The option to use a sector-specific solution instead of system participation provided for in the Verpackungsgesetz (Packaging Act) is a very narrowly regulated exception to system participation. It only comes into consideration for packaging that accumulates as waste with comparable sources of waste generation. For packaging waste at private households it is not an option.
The key requirements are the following:
- The goods are delivered to a so-called 'comparable source of waste generation' (section 3 (11) VerpackG (Packaging Act)), such as restaurants, barracks, administrative offices.
- The sources of waste generation are supplied directly or via intermediary distributors, and documentation of this can be provided.
- Regular return of the packaging occurs at these sources of waste generation free of charge.
- There is written confirmation of all serviced sources of waste generation, showing their integration in the collection structure.
- A written certification from a registered expert shows that the serviced sources of waste generation are integrated in a free-of-charge collection structure and the returned packaging is recovered pursuant to the requirements of section 16 (1)-(3) VerpackG, in particular with regard to the recycling quotas stipulated.
Further requirements include:
- notifying the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) of the sector-specific solution before the sector-specific solution begins;
- notifying the ZSVR of all material changes to the sector-specific solution;
- providing a volume flow record annually that complies with the requirements of the Verpackungsgesetz, and a corresponding certification from a registered expert.
If these requirements of the Verpackungsgesetz are not met, the packaging continues to be fully subject to system participation. Non-compliance constitutes an administrative offence and the packaging will be subject to a distribution ban.
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