Producers Responsibility in a Circular Economy

  • Diana Căprita The Bucharest University of Economic Studies, Bucharest, Romania
  • Raluca Necula The Bucharest University Of Economic Studies, Bucharest, Romania
  • Larisa Mihălcioiu The Bucharest University of Economic Studies, Bucharest
Keywords: environment, producers, sustainable development, circular economy, “polluter pays principle”

Abstract

The implementation of sustainable development principles as well as the prioritization of the circular economy as a healthy alternative to economic growth will cause producers to change their vision of production by incorporating concrete and effective environmental protection measures. The European Union, through Directive 2004/35/EC on environmental liability in relation to the prevention and remedying the environmental damage has introduced, since its implementation for the first time on 30 April 2004, the obligation to respect the 'polluter pays' principle, with clear rules for them. The transposition of the Directive became mandatory three years later in 2007 for all member states and European producers were therefore responsible for both the pollution prevention action and the repair of potential environmental damage, as well as for bearing the associated costs of the two types of measures from the financial point of view. Within this research we find the concrete results of the implementation of the Directive, following the evaluations carried out by the European Commission, through the two official reports drawn up in 2010 and 2016, and also the difficulties faced by all Member States, in fact by European producers, in complying with environmental standards regarding waste. At the same time, these issues will be exemplified by reference to Romania's concrete example, as a case study.

References

European Parliament. Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1563789933694&uri=CELEX:32004L0035

European Commission. Report from the Commission to the Council and the European Parliament under Article 18(2) of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage. 2016; 11.COM(2016)204 final. Available from: http://ec.europa.eu/transparency/regdoc/rep/1/2016/RO/1-2016-204-RO-F1-1.PDF

European Commission. REFIT Evaluation on the Environmental Liability Directive. Brussels. 2016. 98. SWD (2016) 121 final. Available from:

https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52016SC0121

European Commission. Report from the Commission to the Council, the European Parliament, The European Economic and Social Committee and the Committee of the Regions.Brussels. 2010. 12. COM(2010) 581 final. Available from: http://ec.europa.eu/environment/legal/liability/pdf/com_2010_0581.pdf

Permanent Representation of Romania to EU. Report on the implementation of Directive 2004/35/EC on environmental liability. Brussels. 2013. Available from: http://ec.europa.eu/environment/legal/liability/pdf/eld_ms_reports/RO.pdf

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Published
2019-08-01