The Stiftung Zentrale Stelle Verpackungsregister (Foundation Central Agency Packaging Register – ZSVR) was established as a charitable foundation under private law on 16 May 2017. Please note that the certificate of registration with the foundation authorities linked here is not available in English.
The Foundation's structure and duties, as well as information about the framework within which it operates, are primarily set out in part 5 VerpackG headed 'central agency' (section 24 – 30 VerpackG). The Act's provisions were given effect in the Articles of Association. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety's agreement to the Foundation's Articles of Association secured the Foundation's position as the central agency as defined by section 24 VerpackG (Packaging Act), which entered into force on 13 July 2017. Please note that the Articles of Association linked here are not available in English.
The Code of Conduct enshrines principles and expectations, and includes detailed regulation of corruption, data protection and competition matters (antitrust law). Please note that the Code of Conduct of Association linked here is not available in English.
The filing plan covers all duties of the ZSVR in its role as an authority. It serves the purpose of systematic record keeping. In line with our obligation to publish the filing plan, you can find the plan here:
The structure of the Foundation provided for in the Verpackungsgesetz (Packaging Act) is as follows:
In line with section 24 VerpackG, producers of packaging subject to system participation, distributors of retail or grouped packaging that has not yet been filled, or associations representing their interests, established a foundation by 1 January 2019.
To cover as wide a range of parties under obligation as possible, the following associations assumed responsibility for setting up a foundation and pre-financing it while it was being set up:
- Bundesvereinigung der Deutschen Ernährungsindustrie e. V. (Federation of German Food and Drink Industries – BVE)
- Handelsverband Deutschland – HDE e. V. (German Retail Association)
- IK Industrievereinigung Kunststoffverpackungen e. V. (German Association for Plastics Packagings and Films)
- Markenverband e. V. (German Trade Mark Association)
As stakeholders, the founders represent the producers and distributors of retail or grouped packaging that has not yet been filled, who directly or indirectly bear primary funding responsibility for the private sector residential collection and disposal system for packaging subject to system participation.
The Foundation is represented both in and out of court by the Chair. The other governing bodies are the Board of Trustees, the Administrative Board, and the Advisory Board for Collection, Sorting and Recovery. In addition to this, Expert Committees also contributed their expertise up until 2019. Legal and technical supervision is the responsibility of the German Environment Agency.
Duties of the ZSVR
The duties of the ZSVR are set out in full by the provisions in section 26 VerpackG. That means that the ZSVR may only perform those duties, and may not carry out activities that are not contained in the Verpackungsgesetz.
The ZSVR carries out governmental functions, where it acts as an entrusted body, as well as activities under private law. In its governmental capacity performing statutory duties, the ZSVR is subject to the administrative law regulations and the technical and legal supervision of the German Environment Agency.
Statutory duties pursuant to section 26(1) of the VerpackG
- Register for producers (nos. 1-3)
- Database for producers' and systems' packaging information (nos. 4-8, 10 in part, 24)
- Market share calculation for systems and sector-specific solutions (nos. 10 in part, 11, 14, 16, 17)
- Standards for determining the recyclability of packaging (in agreement with the German Environment Agency) (nos. 12, 13)
- Reviewing sector-specific solutions (no. 20)
- Setting standards for packaging regarding the system participation and deposit requirements, reusables, etc. (nos. 19, 25, 26, 27, 28)
- Register of experts, review of volume flow records and recovery rates as well as audit guidelines (nos. 9, 29, 30)
- Permitting inspection by the state authorities and providing them with information (nos. 22, 23 – enforcement intermediary)
- Financing the central agency (nos 15, 18, 21)
Private law duties pursuant to section 26 (2) VerpackG
The Foundation's private law duties are supplementary powers required to implement the activities set out in section 26 (1).
- Setting up the register and the database (no. 1)
- Access to the systems' tender portal (no. 2)
- Financing agreements, including the option to terminate (nos. 3, 4)
- Informational and further training events for experts (no. 5)
- Exchanges with other authorities and bodies as appropriate (no. 6)
- Providing information to parties under obligation and the public within its scope of duties (no. 7)