Towards a hierarchy of consumption behaviour in the circular economy
| Author | Carl Dalhammar,Eléonore Maitre-Ekern |
| Published date | 01 June 2019 |
| Date | 01 June 2019 |
| DOI | http://doi.org/10.1177/1023263X19840943 |
| Subject Matter | Articles |
Article
Towards a hierarchy
of consumption behaviour
in the circular economy
El´
eonore Maitre-Ekern* and Carl Dalhammar**
Abstract
In their roles as purchasers, users and dischargers of used products, consumers play an important
role in the circular economy. In this article, we put forward a ‘hierarchy of consumption behaviour’
to support European Union policymaking. Among the priorities are avoiding the purchase of single-
use and unnecessary products, prolonging the lifetime of products through maintenance and
engaging in repair activities. Moreover, the hierarchy intends to privilege sharing and leasing to
buying and second-hand products to new ones. Finally, consumption in the circular economy also
requires allowing products to re-circulate. Changing consumption patterns is difficult insofar as
they are largely determined by the paradigm upon which our economy is built and are enabled by
the existing legal framework, most notably European Union consumer law. The article contains
concrete recommendations to develop European Union law and promote the proposed hierarchy.
Keywords
Circular economy, sustainable consumption, hierarchy of consumption behaviour, EU law,
consumer law, policy mix
1. Introduction
A circular economic model is characterized by resource reduction and re-utilization. It is a system
in which rates of production and consumption are decreasing, maintenance, repa ir and re-use
prevail and the value of products, components and materials is retained across tight and closed
cycles. The circular economy (CE) is meant to achieve a gradual decoupling of economic growth
* Department of Public and International Law, University of Oslo, Norway
** The International Institute for Industrial Environmental Economics, Lund University, Sweden
Corresponding author:
El´
eonore Maitre-Ekern, Universitetet i Oslo, Det juridiske fakultet, Domus Bibliotheca, Karl Johan, Postboks 6706, Oslo
0130, Norway.
E-mail: eleonore.maitre@jus.uio.no
Maastricht Journal of European and
Comparative Law
2019, Vol. 26(3) 394–420
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X19840943
maastrichtjournal.sagepub.com
MJ
MJ
from the consumption of finite resources and lead to designing waste out of the system.
1
The CE
concept has elements of old and well-established thinking related to resource efficiency and toxic
free-material streams, but it also stresses the economic aspects of saving resources and the poten-
tial gains it allows for.
2
Although the European Union (EU) has not yet adopted a formal definition
of CE, there are certain generally shared notions of what it means, notably the four buildings blocks
that are deemed vital for the transition to a CE: (i) materials and product design; (ii) new business
models; (iii) global reverse networks; and (iv) enabling conditions (namely policies and
infrastructure).
3
Without policy interventions, the chance of realizing the CE vision is small. Businesses that
have, or plan to adopt, a circular business model face a systemic ‘web of constraints’ such as
people’s preferences and life circumstances, weakly developed infrastructures and conflicti ng
policies.
4
The EU Action Plan on the CE outlines existing and new policies in support of this
transition with proposals on product design, production processes, consumption, waste manage-
ment and markets for secondary raw materials.
5
The breadth and variety of these policies give a
sense of the fundamental changes that are required at every level and by every actor in the value
chain to realise the CE. The CE agenda also opens up a wide array of legal research avenues of
great interest.
6
The role of consumers in the CE is particularly compelling. Consumers can be seen to be at the
centre of the value chain. Indeed, they are the main target of the product supply chain and the
starting point of the reverse supply chain. Achieving the goals of the CE will not be possible
without their involvement. Consumers contribute to the CE notably by purchasing more durable
products, with their readiness to repair items and by properly disposing of waste products. How-
ever, the specific role of consumers in the CE is somewhat under-researched. For instance,
although there are abundant studies of public procurement for CE, private procurement research
is largely absent from the literature.
7
There are also disparities in the focus areas. The role of
consumers in certain sectors or related to certain problems – such as food waste, textiles and
electronics and more generally collection and recycling of waste – is quite well researched. Few
studies, however, investigate the specific role(s) of consumers as enablers of the CE in spite of
engaging prospects. A study on the attitudes of Finnish consumers towards the CE states that
1. Towards the Circular Economy Vol. 2: Opportunities for the consumer goods sector, Ellen MacArthur Foundation.
2. A. Murray, ‘The Circular Economy: An interdisciplinary exploration of the concept and application in a global context’,
140(3) Journal of Business Ethics (2017), p. 69.
3. P. Planing, ‘Business Model Innovation in a Circular Economy Reasons for Non-Acceptance of Circular Business
Models’, Open Journal of Business Model Innovation (2015), http://lup.lub.lu.se/search/ws/files/33914256/MISTRA_
REES_Drivers_and_Barriers_Lund.pdf.
4. Policy mixes for a resource-efficient Europe, POLFREE; C. Westblom, ‘Towards a Circular Economy in Sweden:
Barriers for new business models and the need for policy intervention’, IIIEE Master thesis, Lund University 2015, p. 55.
5. Commission Communication, ‘Closing the loop - An EU action plan for the Circular Economy’, COM(2015) 614 final.
6. E. Maitre-Ekern, ‘Present and Future Challenges for Europe’s Environmental Product Policy’, in E. Maitre-Ekern (ed.),
Preventing Environmental Damage from Products - An analysis of the policy and regulatory framework in Europe
(Cambridge University Press, 2018).
7. See e.g. S. Witjes and R. Lozano, ‘Towards a more Circular Economy: Proposing aframework linking sustainable public
procurement and sustainable business models’, 112 Resources, Conservation and Recycling (2016), p. 37; C. Leire and
C. Dalhammar, ‘Long-term Market Effects of Green Public Procurement’, in E. Maitre-Ekern (ed.), Preventing Envi-
ronmental Damage from Products - An analysis of the policy and regulatory framework in Europe (Cambridge Uni-
versity Press, 2018); L. Milios, Policies for Resource Efficient and Effective Solutions: A review of concepts, current
policy landscape and future policy considerations for the transition to a Circular Economy, IIIEE Lund University.
Maitre-Ekern and Dalhammar 395
To continue reading
Request your trial