The Legal Transition towards a More Circular Electrical and Electronic Equipment Chain—A Case Study of The Netherlands

Abstract

The transition towards a circular economy in the EU requires that the legal framework does not create (legal) barriers, but rather enables or stimulates this transition. At this moment, however, the existing literature argues that the current legal system that governs the life cycle of materials and products—EU chemicals, product and waste legislation—might hamper the transition. This article looks into the legal framework for the transition of the product stream of electrical and electronic equipment (EEE) and more specifically into the general and specific applicable EU chemicals, product and waste legislation, as well as its implementation in the Netherlands. By means of both doctrinal and empirical legal research, this article identifies legal barriers, gaps and incentives in the current legal framework that governs the life cycle of EEE in light of the transition towards a circular economy (CE). To enable or stimulate the CE transition in the EEE chain, it appears that it would be desirable to improve the interaction within this legal system and better align it with the objectives of the CE and life cycle thinking. Moreover, this research shows that a different approach within EU chemicals, product and waste legislation could be beneficial for the CE transition. With regard to EEE, a holistic approach could enable a more circular EEE chain, either within the current sector-approach, or with a more product-specific or material-specific approach within the EU chemicals, product and waste legislation governing EEE.

Global Plastic Pollution and the Transition Towards a Circular Economy: Lessons from the EU’s Legal Framework on Plastics

“…For example, a case study on the Packaging and Packaging Waste Directive found that the vague and unclear wording of the minimum design requirements for packaging made implementation and enforcement difficult in practice. 78 Altogether, although we are of the opinion that establishing minimum design and performance requirements would be beneficial, care must be taken to find a balance between setting sufficiently detailed criteria for sectors and products and avoiding excessively lengthy processes in establishing those.…”