How should we deal with the interfaces between chemicals, product and waste legislation?

Abstract

BackgroundIn the 7th Environment Action Programme, the European Commission targets two essential goals in the handling of substances and materials known by the buzzwords “non-toxic environment” and “circular economy”. There are numerous interfaces in product, waste and chemicals legislation in these two areas. This leads to conflicting objectives, e.g. with regard to the classification of waste in analogy to chemicals as well as at the border between waste and secondary raw materials that are further processed into products.ResultsWe investigate how these conflicting objectives can be mitigated or resolved. In our view, it is necessary to provide operators in the waste management sector with considerably more information on the composition of used products than before; this should include not only hazardous substances but also materials that interfere with the recycling process as well as recyclable or valuable materials. Waste management legislation largely follows risk considerations—a 1:1 transfer of hazard classifications of chemicals and products to waste management would be counterproductive to achieving the Commission’s objectives. In the case of contaminated secondary raw materials, their input into products can be justified in specific cases. However, this requires a risk assessment that includes in particular physicochemical factors, patterns of utilisation and controlled collection routes. Internationally recognised lists of secondary materials are an important condition for determining end-of-waste status and thus for increasing material recycling.ConclusionsA common guiding principle for chemicals policy and waste management is urgently needed.