ZSVR Foundation's Certificate of Registration
About us
The ZSVR – short for 'Zentrale Stelle Verpackungsregister' (Central Agency Packaging Register) – is a foundation incorporated under German civil law. It officially began operating on 1 January 2019, when the Verpackungsgesetz (Packaging Act) entered into force. Entrusted with statutory duties to implement the Verpackungsgesetz, the ZSVR acts as a federal authority throughout Germany. Its status as a federal authority was recognised in a decision handed down by the Federal Administrative Court, Germany's supreme administrative court.
Why we are here
For the packaging recycling market to work effectively, financial interests have to be aligned. In other words, companies need to cover the costs of recycling their retail, grouped or shipment packaging. As the ZSVR, we are tasked with establishing a level playing field and monitoring whether everybody is playing by the rules. The ZSVR was founded to enhance the market oversight of distributors of packaged goods and recovery systems. Working with state enforcement authorities, the ZSVR promotes transparency and fair competition as producer responsibility is put into practice. In the past, companies that avoided these responsibilities ('free riders') caused competitive distortions, leading to annual losses of more than €200 million that law-abiding companies had to absorb.
Who we are
As a supervisory authority, our job is to create a level playing field and ensure costs are fairly distributed, with the ultimate aim of reducing the environmental impact of packaging waste and ensuring that packaging recycling costs are covered. We are dedicated to agile working and to providing all companies under obligation with digital processes that are both easy to use and legally reliable.
What we do
We operate the LUCID Packaging Register that makes producer responsibility visible. We reconcile packaging volumes. And we publish standards promoting recycling-friendly packaging design. Our statutory duties also include:
Statutory duties
Registering all producers of packaged goods with the LUCID Packaging Register
Accepting and reviewing producers' and systems' packaging volume reports (data reporting)
Reviewing and ordering declarations of completeness and publishing producers that have filed a declaration of completeness
Reviewing volume flow records and recycling rates
Reviewing systems' financial capacity
Defining a minimum standard to promote packaging recyclability
Calculating and publishing the market shares of systems and sector-specific solutions
Managing the register of auditors and creating audit guidelines for experts and auditors
Private law duties
Setting up and maintaining the LUCID Packaging Register and database
Accessing the systems' tender portal
Concluding financing agreements with systems and sector-specific solutions
Training registered experts
Working together with other authorities
Informing parties under obligation and the general public
Organisation of the ZSVR
The structure of the ZSVR Foundation is governed by the Verpackungsgesetz:
The Foundation was established on 1 January 2019 by producers of packaging subject to system participation, distributors of retail or grouped packaging that has not yet been filled, or associations representing their interests, in line with section 24 VerpackG.
The goal was to have as wide a range of parties under obligation as possible represented. To do so, the following associations assumed responsibility for setting up the ZSVR and pre-financing it during this early stage:
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 unfilled retail or grouped packaging who directly or indirectly bear primary financing responsibility for the private sector's residential waste management system dedicated to the collection and disposal of 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 oversight is the responsibility of the German Environment Agency.
What you need to know
The ZSVR is established as a foundation under German civil law. Entrusted with statutory duties, it has been acting as a federal authority throughout Germany since 1 January 2019. In this capacity, it is subject to the legal and technical oversight of the German Environment Agency. In many aspects of its work, the ZSVR is required to act in unison with other authorities, such as the aforementioned German Environment Agency or the German Federal Cartel Office. Decisions made by the ZSVR as administrative acts are subject to judicial scrutiny. The German Federal Audit Office is responsible for oversight of the ZSVR's budget and use of funds.
The costs associated with the ZSVR are covered by levies paid by those who cause them to be incurred: the systems and sector-specific solutions. These levies are restricted to 'necessary costs'. The necessary costs must be attested by an auditor and the determination of the levies must be approved by the German Environment Agency. The German Federal Audit Office checks to ensure that the funds are being used economically by reviewing the budget and use of funds.
The register is public and features a search function so that anyone (clients, competitors, enforcement authorities, systems, environmental or consumer associations, etc.) can check whether an initial distributor of packaging is complying with the law. Section 9 (4) VerpackG requires the ZSVR to make the following information publicly accessible:
Name, address and contact details of the producer (in particular postcode and town/city, street address, country and telephone number) as well as VAT number or taxpayer reference number
Brand names under which the producer places packaging on the German market
This transparency is the purpose of the public register. Organisations distributing their goods in packaging subject to system participation are required to pay for the recycling of this packaging to fulfil their producer responsibility under the Verpackungsgesetz by participating that packaging in a system. In the past, many distributors (producers, retailers) failed to fulfil their statutory producer responsibility and other producers had to bear the cost for these 'free riders'. The register is designed to bring an end to those competitive distortions. It enables market participants, alongside interventions by the ZSVR as an authority or by state enforcement authorities in their respective remits, to investigate or bring actions under civil law, helping to prevent unfair competitive disadvantages.
Contact for legal and technical oversight and appeal procedures
The German Environment Agency has held legal and technical oversight for the ZSVR since the Verpackungsgesetz fully entered into force on 1 January 2019. The German Environment Agency is also the reviewing authority in appeal procedures against administrative acts issued by the ZSVR. The German Environment Agency is also
the authority whose agreement is required for
permissions granted by the ZSVR to systems to publish reports pursuant to section 21 (2) VerpackG and
the minimum standard for recycling-friendly design.
the authority whose approval is required for the determination of the ZSVR's levies and its accounting.
The German Environment Agency can be reached at:
German Environment Agency
Subject area: 'VerpackG enforcement'
Section III 1.6 'Plastics and packaging'
Wörlitzer Platz 1
06844 Dessau-Rosslau
Germany
Telephone: +49 340 2103-0
E-mail: verpackg@uba.de
www.umweltbundesamt.de/en