The ZSVR only carries out consultations within the remit of activities it has been required to undertake by statute. The type and scope of the various consultations are structured according to provisions of administrative procedure law as well as antitrust law regulations, on a case-by-case basis with regard to the different legal implications of the decisions and the extent of their impact.
The Verpackungsgesetz (Packaging Act) has authorised the ZSVR to make certain decisions via administrative acts. The authority to issue the related administrative regulations is derived from this authority to issue administrative acts, within the context of anticipated administrative action. The ZSVR plans, for example, to issue administrative regulations to distinguish packaging from non-packaging, and to categorise packaging subject to system participation.
Under administrative law, consultations are not required prior to issuing these administrative regulations. These generally concern norm-interpreting administrative regulations, without an immediate external impact. There is potential for the actual impact on competition to be significant, however, so that consultations are generally required under antitrust law.
As a rule, the ZSVR therefore publishes administrative regulations in draft form, in order to give the parties under obligation under the Verpackungsgesetz the opportunity to respond, via written position papers. Information about these consultations will be published on this page. After considering the position papers received, the ZSVR will publish its binding administrative regulations.