The missing link: regulating waste-based materials in the circular economy

Waste legislation lays down the framework for waste recovery and therefore is a crucial piece of the circular economy. Although there is nothing particularly missing from the regulation governing the commodification of waste in terms of gaps in applicable legislation, the regulation does not fully complement the objectives of circular economy. The existing legislation, especially the interface between waste and chemicals legislation, is problematic. European Commission identified four systematic mismatches on the interface: the data on the chemicals in the different regulative systems is different and cannot be used after passing the interface between the legislation (from waste to chemicals legislation or vice versa).The two extreme approaches to the interface are: 1) laying down precautionary provisions that hinder the use waste-based materials and 2) utilising waste-based materials that might possess risks for human health and the environment. Naturally, neither of these perspectives should be encouraged in circular economy.