The Legal Transition Towards a More Circular Plastic Packaging ChainA Case Study of the Netherlands

Abstract

The production and generation of plastic packaging waste in the EU continues to increase, which is accompanied by several negative externalities. At the same time, reuse remains limited and recycling rates of plastic packaging are stagnating, resulting in a significant loss of materials and value to the economy. The transition towards a more circular plastic packaging chain is proposed as a solution: both plastics and packaging are highlighted as key product groups in the EU’s Circular Economy Action Plans. However, by looking specifically at the legal framework governing the life cycle of plastic packaging – EU chemicals, product and waste legislation – this research has identified barriers to the transition towards a more circular plastic packaging chain, as well as untapped solutions and incentives to stimulate this transition. It is argued that changes to the legal framework governing the life cycle of plastic packaging are therefore necessary to enable and stimulate the transition towards a more circular plastic packaging chain. Besides improving both the alignment with and the actual contribution of the provisions and instruments of the legislation to the achievement of Circular Economy (CE) objectives, the inherent interlinkages between the different life cycle stages and the legislation governing them need to be better taken into account to not only create a legal framework that is fit for purpose, but also to avoid negative effects and unlock synergies in pursuance of CE objectives. Circular Economy (CE), plastic packaging, EU chemicals legislation, EU product legislation, EU waste legislation