Regulierte Selbstregulierung und hybride Rechtsdurchsetzung

The Packaging Ordinance was once described as a prototype of regulated self-regulation. Private actors performed the disposal of packaging waste as a public task within the limits of the Packaging Ordinance and with the means of private law. The Packaging Ordinance was replaced by the Packaging Act in 2019. Due to the previous distortions of competition between different market players, the foundation ‘Zentrale Stelle Verpackungsregister’ was implemented. It acts as a market monitoring authority. For this purpose, it was entrusted with sovereign powers. Thus, the self-regulation mode has changed and can now be described as hybrid law enforcement.