Foundation & Authority

Bodies and Board

Section 28 VerpackG (Packaging Act) regulates the organisation of the Stiftung Zentrale Stelle Verpackungsregister (Foundation Central Agency Packaging Register – ZSVR). At the same time, German foundation law applies. Foundation law establishes that a foundation's management board represents the foundation in and out of court.

 

 

  1. Management Board
  2. Board of Trustees
  3. Administrative Board
  4. Supervision and Control
  5. Advisory Board for Collection, Sorting and Recovery
  6. Expert committees (limited in time)

The Verpackungsgesetz provides for the following bodies in addition to the Management Board with its Chair:

  • the Board of Trustees,
  • the Administrative Board and                                            
  • the Advisory Board for Collection, Sorting and Recovery.

Moreover, the Chair – with the approval of the Board of Trustees – may also establish expert committees to provide specialist advice. The work of all bodies, including the Management Board with its Chair, is regulated by means of by laws.

 

Structure of the Foundation

Constitution of the various Bodies

Section 28 VerpackG sets out the provisions governing the constitution of the Board of Trustees, the Administrative Board and the Advisory Board for Collection, Sorting and Recovery (link) (the ‘Bodies’). The Articles of Association of the ZSVR (link), which were drafted in coordination with the Bundesumweltministerium (Federal Ministry for the Environment), further clarify those provisions.

The way in which the members of the ZSVR bodies are chosen must ensure that as diverse a group of stakeholders and other interested parties as possible is given a reasonable and equal opportunity to put forward its interests. The ZSVR's Articles of Association provide for this.

Moreover, when determining the constitution of the Bodies, care will be taken to ensure that the stakeholders who bear primary responsibility for financing the private sector's waste management system are involved. Other producers and distributors as per section 24 (1) VerpackG, will also be able to collaborate with the Bodies of the ZSVR. Furthermore, when determining those who are entitled to nominate candidates, care will be taken to choose stakeholder groups who represent as large a group as possible of those who are obligated under the Verpackungsgesetz to ensure that a wide variety of different interests is represented.
 


1. Management Board

The purpose of a foundation's management board is to represent the foundation in and out of court. According to the ZSVR's Articles of Association, its Management Board consists of up to two persons. Given the relatively small size of the organisation, the Board of Trustees currently does not consider it necessary to appoint a second member to the Management Board.

The Management Board is appointed by the Board of Trustees for a duration of five years, and is elected by a two-thirds majority. For reasons of foundation law, the first Member of the Management Board (Chair) was appointed for a duration of six years, by the founders during the endowment transaction. Renewed appointments are valid; however, the Board of Trustees may recall Members and Chairs at any time for good cause.

The Management Board conducts the business of the Foundation to implement the Foundation's purpose in their own responsibility and according to the Board of Trustees' guidelines for business activities. In addition to general and professional management tasks, this includes the following: budget creation, taking all regulations on pay-as-you-go funding into account,  recruitment and supervision of employees, offering professional, legal and organisational support to the Foundation's bodies as well as implementing an efficient and sustainable compliance management system.

In the endowment transaction dated 3 March 2017, Ms Gunda Rachut was appointed the first Chair of the Foundation. This appointment became effective with the recognition of the Foundation through the foundation authorities. Ms Rachut has held the position of Chair since that date and will do so for six years (until 16 May 2023), subject to being recalled for good cause.

If only one person is appointed as Chair, the Articles of Association provide for the appointment of a General Representative to represent the Chair in the event of any enduring impediment of the Chair’s duties. The Board of Trustees chose Mr Martin Kardetzky (in-house lawyer), Head of Legal and Recovery, as this General Representative for the ZSVR.
 


2. Board of Trustees

The Board of Trustees of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) determines the guidelines for the Foundation's business activities. This includes: appointing and recalling the Chair, issuing the bylaws for the Chair, approving the budget (including the appointment of auditors), auditing and approving of the annual financial statements (including approval of the actions of the Chair), establishing and disbanding expert committees as well as amending Articles of Association.

The 13 members of the Board of Trustees are each appointed to serve a term of five years. The Board of Trustees is made up of:

  • eight members representing the producers and distributors, as defined by section 24 (1) VerpackG (Packaging Act),
     
  • two members for the German States, nominated by the Federal/States Working Group for Waste (LAGA),
     
  • one member for the leading local associations, appointed by the Bundesvereinigung kommunaler Spitzenverbände (Federal Union of Leading Local Associations)
     
  • one member for the Bundesministerium für Wirtschaft und Energie (German Federal Ministry for Economic Affairs and Energy), and
     
  • one member for the Bundesministerium für Umwelt, Naturschutz und nukleare Sicherheit (German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety).

The Board of Trustees members for the producers and distributors, as defined by section 24 (1) VerpackG, are appointed as follows:

  • Pursuant to section 35 (4) VerpackG, the power to appoint the members for the producers and distributors, as defined by section 24 (1) for the first Board of Trustees ('founding Board of Trustees') is reserved exclusively to the founders. The term of office for the founding Board of Trustees lasts three years (17 May 2017 - 16 May 2020).
     
