How to improve the EU legal framework in view of the circular economy

Abstract

This paper aims to contribute to a better understanding of the legal conditions that ideally should be fulfilled to support the transition towards a circular economy in the European Union. More specifically, the paper examines how the current legal framework can be improved and how coherence within and between the relevant laws can be established in view of life-cycle thinking. This topic is underexposed in the literature. Three key laws are analysed separately: the Ecodesign Framework Directive, the Waste Framework Directive and the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation. Besides the identification of specific improvements for each key law, common challenges are formulated. Based on this analysis, the following conclusions are drawn. Firstly, as the concept of life-cycle thinking lies at the heart of the circular economy, it should be explicitly referred to as an environmental principle in EU primary and secondary legislation, or in any case be recognised as such by the EU institutions. Secondly, the acknowledgement of the existence of 'EU materials law' as a branch of EU environmental law could further strengthen the legal transition to a circular economy. Thirdly, product passports and the launch of an online product registration database could also facilitate the transition through the gathering and supply of information.