EPR legislation in Austria: from 2023 mandatory licensing of packaging and establishment of an authorised representative
Polish entrepreneurs selling products and packaging to Austria should be on guard - as of 1 January 2023, the country has introduced EPR regulations, which are the equivalent of the Polish ROP. They centre around 2 main issues: packaging licensing and the establishment of an authorised representative in Austria. How to implement the obligations under the EPR? We suggest.
As of 2023, new EPR (VVO) regulations have come into force in Austria
With the start of 2023, the following became effective in Austria the new extended producer responsibility provisions, known as EPR provisions (English. Extended Producer Responsibility). They impose a number of environmental obligations on businesses selling products to Austria, with the aim of increasing the recycling rate of packaging and product waste and minimising the environmental impact of businesses' activities.
Selling products to Austria? Here are your obligations under the EPR (VVO) regulations
From 1 January 2023, entrepreneurs not established in Austria who place certain categories of packaging and products on the Austrian market must meet stringent legal requirements.
According to the Austrian EPR regulations, every introducer is obliged to:
- registration with the Austrian Federal Environment Agency (the equivalent of the Polish BDO registration),
- the submission of periodic reports on the quantities or weights of products and packaging introduced,
- participation in the waste collection and recycling system in Austria,
- to pay a licence fee depending on the type and quantity of packaging or products placed on the Austrian market.
Importantly, traders cannot carry out these obligations alone - not being based in Austria means that must appoint an authorised representative in Austria (Bevollmächtigten), who will carry out the duties of an introducer on their behalf and be responsible for liaising with local authorities.
Who is affected by the EPR regulations in Austria?
The obligations under the EPR concern each company not established in Austria, which sells to Austrian customers the following product categories:
- packaging, including product packaging, transport packaging and shipping packaging,
- electronic and electrical equipment (EEE),
- batteries and accumulators.
The new rules apply to businesses based in any EU country as well as those based outside the EU. They are mainly aimed at companies that offer their products on sales platforms, e.g. eBay, Amazon, Zalando.
The obligations of the introducer set out in the EPR regulations must therefore be fulfilled:
- importers of packaged products, equipment and batteries and accumulators for the Austrian market,
- traders selling packaging, packaged products, equipment and batteries directly to consumers in Austria using their own online shops or online sales platforms.
The EPR regulations do not provide for quantitative exemptions - The establishment of an authorised representative in Austria is an obligation for every introducer, even if they only sell a few products or packages covered by the EPR into Austria.
Do you already have an authorised representative in Austria? Sign a contract with Interzero!
The Interzero Group has been providing professional, comprehensive environmental services to clients in every industry for more than 30 years. We are present in 10 countries, including Austria, where we we take over responsibilities from our clients relating to, among other things, licensing, waste management and recycling.
As an authorised representative of your company, we will take care of:
- registration of your company in the relevant authorities,
- packaging licensing launched on the Austrian market,
- reporting, i.e. the preparation and submission of all reports required by EPR regulations in Austria,
- the provision of waste management arising from packaging and products introduced by your company into the Austrian market,
- representation of your company before the Austrian authorities in all matters relating to introduced products or packaging.
By signing one contract, you will hand over to us all of your responsibilities for the introduction of packaging, electrical and electronic equipment and packaging and batteries onto the Austrian market.
How do I make Interzero an authorised representative of my company?
- Register with our online portal and complete your company details.
- Select the scope of duties we are to carry out on behalf of your company. Remember that packaging, electrical equipment and batteries can be covered by one contract.
- Indicate the quantities/masses of packaging and products entering the Austrian market.
- Follow the further instructions and confirm the conclusion of the contract.
Find out more about the authorised representative service and packaging licensing in austria.
FAQ
Find out the answers to the most common questions about establishing an authorised representative and packaging licensing in Austria.
The authorised representative is company representative who takes over upon oneself implementation of the introducer's obligations packaging and products for the Austrian market.
The obligation to appoint an authorised representative in Austria applies to entrepreneurs who:
- place packaging, packaged products, electrical and electronic equipment or batteries and accumulators on the Austrian market, selling them to individual consumers (consumers, individuals),
and at the same time
- are not based in Austria.
Traders placing packaging and packaged products on the Austrian market are required to appoint an authorised representative of the from 1 January 2023
Introducers of electrical and electronic equipment and batteries and accumulators are obliged to appoint an authorised representative in Austria respectively from 2018 and 2019.
The company's authorised representative in Austria can be any natural or legal person, which:
- has its registered office or delivery address in Austria,
- is registered with BMK (Bundesministerium für Klimaschutz, Umwelt, Energie, Mobilität, Innovation und Technologie).
The prerequisite for appointing an entity as an authorised representative of your company is the granting of a power of attorney with a notarised signature.
The task of your company's authorised representative in Austria is to realise all obligations of the introducer under the VVO (German: Versicherungsverband Österreich) and EPR, i.e. from the provisions on extended producer liability.
Introducer duties carried out by the authorised representative in Austria include:
- registration of the company with the Austrian Federal Environment Agency,
- the submission of cyclical reports on the quantities or weights of products and packaging placed on the Austrian market,
- joining one of the waste collection and recycling systems in Austria,
- annual payment of a licence fee for the packaging and products introduced.
The authorised representative does not pay the licence fee - in addition to the fee for appointing an authorised representative, each company is also obliged to pay a packaging licensing fee, which the authorised representative merely passes on to the relevant authorities.
The full catalogue of obligations for each product group can be found in the following legislative acts:
- Packaging and packaged products - Sections 16a to 16d of the Packaging Ordinance,
- Batteries - § 25a to 25c Batteries-VO,
- waste electrical equipment - section 13a of the Waste Management Act 2002 (AWG 2002), sections 21a to 21c of the EAG-VO.
The Extended Producer Responsibility (EPR) regulations in Austria include:
- packaging and packaged goods,
- electrical and electronic equipment,
- batteries and accumulators.
Yes. According to the EPR regulations in Austria, only an entity with legal personality can be an authorised representative. Branches of companies, on the other hand, do not have legal personality.