Municipalities, waste and producers: responsibility can be better defined
It is often seen as a promising tool to promote the transition to a more circular economy: Extended Producer Responsibility. The possibilities of this instrument are indeed not yet fully utilized, according to research carried out by Marlon Boeve and Chris Backes on behalf of the NVRD, the Netherlands Association for Waste and Cleaning Management. However, it also appears that there are various European legal boundaries that limit the function of this instrument. The study mainly focuses on the legal relationship between producers (and their organisations) and municipalities.
The Royal NVRD unites the Dutch municipalities and their public companies that are responsible for waste management and the management of public space. Municipalities have a statutory duty of care for waste collection, separation and enforcement. The costs are borne by residents. In practice, however, municipalities are not a formal party to the establishment of extended producer responsibility.
The NVRD would therefore like to gain insight into the role, rights and responsibilities of municipalities and their public collection organizations on the one hand and producers/importers on the other in the implementation of the extended producer responsibility and has requested the Utrecht Center for Water, Oceans and Sustainability Law of Utrecht University to to conduct a legal investigation into this question.