Daily Roundup for INC5 Day 3—Tuesday, January 16

by Alice Alpert

Day 3 began with snow falling, turning Geneva into a winter wonderland.

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Everyone eagerly anticipated the first of the Swiss breaks, to be held in the evening. However, we are no longer “early” in the negotiations, so parties were eager make some progress before the Swiss break festivities began.

Here’s a recap of progress made on different topics.

Products and Processes

The technical articles contact group made progress on setting the mercury concentrations that different types of lightbulbs can contain, although the phase-out dates remain undecided. A breakout group, facilitated by one of the co-chairs, was started to address the controversial dental amalgam issue.

The group is in the midst of working through the annex regarding products and processes that will be exempt from regulation: antiques were removed because they are not being currently manufactured; there will be exceptions for some research and calibration standards (although there is no consensus yet exists on the details); thiomerisol will be allowed as a preservative in vaccines; polyurethane, vinyl chloride monomer, and sodium methylate are still under review. The group discussed the idea of discouraging distribution in commerce as a process provision rather than an outcome provision.

Emissions and Releases

In the morning, a technical group of about 30 attendees was tasked with discussing possible options for characterizing the nature of emissions and releases regulations. The group agreed that it would be useful to narrow the scope of the treaty to major sources, but there was no consensus around the several threshold types discussed (e.g., do you regulate based upon capacity, intensity, or aggregate emissions?).  In the afternoon and evening, the full emissions contact group reconvened and agreed to eliminate certain small-source categories. Into the evening, they were discussing releases, looking to start forming some draft text. Memorably, in response to one delegate’s suggestion that a ton of mercury was a small amount of emissions,  another party replied: “No single raindrop feels responsible for the flood.”

Institutions and Implementation

The treaty objective and definitions were discussed in morning plenary, focusing on whether a dedicated, stand-alone article on health impacts was required or even warranted. The plenary was divided on the issue: one side was of the opinion that a separate health article duplicates other sections of the text and/or impinges upon the effort of the World Health Organization, while the other side sees a stand-alone article as paramount to reaffirming the objective of the treaty. Many NGOs submitted interventions supporting the health article.

Also in plenary, parties showed no movement on how to ensure domestic implementation, with many developing nations saying that a uniform requirement for submitting a plan to meet treaty obligations did not take into account differing national socio-economic conditions. In the evening, a contact group on the implementation and health issues met. Gridlock continued, and a small group decided to work through the night to submit a suitable proposal in the morning.

Financial and Technical Assistance

Much of the work in this area occurred in a small contact group of “friends of the co-chairs”, which continues to discuss Articles 16 and 16bis regarding technical assistance and technology transfer. Article 17—which concerns whether to establish a committee for implementation or for compliance (or both)—was up for discussion in the afternoon plenary session. Several countries voiced the opinion that they would like the membership of and mechanism for decision-making by this group to be specified in the treaty,  rather than by the conference of parties. These specifics will be considered in a contact group set to convene on Day 4.

Supply and Trade, AGSM, and Waste

Work in this area began at 11pm in the technical articles contact group, with a discussion of Article 3 on supply and trade. One of the biggest struggles involved whether existing primary mining should be banned; this decision is still in a deadlock. The group didn’t break until after 1am, and we can expect more work on Day 4.

Highlight of the day

After the second plenary session, the loudspeakers came to life with the song “Under Pressure,” (featuring Freddie Mercury)—just to drive the point home. Then the Swiss break began, providing delicious food, wine, and opportunities for delegates to work out compromises in informal consultations.

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The Swiss break also notably featured video footage of traditional Swiss culture, including whipcracking and running around in leaf costumes, in addition to skiing and yodeling. While the Swiss music was questionable, the event did not disappoint. We look forward to our second Swiss break this evening, and hope that the negotiations make significant progress in the meantime.

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