Legislation regulates the way we utilize natural resources, avoid pollution and harmful substances, manage waste and protect ecosystems and human rights. Supporting sustainability through the use of proactive legislation is nothing new. Rather than being a constraint to businesses and individuals, proactive legislation can eliminate competitive disadvantages and thus be an instrument paving the way to a successful and sustainable future (Berger-Walliser et al., 2016). In many cases, however, legislation is enacted as a last resort. In Germany, a new law on packaging makes it mandatory for the gastronomy sector to provide reusable containers as an alternative to single-use items from 2023 onwards. This is, arguably, a long overdue legislation based on a EU Directive. In a recent representative survey conducted by the German Packaging Institute (DVI) and World Wide Fund For Nature (WWF), 85% of respondents are in favor of introducing a deposit refund system for reusable containers. And while citizens around the globe view climate change as a major threat, the most recent report from the UNFCC warns that climate action plans put forward by nations ahead of COP26 are nowhere close to meeting the goals set in the Paris Agreement. Looking at legislative initiatives in your country, where do you see room for improvement? In which area under the sustainability umbrella do you see the need for more (or less) regulations? Can you share some best (or worst) practices?

Berger-Walliser, G., Shrivastava, P. & Sulkowski, A. (2016). Using Proactive Legal Strategies for Corporate Environmental Sustainability, Michigan Journal of Environmental & Administrative Law, 6(1), 1-27.

Legislation can play a vital role in creating a level playing field in an industry that operates in all countries, has many service levels/business models and includes organisations ranging from single hotels to those with thousands. It can also ensure that the responsibility for improving sustainability is shared more throughout the value chain. 

For example, the EU Plastics Directive focuses on the top 10 single-use plastic (SUP) issue items. Banning some of them from July this year puts the onus of solving the single-use plastic challenge on the entire value chain. Suppliers need to find workable and cost-effective alternatives and hotel operators have to find ways to change their operations to remove SUPs or use alternatives. 

Similarly, the EU Energy Efficiency Directive is helping to create minimum standards for energy efficiency of buildings and putting some of the onus onto owners and investors, adding an incentive previously missing as they often aren't the ones paying the bills. 

Legislative requirements do need to consider the reporting or admin burden they place on companies, and avoid diverting attention and efforts away from initiatives which actually increase sustainability. But, we will only achieve change on the scale that we need if we take everyone on the journey with us, and legislation can help drive collaboration and even out the responsibility across the industry.

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