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Practice areas:

Producer Responsibility

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Growing concern about certain waste streams and their environmental impact has led to the adoption of a number of producer responsibility directives.  These directives represent an extension of the “polluter pays” principle.  Their aim is to make businesses responsible for products that they place on the Community market through their life cycle and especially at the end of life stage.  The logic behind producer responsibility is that, although producers, material suppliers, importers, distributors, retailers, consumers and public authorities share specific waste management responsibilities, product manufacturers have the predominant role as they take decisions which determine the waste management potential of their products. 

Producer responsibility directives focus on a number of priority waste streams because of their potential impact on the environment.  These waste streams include:-

  • packaging and packaging waste;
  • waste electrical and electronic equipment (WEEE) and the twin directive on the restriction on the use of hazardous substances (RoHS);
  • end of life vehicles (ELV); and
  • batteries and accumulators. 

The aim is to ensure a more sustainable approach to resource use and a reduction in the quantity of waste generated.  In practice, responsibility is placed on producers for the mandatory take back of their products at end of life stage, ban on the use of specific hazardous substances, targets for recycling and recovery, and reporting and monitoring requirements.

We have broad experience in all aspects of producer responsibility legislation at national and European level, and in relation to other jurisdictions outside of the EU.

Get in touch

Andrew Waite

Andrew Waite

BLP
Partner, Environment
Isabelle Laborde

Isabelle Laborde

BLP
Associate, Planning & Environment

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