Central office packaging register

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Central office packaging register
logo
Position of the authority Foundation, borrowed from the state
Headquarters Osnabrück
Authority management Gunda Rachut
Employee > 50
Website www.verpackungsregister.org

The Central Office for the Packaging Register ( ZSVR ) is a foundation under private law that has been operating since January 1, 2019 in accordance with Section 24 of the Packaging Act . a. as beliehene acting authority of a State. It was founded in mid-2017.

The aim of the ZSVR is to establish a transparent and fair distribution of the costs of the disposal and recycling system for the yellow bins / yellow bags ( dual system ) in the market. Every commercial first-time distributor of filled sales packaging, which typically occurs at the end user or at the so-called equivalent waste disposal, must be registered in the packaging register of the ZSVR with his master data and the brands sold by him since January 1, 2019. In addition, packaging must continue to be involved in disposal in one or more dual systems as part of product responsibility .

aims

The aim of the central office is the further development of product responsibility for the packaging law. As a lent authority, the ZSVR is to create transparency about the quantities and disposal routes of the packaging delivered to end consumers in Germany and ensure a proper and fair distribution of disposal and recycling costs. Products, materials and resources are to be kept in the economic cycle and an ecological, more recycling-friendly design of packaging to comply with the legally defined significantly higher recycling rates is to be supported. In the future, systems should improve the financial situation of packaging that meets a minimum standard for recycling-friendly design, contains recycled materials or renewable raw materials.

tasks

The tasks of the central office are finally standardized in detail by Section 26 of the Packaging Act. There is a breakdown into three areas of responsibility: the public law area including the administrative area and the private law area of ​​the foundation. The list of tasks in Section 26 of the Packaging Act is final, the ZSVR may not take on any further tasks.

Public law area

As of January 1, 2019, the public authority's tasks include the operation of a packaging register, in which all manufacturers are listed who are placing sales and outer packaging on the market for the first time in Germany and delivering them to private end consumers and equivalent sources (e.g. B. Handicrafts, gastronomy, hospitals and the leisure sector). In the register named LUCID, the listed manufacturer and brand names are public. The name of the register stands for the desired transparency. In addition, on the basis of the Packaging Act, the ZSVR has the right to classify packaging according to whether it is typically disposed of in the yellow bin / yellow sack system and is therefore subject to participation in a system. For this purpose, the ZSVR will present a catalog in the second half of 2018 [out of date] that categorizes packaging according to packaging material, fill size or other appropriate criteria as requiring system participation or not. According to Section 26 of the Packaging Act, other tasks include receiving and checking data reports from manufacturers and systems. The quantities of packaging made of all materials reported by the legally required companies are recorded in a secure database that is protected by antitrust law / data protection and other information security requirements. This means that the ZSVR is responsible for monitoring system participation by the manufacturer. The ZSVR has set up the LUCID packaging register for registration. In addition, there are tasks such as calculating the market shares of the systems, issuing guidelines and the annual publication of a minimum standard for measuring the recyclability of packaging subject to system participation.

Administrative law area

In the administrative part (also under public law) of the central office, the implementation interface and the financing of the ZSVR are regulated with the possibilities of inspection and information for the federal and state authorities. Therefore, the work routines between the ZSVR and the relevant authorities must be designed efficiently.

These purely administrative tasks are necessary because of the desired transparency for efficient implementation and for the functioning of the foundation and thus for achieving the goals of the Packaging Act.

Private law area

The civil law tasks of the ZSVR represent necessary additional competencies in order to implement the sovereign tasks of the public law area of ​​the ZSVR. Specifically, this area includes, for example, the establishment of the register and the database, access to the system's tendering portal, the implementation of financing agreements with the systems and industry solutions, and the establishment of communication processes to inform those obliged by law and the public.

construction

The organizational structure of the ZSVR has three levels:

At the highest level is the supervision, which is carried out by the Federal Environment Agency as technical and legal supervision, the Federal Audit Office and in parts by the Federal Cartel Office . The next level of control lies with the Board of Trustees, which sets the guidelines for business activities, approves the business plan and appoints and discharges the board of directors. Both the board of trustees and the board of directors are advised by the administrative board in performing their tasks.

The operational level comprises the board of directors and administration. This is where the actual authority is located, which operationally implements the tasks of the Packaging Act. This is subject to the requirements of administrative law, public procurement law and other public law requirements.

With regard to the goals of the law, the legislature has also provided for an advisory board for the foundation, which, however, lies outside the scope of the foundation and is only administered by the foundation. The advisory board is responsible for developing recommendations for improving the process of collecting, sorting and recycling waste containing recyclable materials. This includes quality assurance as well as the processing of questions of particular importance for the cooperation of municipalities and systems.

On the third level, there will be expert groups until the end of 2019 who will provide the ZSVR with technical advice in the initial phase. However, consultation procedures are carried out on all standards and guidelines so that all stakeholders concerned can contribute. The implementation of the tasks z. B. in the form of administrative acts is subject to judicial review.

Benefactor

The four donors are:

Board

In June 2017, the lawyer Gunda Rachut was appointed by the donor associations to the board of the newly established Central Office Packaging Register Foundation and has been in charge of the development and operations since then. The board represents the foundation in and out of court.

financing

The central office is financed according to Section 25 of the Packaging Act through the systems and industry solutions. These must refinance the audited and approved costs through an allocation.

At sight

The legal and technical supervision of the central office lies with the Federal Environment Agency . The Federal Audit Office is responsible for controlling budget and economic management . The review of the actions of the ZSVR with regard to antitrust issues (this also includes the handling of competition-relevant data) is part of the Federal Cartel Office .

Web links

Individual evidence

  1. ^ Foundation Central Office for Packaging Register . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).
  2. ↑ Website of the Federal Environment Ministry - BMUB: Details dates. Retrieved May 23, 2018 .
  3. ↑ New packaging law passed by the Federal Council - BMU press release . In: bmu.de . ( bmu.de [accessed on May 23, 2018]).
  4. ↑ Laura Schoen: New packaging law . In: Federal Environment Agency . May 12, 2017 ( Umweltbundesamt.de [accessed May 23, 2018]).
  5. ↑ SERVICE.BUND.DE - Federal Authorities and Institutions - Foundation Central Agency Packaging Register. Retrieved May 23, 2018 .
  6. ↑ The new Packaging Act from January 1, 2019 - new obligations for first-time distributors, distributors, experts, etc. In: Karlsruhe Chamber of Commerce and Industry (IHK) . ( ihk.de [accessed on May 23, 2018]).
  7. ↑ a b c Composition of the committees | Central Office for the Packaging Register Foundation . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).
  8. ↑ a b Board of Directors | Central Office for the Packaging Register Foundation . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).
  9. ↑ Founders and foundation documents | Central Office for the Packaging Register Foundation . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).
  10. ↑ Rachut is the director of the Central Office for Packaging Register Foundation . In: Politics & Communication . ( politik-kommunikation.de [accessed on May 23, 2018]).
  11. ↑ Gunda Rachut is the chairman of the new Central Office for Packaging Register Foundation . In: presseportal.de . ( presseportal.de [accessed on May 23, 2018]).
  12. ↑ Expert group V | Central Office for the Packaging Register Foundation . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).
  13. ↑ Supervision and control | Central Office for the Packaging Register Foundation . In: Foundation Central Office Packaging Register . ( Verpackungsregister.org [accessed May 23, 2018]).

Coordinates: 52 ° 16 '27.1 "  N , 8 ° 2' 56.4"  E