Take-back & resource recovery

For this reason, both the primary industry and the waste management industry have long been making considerable efforts to recover valuable materials from used products and materials that have become waste. The recycling industry in particular has achieved considerable success and progress.

In various areas, return/take-back systems and obligations are regulated by law, for example in the areas of batteries, waste electrical and electronic equipment and packaging. In unregulated areas, manufacturers and distributors are increasingly moving towards voluntarily taking back products and materials they have placed on the market (and, where applicable, those placed on the market by others) from their customers immediately after use in order to tap into their own source of raw materials. This is blurring the boundaries between the primary industry and the waste management and recycling industry: While manufacturers are securing ever greater access to raw materials for themselves, the waste disposal and recycling industry is increasingly becoming a secondary raw materials industry. This is giving rise to new business models for the circular economy.

We advise manufacturers and distributors as well as waste disposal and recycling companies on compliance with statutory return obligations and the legal requirements for the return and recycling of waste. In addition, we advise on the legally compliant implementation of return systems for used items, materials or substances that are not classified as waste, as well as voluntary return systems under waste law, including recognition as take-back in accordance with product responsibility under waste law. Where necessary, we also ensure that the requirements for end-of-waste, recyclates and recycling quotas are met.

‘As our core competencies lie in both product law and circular economy law, we have particular expertise in the circular value creation of building materials [link to construction products & building regulations].’

Please refer to our case law report on waste law and our client information on current developments in the area of return obligations and voluntary returns.