This article examines the (lack of) coherence between the legislative fields that govern the life cycle of materials and products and thus are relevant to the transition towards a circular economy in the EU: EU chemicals, product and waste legislation. After examining the notion of coherence in law, it provides insight into the role of coherence in EU chemicals, product and waste legislation in light of the transition towards a circular economy. The article examines the (possible) issues that exist at the interface between these three legislative fields by reviewing literature and EU policy documents and looks into the relation between these issues and the (lack of) coherence between EU chemicals, product and waste legislation. It is argued that, when looked at in light of the transition towards a circular economy, several issues might be related to a lack of coherence. Nonetheless, the aspiration to achieve full coherence should be looked at critically.
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.
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