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.

Xenia zu Hohenlohe
Xenia zu Hohenlohe
Partner/Director at the Considerate Group

I certainly see legislation as one of the key enabler to driving the adaptation of sustainable measures in the business sector as a whole, not just the hospitality industry. The EU Green Deal is seen internationally as a ground- breaking legal framework, and even though it has some shortcomings, it is very necessary to accelerate the much-needed change in corporate behaviour when it comes to ESG. The additional legislation for the ban on single-use plastics in many EU countries, as well as the new Legislation on Supply Chains are forcing businesses to address issues, they might have pushed down the line for a few more years.

In my mind one of the key missing legislations, however, is a solid framework around the costs or taxes on externalities, such as the use of water in production of products, sand for cement (which should be considered a common human good) as well as taxes for the most polluting companies when it comes to Co2 emissions.

I do not pretend to be an expert in public policies, but the last decades has shown that legislations were needed to address issues of acid rain, leaded fuel for cars or even public smoking. We are in dire need of reducing our Co2 emissions and legislations to enforce reductions, not just voluntary commitments, are key to achieving the Paris Climate Agreement goals of staying below the 1.5C target.

How, might you say, does this affect hospitality- well all really, as we will need to not only reduce our Scope 1 & 2 emissions, (i.e. direct & indirect emissions at property level, including purchased energy) going forward but also those in the supply chain, guest travel as well as waste, meaning that legal frameworks to reduce emissions at all level with create incentives for innovative solutions and will only help us reduce our emissions as a sector. Often some hotels are located in historic buildings, where it is impossible to reach total energy efficiency, hence the focus on other operational areas for reduction and efficiency and here legislation would only help, in my mind.

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