From Waste Hierarchy to Circular (Economy) Hierarchy: Confronting the EU’s Regulatory Mismatch in Waste and Product Legislation

Abstract

The waste hierarchy constitutes a core principle of EU waste policy. Enshrined in Article 4 of the Waste Framework Directive (WFD), it prioritises prevention over preparation for re-use, recycling, recovery and disposal, and functions as a normative framework for advancing circularity. Since the adoption of the 2015 Circular Economy Package, the traditional 4R framework has been conceptually expanded through the introduction of numerous additional “R-concepts”, often articulated within a 10R circular hierarchy. This paper examines how such R-concepts are incorporated within three key regulatory instruments: the Waste Framework Directive, the Ecodesign Regulation, and the Construction Products Regulation. Many of these concepts are not explicitly embedded in the waste hierarchy. The analysis assesses whether their use privileges higher-order circular strategies, such as prevention and reuse, or continues to emphasise recycling. The paper evaluates the normative alignment of EU waste and product law with circularity and implications for legal certainty.