At a glance: the public registers
In accordance with its statutory mandate, the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) publishes a list of registered producers within the meaning of the PPWR, as well as a list of experts and other auditors. The former is called the 'register of producers', the latter has two divisions and is known as the 'register of auditors'. The ZSVR also publishes a list of producers that have submitted a declaration of completeness.
The registers in detail
Producers under the PPWR are required to register with the ZSVR’s LUCID Packaging Register. This applies equally to goods in packaging that is subject to system participation and to goods in packaging that is not subject to system participation.
Failing to register results in a distribution ban for the products in question that also applies to downstream distributors. In this case, producers are neither allowed to make empty packaging or packaged products available nor are they allowed to unpack packaged products.
The Verpackungsrecht-Durchführungsgesetz (Packaging Law Implementation Act) distinguishes between first-time registration and reports of any changes to master data already stored with the LUCID Packaging Register. The ZSVR publishes the registered producers with the following details as required by section 6 VerpackDG:
Registration number (remains the same in the register, even where changes are reported)
Registration date
Name, address and contact details (postcode, town/city, street address, country, telephone number)
European or national taxpayer reference number
Details about the packaging types which the producer makes available in Germany for the first time, or from which they unpack packaged products
Brand names under which the producer makes their packaging available in Germany for the first time
Authorised representative
When a company terminates its registration, the termination date is published in the LUCID Packaging Register. The information that had been published is then deleted three years after the end of the year in which the registration was terminated.
The publication of registered producers allows consumers, distributors and competitors to search for specific producers or brand names and to check if the producer has met their registration requirement. The register cannot be used to check if business partners have participated their packaging subject to system participation with a system. System participation has to be verified by other means – and the legislator has left it up to the individual to choose how. System operators can provide their clients with a confirmation that they have entered into a system participation agreement.
The ZSVR offers an automated register excerpt. The European or national taxpayer reference number provided during registration can be used to search for the registration status (yes/no) and to check whether an authorised representative must be appointed (yes/no). In order to use this function for checking the registration status of business partners, electronic marketplaces, fulfilment service providers, drop shipping sellers or other redistributors must first register with the LUCID Packaging Register and request the register excerpt there.
As part of its statutory duties, the ZSVR compiles a register of auditors that includes experts and other auditors who have indicated their intention to conduct the audits provided for by the Verpackungsrecht-Durchführungsgesetz (Packaging Law Implementation Act).
The register of auditors is made up of two divisions:
Division 1 lists the following experts:
Publicly appointed experts
Environmental verifiers or organisations
Experts accredited by a national accreditation body
Foreign experts (experts in another EU Member State or another country in the European Economic Area)
These registered experts are authorised to audit the volume flow records of systems and sector-specific solutions. They are also authorised to audit declarations of completeness.
Division 2 lists the following other types of auditors:
Auditors
Tax advisers
Sworn accountants
These auditors are authorised to audit the declarations of completeness.
Publication of the register of auditors fosters transparency and makes it easier for systems, sector-specific solutions, producers and other distributors to find experts and other auditors.
The ZSVR may reject listing an expert or other auditor in the register of auditors if the respective expert or other auditor cannot produce suitable evidence of their professional certification upon request. This certification may be evidenced, for example, by a relevant certificate or confirmation of an appointment.
Each year, the ZSVR offers a training course on using the audit guidelines. The course also deals with the use of the LUCID Packaging Register, including technical requirements for electronic signatures and file formats, and covers the public register of auditors.
Registered experts and other auditors are required to complete one of these training courses within six months of being added to the register of auditors, and then once every five years. If they do not comply with this obligation, the ZSVR can remove the registered expert or other auditor from the register of auditors until they have attended the course.
The ZSVR can also remove a registered expert or other registered auditor from the register for up to five years if they repeatedly breach the audit guidelines or the provisions of the Einwegkunststofffondsgesetz (Single-Use Plastic Fund Act) in gross dereliction of duty.
As part of its statutory duties, the ZSVR keeps a list of producers known as the ‘DoC list’. The list is public and includes all producers who have filed a declaration of completeness by no later than 15 May of any given year for the previous year.