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Foundation & Authority

Bodies, Committees and Management Board

Section 28 Verpackungsgesetz (Packaging Act – VerpackG) 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 & Chair
  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 Management Board with its 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 bylaws.
 

Structure of the Foundation

Constitution of the various Bodies and Committees

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 Recycling (the 'Bodies'). The Articles of Association of the ZSVR (Link), which were drafted in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, further clarify those provisions.

The way in which the members of the ZSVR's 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, care is to be taken in constituting the Bodies to ensure that the involvement of stakeholders is commensurate with the primary responsibility they bear for financing the private sector's waste management system. Other producers and distributors as per section 24 (1) VerpackG (link), are also able to collaborate with the Bodies of the ZSVR. Furthermore, when determining those entitled to nominate candidates, care was taken to choose stakeholder groups who represent as large a group as possible of those who are obligated under the Verpackungsgesetz to give effect to the spirit of section 24 VerpackG.


1. Management Board & Chair

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.

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) is 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 and Committees, as well as implementing an efficient and sustainable compliance management system.

In the endowment transaction dated 3 March 2017, Mrs Gunda Rachut was appointed the first Chair of the Foundation. This appointment became effective with the recognition of the Foundation through the foundation authorities. Mrs 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 to the Management Board 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 Dr Alexander Dröge, the Foundation's Secretary General as the Chief Representative for the ZSVR.


2. Board of Trustees

The Board of Trustees of the ZSVR determines the guidelines for the Foundation's business activities. This includes: appointing and recalling the Management Board and its Chair, issuing the bylaws for the Management Board and its Chair, approving the budget (including the appointment of auditors), auditing and approving of the annual financial statements (including approval of the actions of the Management Board and its Chair), establishing and disbanding Expert Committees as well as amending the Articles of Association.

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

  • eight members representing producers and distributors as defined by section 24 (1) VerpackG,
     
  • 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)
     
  • a member for the Federal Ministry for Economic Affairs and Energy,
     
  • a member for the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

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

  • 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 Plastics Association), 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 annually.

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 selects a Chair 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.

Chair: Franz-Olaf Kallerhoff; Procter & Gamble Germany GmbH; Schwalbach a. TS
Vice-chair: Markus Mosa; EDEKA Zentrale AG & Co. KG; Hamburg

Members
Producers and distributors as defined by section 24 (1) VerpackG

Bernhard Borgardt; Ostedruck Bernhard-J. Borghardt GmbH & Co. KG; Bremervörde
Dr Martin Engelmann; IK Industrievereinigung Kunststoffverpackungen e. V.; Bad Homburg
Peter Feller; Bundesvereinigung der Deutschen Ernährungsindustrie e. V.; Berlin
Stefan Genth; Handelsverband Deutschland – HDE e. V.; Berlin
Franz-Olaf Kallerhoff; Procter & Gamble Germany GmbH; Schwalbach a. TS
Christian Köhler; Markenverband e. V.; Berlin
Markus Mosa; EDEKA Zentrale AG & Co. KG; Hamburg
Paul-Heinz Wesjohann; Lohmann & Co. AG; Visbeck

Federal states
Axel Steffen; Ministry for Rural Development, Environment and Agriculture; Potsdam
Kamp, Hildegard; Senate Administration for Climate Protection, Environment, Mobility, Urban Development and Housing; Bremen

Leading local associations
Detlef Raphael; Deutscher Städtetag (Association of German Cities); Berlin

Federal Ministry for Economic Affairs and Energy
Dr Thomas Gäckle; Berlin

Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Thomas Schmid-Unterseh; Bonn
 


3. Administrative Board

The Administrative Board of the ZSVR advises the Board of Trustees and the Management Board with its Chair on performing their duties. To this end, the Management Board and its Chair report 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 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, with the Bundesvereinigung der Deutschen Ernährungsindustrie e. V., the Handelsverband Deutschland – HDE e. V., the IK Industrievereinigung Kunststoffverpackungen e. V., the Markenverband e. V., and the Bundesverband der deutschen Industrie e. V. (Federation of German Industries) each appointing two members,
     
  • a member for the Federal Ministry for Economic Affairs and Energy,
     
  • a member for the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety,
     
  • a member for the German 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
     
  • one member for the local authority waste management sector, appointed by the Verband kommunaler Unternehmen e. V. (German Association of Local Utilities – VKU),
     
  • 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 Deutscher 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 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.

