The industry-specific solution pursuant to Section 8 of the German Packaging Act (VerpackG) refers to a collection and take-back system for sales packaging that operates independently of dual systems (Section 3 (11) VerpackG). It is established by one or more initial distributors (manufacturers/importers) who take back the sales packaging they have placed on the market at designated points of generation and ensure its proper recycling. These points of generation must be equivalent to private households within the meaning of Section 3 (11) sentences 2 and 3 VerpackG and must be verifiably supplied either directly by the manufacturer or via intermediaries.

In the past, such industry-specific solutions were typically organized or operated by dual systems (or affiliated service providers) as commissioned third parties on behalf of manufacturers. However, the legal entity responsible for the industry-specific solution is always the individual manufacturer or a group of manufacturers. The law explicitly permits cooperation between several manufacturers within the same industry distributing similar goods. In such cases, a natural or legal person or partnership must be appointed as the responsible entity.

According to Section 8 (2) and (3) VerpackG, manufacturers and distributors operating an industry-specific solution must provide expert certification confirming that an appropriate industry-specific collection structure is in place at all supplied points of generation. An “industry” refers to a group of companies producing largely substitutable products or services. Accordingly, an industry-specific solution is characterized by involving only companies engaged in the manufacture or distribution of similar goods or services. Industries can, for example, be defined based on the divisions of the NACE Rev. 2 classification.

Under Section 8 (1) VerpackG, the obligation of initial distributors to participate in a dual system ceases only to the extent that they take back and recycle the sales packaging they have placed on the market at equivalent points of generation, which they supply directly or via intermediaries in a verifiable manner (industry-specific solution).

Industry-specific solutions may only be operated at points of generation equivalent to private households as defined in Section 3 (11) sentences 2 and 3 VerpackG. These are considered private end consumers because they do not resell the goods delivered to them. Retail businesses as such are therefore not considered equivalent points of generation. For example, shopping centers are not classified as such points of generation. However, individual points of generation within a shopping center may still qualify. In cases where a site partly qualifies as equivalent to private households but also engages in retail activities (e.g. a workshop selling spare parts or a hospital with a kiosk), a clear distinction must be made by the expert. Packaging arising from retail activities must not be included in the industry-specific solution.

There is no obligation for an initial distributor whose packaging arises at a point of generation covered by an industry-specific solution to participate in that solution. Initial distributors may instead choose to participate fully in a dual system, even if some of their packaging arises at such points of generation. Multiple industry-specific solutions may exist within the same industry. The collection of used sales packaging must take place at or in close proximity to the actual point of handover. Reverse logistics systems, where packaging is taken back during the delivery of new goods and transported to warehouses for recycling, are considered compliant with this requirement.

According to Section 8 (3) VerpackG, the recycling of packaging collected within an industry-specific solution must meet the requirements of the Packaging Act. This also applies to any packaging collected jointly with packaging included in the industry-specific solution. In cases of joint collection, the statutory recycling quotas must also be met for all other packaging types.

The commencement and any significant modification of an industry-specific solution must be notified in writing to the Central Agency Packaging Register (ZSVR) at least one month before taking effect. The notification must include information and documentation, most of which must be verified by certifications from a registered independent expert.

In the past, industry-specific solutions were often operated primarily with the economic goal of reducing costs compared to participation in a dual system. Provided that the packaging volumes included in the industry-specific solution were exempt from system participation, this resulted in a financial advantage compared to full system participation.

However, since 2015, the packaging volumes eligible for exemption have been limited to quantities that correspond exactly to the volumes verifiably supplied to the respective points of generation. This has significantly restricted the available volumes, as the required data structures for tracking delivery and sales volumes typically only exist in direct business relationships between manufacturers and commercial end users.