Oliver Möllenstädt Lenkungsinstrumente im Ressourcenschutzrecht zur Förderung des Einsatzes von Post-Consumer-Kunststoffrezyklaten in Verpackungen

About this book

The development of markets for recycled plastics to date has been characterized by market inefficiencies, with the result that plastic recyclates have often not been able to assert themselves in price-performance competition against virgin plastics. Plastic packaging is predominantly a short-lived plastic product and contributes significantly to waste generation. In order to realize resource protection, an increased use of plastic recyclates should also be aimed for in packaging.

This study examines possible supplementary policy instruments in the resource protection legislation of the Federal Republic of Germany to promote the use of recycled plastics in packaging in terms of their compatibility with higher-ranking legislation and environmental policy criteria. In detail, the extension of product-specific minimum use quotas for plastic recyclates in packaging, polymer-specific substitution quotas for virgin plastics, the fiscal control of the use of plastic recyclates in packaging, the introduction of non-tax levies to promote the use of plastic recyclates in packaging, the introduction of a statutory price regulation to promote the use of plastic recyclates in packaging and the promotion of the use of plastic recyclates by means of state aid are proposed as possible future alternative policy instruments.

The options identified for the further development of resource protection law are examined with regard to their suitability for promoting the use of recycled plastics in packaging in terms of the legislator's scope for action and evaluated with regard to the environmental policy criteria of effectiveness, efficiency, acceptance and administrative practicability. Recommendations for legal policy action are derived on the basis of the assessments.