The Flower Pot Men strike again? The EC’s illustrative list of packaging.

There is environmental law and then there is environmental law.

On the one hand of the spectrum, one finds highbrow discussions such as in Kiobel, where novel approaches to regulation culminate in the discussion of how one can, if one should at all, subject multinational corporations to the strictest standards of environmental and human rights law, wherever they operate. These issues speak easily to faculty, students, activists and governments.

On the other extreme, the recent European Commission illustrative list of packaging. It confirms that for instance, wax layers around cheese are not packaging within the meaning of the European packaging and packaging waste Directive. Flower pots are, if they are not intended to stay with the plant for the rest of its life. The list is, I fear, highly relevant. No packaging = no packaging waste laws = no obligations to reduce such packaging, no packaging levies apply, no waste management company needs to be recruited to deal with the waste, no permit required for export, etc. These issues are a bit less handy to entertain with faculty, students, activists and governments. They speak to CFOs and compliance managers, rather than to the media. Lest it be to bemuze or provide ammunition for those who consider the EU to be over-regulatory.

I find it is in pondering both ends of the spectrum that environmental law truly comes to life.

Geert (just in case you wondered: tea bags: not packaging).

This entry was posted in European Law and tagged , , , , on by .

About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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