An Operational Look at Take-Back Legisla- tion

This paper explores the gap between the principles of take-back legislation and their implementation. The discussion is based on my experience with take-back legislation implementations in Europe and in the United States, as well as my research exploring the underlying economics of take-back systems on the ground. I argue that the transposition of legislative principles into working systems can lead to an array of unintended consequences, ranging from exacerbated environmental damage to uneven competitive landscapes. I illustrate these phenomena with the help of a series of economic models, and argue that the design of environmental legislation needs to carefully take into account the economics of such practices on the ground. A natural follow-up question is to what extent such legislation should define an implementation structure. Answering this question can help legislators in identifying the correct boundaries and scope of legislation they write and environmental NGOs in strategic lobbying.