and on single-use reduction and circular economy policies.

Jonathan D. Cocker heads Baker McKenzie’s Environmental Practice Group in Canada and is an active member of the firm’s Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environmental and product compliance matters, including extended producer responsibilities, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, and contaminated lands matters.

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