  • The Bundesvereinigung der Deutschen Ernährungsindustrie e. V. (Federation of German Food and Drink Industries – BVE) and the Handelsverband Deutschland – HDE e. V. (German Retail Association), the IK Industrievereinigung Kunststoffverpackungen e. V. (German Association for Plastics Packagings and Films), and the Markenverband e. V. (German Trade Mark Association) each nominate one member.

These associations also have the right to nominate candidates for the remaining four seats on the Board of Trustees, unless a so-called association of other producers and distributors registers its interest by no later than 16 February 2020 (three months before the founding Board of Trustees' term in office ends), or on the annual anniversary thereof. If that happens, the following shall apply: where another association of producers and distributors establishes in due time a legitimate interest with the ZSVR, it can appoint a member to the Board of Trustees. The remaining three members shall be appointed by the aforementioned associations in accordance with the rotation system set out in the Articles of Association.

The Board of Trustees board selects a Chair and a Vice-chair from among its members; the Chair must be selected from amongst the producers and distributors as defined by section 24 (1) VerpackG.

Current term of office: 2017 – 2020 – To get an overview concerning the vacancies please use the German website.

 


3. Administrative Board

The Administrative Board of the Stiftung Zentrale Stelle Verpackungsregister (Foundation Central Agency Packaging Register – ZSVR) advises the Board of Trustees and the Chair on performing their duties. To this end, the Chair reports to the Administrative Board on the activities of the Foundation as well as of the Board of Trustees. The Administrative Board supports the Foundation on an ongoing basis, exploring the objectives of the Verpackungsgesetz (Packaging Act) and ensuring that they are accounted for in the Foundation's work.

The 21 members of the Administrative Board are each appointed for a term of five years. The Administrative Board is made up of:

  • ten members for the producers and distributors as defined in section 24 (1) VerpackG (Packaging Act), with the Bundesvereinigung der Deutschen Ernährungsindustrie e. V. (Federation of German Food and Drink Industries – BVE), the Handelsverband Deutschland – HDE e. V. (German Retail Association), the IK Industrievereinigung Kunststoffverpackungen e. V. (German Association for Plastic Packagings and Films), the Markenverband e. V. (German Trade Mark Association), and the Bundesverband der deutschen Industrie e. V. (Federation of German Industries) each appointing two members,
     
  • a member for the Bundesministerium für Wirtschaft und Energie (Federal Ministry for Economic Affairs and Energy),
     
  • a member for the Bundesministerium für Umwelt, Naturschutz und nukleare Sicherheit (Federal Ministry of the Environment, Nature Conservation and Nuclear Safety),
     
  • a member for the Umweltbundesamt (Environment Agency),
     
  • two members for the German States, named by the Federal/ States Working Group for Waste (LAGA),
     
  • one member for the leading local associations, appointed by the Bundesvereinigung kommunaler Spitzenverbände (Federal Union of Leading Local Associations)
     
  • one member for the local authority waste management sector, appointed by the Verband kommunaler Unternehmen e. V. (German Association of Local Utilities),
     
  • one member for the private waste management sector, appointed by agreement between the BDE Bundesverband der Deutschen Entsorgungs-, Wasser- und Rohstoffwirtschaft e. V. (Federal Association of the German Waste, Water and Raw Materials Management Industry) and the bvse-Bundesverband Sekundärrohstoffe und Entsorgung e. V. (German Association for Secondary Raw Materials and Waste Management),
     
  • one member for the systems, appointed by the clearing house (section 19 VerpackG) and
     
  • two members for the environmental and consumer associations, with the Deutschen Naturschutzring, Dachverband der deutschen Natur-, Tier- und Umweltschutzorganisationen (DNR) e. V. (German League for Nature and Environment (DNR), the umbrella organisation for German nature conservation, animal protection and environmental protection organisations), and the Bundesverband der Verbraucherzentralen und Verbraucherverbände –Verbraucherzentrale Bundesverband e. V. (Federation of German Consumer Organisations) each appointing one member.

The Administrative Board selects a chairperson and a vice-chair from among its members; the chairperson must be selected from amongst the producers and distributors as defined by section 24 (1) VerpackG.

Current term of office: 2017 – 2022 - To get an overview concerning the vacancies please use the German website.