Chair: Dr Günther Kabbe, REWE Group, Cologne
Vice-chair: Eric Rehbock; bvse-Bundesverband Sekundärrohstoffe und Entsorgung e. V.; Bonn

Members of the Administrative Board
Producers and distributors as defined by section 24 (1) VerpackG

Christian Claes; Profectus Films GmbH; Horn-Bad Meinberg
Werner Gerdes; riha WeserGold GmbH & Co. KG; Rinteln
Antje Gerstein; Handelsverband Deutschland – HDE e. V.; Brussels
Klaus Heitlinger; Verband der deutschen Fruchtsaft-Industrie e. V. (VdF); Bonn
Dr Günther Kabbe; REWE Group; Cologne
Holger Lösch; Bundesverband der Deutschen Industrie e. V.; Berlin
Hans-Jürgen Schmidt; DAVR – Deutsche Aluminium Verpackung Recycling GmbH; Grevenbroich
Dr Isabell Schmidt; IK Industrievereinigung Kunststoffverpackungen e. V.; Bad Homburg
Wolfgang Wäntig; Melitta Europa GmbH & Co. KG; Minden
Carola Wandrey; Markenverband e. V.; Berlin

Federal Ministry for Economic Affairs and Energy
Helmuth Pallien; Berlin

Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Thomas Schmid-Unterseh; Bonn

German Environment Agency
Dr Alexander Janz; Dessau-Roßlau

Federal states
Hans-Joachim Peters; Ministry for Agriculture, Environment and Climate Protection; Potsdam
Martin Zeymer; Senate Administration for Climate Protection, Environment, Mobility, Urban Development and Housing; Bremen

Leading local associations
Dr Kay Ruge; Deutscher Landkreistag (German County Association); Berlin

Local authority waste management sector
Patrick Hasenkamp, Abfallwirtschaftsbetrieb Münster; Münster

Private waste management sector
Eric Rehbock; bvse-Bundesverband Sekundärrohstoffe und Entsorgung e. V., Bonn

Systems
Michael Wiener; DSD – Duales System Holding GmbH & Co. KG

Environmental and consumer associations
Sascha Roth; NABU – Naturschutzbund Deutschland e. V. (Nature and Biodiversity Conservation Union); Berlin
Philip Heldt; Verbraucherzentrale Nordrhein-Westfalen e. V. (Consumer Association of North Rhine-Westphalia); Dusseldorf
 


4. Supervision & control

In section 24 of the Verpackungsgesetz, the 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), 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 German 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. 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 Federal Ministry for 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
  • German Environment Agency – legal and technical supervision in public law matters
  • German Federal Audit Office – oversight of the budget and/or spending, and the economical use of funds
  • German 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 about 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,
     
  • one member for the local authority waste management sector, appointed by the Verband kommunaler Unternehmen e. V.,
     
  • two members for the dual systems, appointed by the 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. and the bvse-Bundesverband Sekundärrohstoffe und Entsorgung e. V. appointing one member each.

Chair:  Thomas Pfaff; Jakob Becker GmbH & Co. KG; Mehlingen
Vice-chair:  Dr Torsten Mertins; Deutscher Landkreistag; Berlin

Members
Leading local associations

Wilhelm Carl; Abfallwirtschaftsbetrieb der Stadt Bergisch Gladbach; Bergisch Gladbach
Dr Torsten Mertins; Deutscher Landkreistag; Berlin
Thomas Patermann, Wirtschaftsbetrieb Duisburg AöR; Duisburg

Local authority waste management sector
Dr Holger Thärichen; Verband Kommunaler Unternehmen e. V.; Berlin

Dual systems
Dr Fritz Flanderka; Reclay GmbH; Cologne
Dirk Staubach; Landbell AG für Rückhol-Systeme; Mainz

Private waste management sector
Dr Dirk Textor; OPG Holding GmbH; Teningen


6. Expert committees

The 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 German Environment Agency, as the legal and technical supervisor of the Foundation, and the German Federal Cartel Office, which plays a central role in certain activities in relation to its agreement.

In addition, the Management Board and Chair, with the approval of the Board of Trustees, may also assemble Expert Committees to take advantage of the specialist expertise companies can provide. The Expert Committees are never involved in making legal classifications or decisions.

All the Expert Committees are assembled for limited terms, in line with the requirements of and agreements with the German Federal Cartel Office.

The members of the Expert Committees are chosen at the discretion of the Management Board / Chair according to technical expertise, which may vary between 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 and other parties under obligation (e.g. systems via the clearing house) or technical experts (e.g. companies and associates for certain types of materials). The Management Board of the ZSVR and its Chair also have discretion to decide whether third parties (guests) may take part in Expert Committee meetings.

Further details can be found in the foundational documents of the ZSVR on Expert Committee work (These documents are only available in German):

  1. Chair guidelines on the use and constitution of Expert Committees guidelines
  2. Expert Committee working concept (working concept)
  3. Sample Expert Committee rules of procedure (rules of procedure)

The Expert Committees as currently assembled are set out below with their respective concepts as decided by the Board of Trustees (These documents are only available in German).