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Circular Economy in the built environment
new legal approaches needed?
Chris Backes and Marlon Boeve
Agenda
Legal Instruments to Improve:
1. Quality of Recycling and Material Recovery ?
2. Circularity and Total Environmental Performance of Buildings?
Some figures
- CDW: 25-30% of all waste within EU
- Construction materials: - 50% of all materials extracted- 1/3 of the use of water- 35% of CO2 emissions
Waste Framework Directive (WFD)
Article 11 (2) b WFD: by 2020 a minimum of 70% (by weight) of non-hazardous CDW shall be prepared for reuse, recycled or undergo other material recovery
Hugh differences between MS: between less than 10% to more than 90%
New Legal Approach?
Requirement of use of x % of secundarymaterial in buildings
Not in waste law, but in product or resources law:
Circularity Influences EntireBuilding Process
Design for:• Durability• Adaptibility• Reuse• Reversibility•…… etc
Environmental friendly buildings – EU Law
Energy-performance first, Circularity/Resource-efficiency second?
Current Regulatory Framework
Minimum energy performance requirement for buildings- EU level: Directive on the energy performance of buildings
(directive 2010/31/EU)à implemented by member states
Minimum circularity performance requirement for buildings- EU-level: No standards
Minimum environmental performance requirement for buildings (holistic)- EU-level: no standards but methodology is being developed- National examples (Netherlands)
Issues• Energy performance requirement may conflict
with environmental performance of buildings
• No separate tools to support circularity of buildings (unlike energy-performance)
Towards regulatory support of circular construction
Three different standards:- Energy performance- Circularity performance- Environmental friendly performance
All three standards needed
Within one EU Directive
Effects
Boosting transition to circularity andenvironmental friendly buildings
Level playing field
No counter-productive side-effects
Contact informationUtrecht Centre for Water, Oceans and Sustainability Law,
Utrecht University
Prof. dr. C.W. Backes, LLM [email protected]. M.N. Boeve, LLM [email protected]
