Europe leads the way? - Wrong turns and high roads taken by environmental laws on electronics

In recent years, the European legislature has put significant efforts into systematically improving the environmental performance of electronics. Two main goals can be identified: Elimination of hazardous substances and reduction of energy consumption. These goals are mainly pursued by imposing, upon manufacturers, design requirements and end-of-life treatment obligations. Traditionally, however, enforcement at the Member State level is a problem and the law-abiding producer is likely to face a competitive disadvantage. The EU now tries to tackle this problem with a new regulatory concept, the so-called “New Legislative Framework” (NLF). Not all of the instruments provided by the NLF seem to be adequate for environmental non-compliance. This is particularly true for withdrawal from the market and recall of non-compliant product.