 


4. Supervision and control of the Stiftung Zentrale Stelle Verpackungsregister (Foundation Central Agency Packaging Register)

In section 24 VerpackG, German legislature required that an independent legally incorporated foundation under German civil law be established under the name Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) by 1 January 2019, and in doing so, decided to entrust a private organisation to carry out governmental duties. The legal form of a foundation under German civil law had emerged as a suitable option when discussing the so-called 'clearing house' under the Elektro- und Elektronikgerätegesetz (Electrical and Electronic Equipment Act). In legal terms, a foundation is generally structured as an institutionalised asset. However, it is a special case where the emphasis is placed on the institutionalisation rather than the asset. The Articles of Association set out a foundation's purpose, and this will be the only purpose the foundation is permitted to pursue. In this case, the purpose had already been determined by the Verpackungsgesetz (Packaging Act). Section 26 (3) VerpackG restricts the activities of the ZSVR to the duties listed in the Act. Because the Articles of Association require approval from the Bundesumweltministerium Federal Ministry of the Environment, Nature Conservation and Nuclear Safety, no licence could be taken in their drafting. Other requirements for the Articles of Association were formulated by the German Federal Cartel Office. These related predominantly to information security requirements.

Within a foundation, the founders have no influence comparable to that present in corporate legal bodies. The Chair of the ZSVR, who represents the Foundation in legal and non-legal matters, is responsible for implementing the Articles of Association. Corresponding guidelines for business activities are set and monitored by the Board of Trustees. There are extensive oversight provisions set out in the Verpackungsgesetz for the ZSVR:

  • Foundation authorities – general oversight of the budget and the implementation of the Foundation's purpose
  • Umweltbundesamt (German Environment Agency) – legal and technical supervision in public law matters
  • Bundesrechnungshof (Federal Audit Office) – oversight of the budget and/or spending, and the economical use of funds
  • Bundeskartellamt (Federal Cartel Office) – assessing the Foundation's activities with regard to its impact on competition
  • Enforcement authorities – requirements on the form and content of reports, agreement on interpretation decisions, where applicable
  • Courts – review of any Foundation decisions, where applicable

The ZSVR predominantly acts in public law. As such, internal activities are also subject to administrative law regulations, including but not limited to record-keeping and information security. This framework demonstrates that the ZSVR must act as authorised, subject to regulations and oversight.
 


5. Advisory Board for Collection, Sorting and Recovery

The Advisory Board for Collection, Sorting and Recovery independently formulates recommendations as to how the collection, sorting and recovery of waste containing recyclable material can be improved, including quality assurance, as well as about issues of special significance to the cooperation between local authorities and systems.

The eight members of the Advisory Board are each appointed to serve a term of five years.

The Advisory Board is made up of:

  • three members for the leading local associations, appointed by the Bundesvereinigung kommunaler Spitzenverbände (German Federal Union of Leading Local Associations),
     
  • one member for the local authority waste management sector, appointed by the Verband kommunaler Unternehmen e. V. (German Association of Local Utilities),
     
  • two members for the dual systems, appointed by the Gemeinsame Stelle (clearing house of the dual systems) (as per section 19 VerpackG), and
     
  • two members for the private waste management sector, with the BDE Bundesverband der Deutschen Entsorgungs-, Wasser- und Rohstoffwirtschaft e. V. (Federal Association of the German Waste, Water and Raw Materials
    Management Industry) and the bvse-Bundesverband Sekundärrohstoffe und Entsorgung e. V. (German Association for Secondary Raw Materials and Waste Management) appointing one member each.

Current term of office: 2017 – 2022 - To get an overview concerning the vacancies please use the German website.


6. Expert committees (until the end of 2019)

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) is required in certain circumstances to consider the opinions of stakeholders. This is generally achieved through written consultations. Doing so fosters a high degree of transparency for both the Umweltbundesamt (Environment Agency), as the legal and technical supervisor of the Foundation, and the Bundeskartellamt (Federal Cartel Office), which plays a central role when certain types of approval are required.

During the Foundation's launch phase, expert committees were also being used to take advantage of companies’ technical expertise. These expert committees are never involved in making legal classifications or decisions.

As such, all the expert committees were convened for limited terms only; their activities drew to a close over the course of 2019, with the exception of expert committee III. Meanwhile, all the activities of the ZSVR have been transferred into ongoing operations and intensive support will no longer be necessary. Depending on their tasks, some expert committees dissolved after just a few meetings and were then replaced by a written consultation procedure, in line with the requirements of and agreements with the Federal Cartel Office.

The members of the expert committees are chosen at the discretion of the Chair according to technical expertise, which may vary between the various expert committees. In the expert committees currently in place, nominating rights are exercised by (amongst others) producers and distributors as defined in section 24(1) VerpackG (Packaging Act) and other parties under obligation (e.g., systems via the Clearing House) or technical experts (e.g., companies and associations for certain types of materials). The Chair of the Zentrale Stelle Verpackungsregister also has discretion to decide whether third parties (guests) may take part in expert committees meetings.

Further details can be found in the underlying documents of the Zentrale Stelle Verpackungsregister concerning the work of expert committees (These documents are only available in German):

  1.      Chair guidelines on the appointment and constitution of expert committees
  2.      Expert committees working concept
  3.      Sample expert committees rules of procedure

Six expert committees have been established by the Board of Trustees. The Board of Trustees' decision is based on a concept paper setting out the objectives and content of the corresponding expert committee, as well as its constitution where appropriate. The Chair then determines the exact constitution.

The term of each expert committee was limited and ended in 2019.


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