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.
Both in and out of court, the Foundation is represented by the Chair. The other governing bodies are the Board of Trustees, the Administrative Board, and the Advisory Board for Collection, Sorting and Recovery. Expert Committees contribute their expertise when required. 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 include in particular
- Registering producers
- Receiving and reviewing producers' and systems' data reports
- Reviewing and ordering declarations of completeness and publishing producers that have filed a declaration of completeness
- Reviewing the systems' financial capabilities
- Calculating and publishing the market shares of systems and sector-specific solutions
- Developing and publishing a minimum standard for determining the recyclability of packaging subject to system participation in agreement with the German Environment Agency and reviewing the systems' reports thereon
- Reviewing sector-specific solutions
- Deciding on classifying packaging as being subject to system participation, reusable packaging or single-use beverage packaging subject to deposit
- Registering experts and other auditors, rejecting and removing them from the register on a case-by-case basis
- Reviewing the systems' and sector-specific solutions' volume flow records
- Developing audit guidelines in agreement with the German Federal Cartel Office
- Informing state authorities about administrative offences
- Transmitting data to other environmental authorities
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
- Access to the systems' tender portal
- Financing agreements, including the option to terminate
- Informational and further training events for experts
- Exchanges with other authorities and bodies as appropriate
- Providing information to parties under obligation and the public within its scope of duties