EPR regulations in Austria: mandatory licensing of packaging and appointment of an authorised representative from 2023
Polish entrepreneurs selling products and packaging to Austria should be careful – since 1 January 2023, this country has introduced EPR regulations, which are the equivalent of the Polish EPR. They focus on 2 main issues: licensing of packaging and establishing an authorized representative in Austria. How to fulfill the obligations arising from EPR? We advise.
From 2023 new EPR (VVO) regulations came into force in Austria
At the beginning of 2023, new Extended Producer Responsibility ( EPR) regulations came into force in Austria. They impose a number of environmental obligations on entrepreneurs selling products to Austria, the aim of which is to increase the level of recycling of packaging and product waste and to minimize the impact of entrepreneurs’ activities on the environment.
Are you selling products to Austria? Here are your obligations under the EPR (VVO) regulations
From 1 January 2023, entrepreneurs not established in Austria who introduce certain categories of packaging and products to the Austrian market must meet strict legal requirements . According to the Austrian EPR, every person introducing them is obliged to:
- registration with the Austrian Federal Environmental Agency (equivalent of the Polish entry in the BDO register),
- submitting periodic reports on the quantity or weight of introduced products and packaging,
- participation in the waste collection and recycling system in Austria,
- paying a license fee depending on the type and quantity of packaging or products introduced to the Austrian market.
Importantly, entrepreneurs cannot fulfil these obligations on their own – the lack of a registered office in Austria means that they must appoint an authorised representative in Austria (Bevollmächtigten), who will fulfil the obligations of the introducer on their behalf and be responsible for contacts with local authorities.
Who does the EPR regulation apply to in Austria?
The obligations under the EPR apply to any company not based in Austria that sells the following product categories to Austrian customers :
- packaging, including product packaging, transport packaging and shipping packaging,
- electronic and electrical equipment (EEE),
- batteries and accumulators.
The new regulations apply to both entrepreneurs based in any EU country and those 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 specified in the EPR regulations must therefore be fulfilled by:
- importers of packaged products, equipment and batteries and accumulators to the Austrian market,
- entrepreneurs selling packaging, packaged products, equipment and batteries directly to customers in Austria using their own online shops or online sales platforms.
The EPR does not provide for quantitative exemptions – the appointment of an authorised representative in Austria is the obligation of every introducer, even if he sells only a few products or packages covered by the EPR to Austria.
Do you already have an authorized representative in Austria? Sign a contract with Interzero!
The Interzero Group has been providing professional, comprehensive environmental services to clients from every industry for over 30 years. We are present in 10 countries, including Austria, where we take over responsibilities from our clients, including licensing, waste management and recycling.
As an authorized representative of your company, we will take care of:
- registering your company with the appropriate offices,
- licensing of packaging introduced to the Austrian market,
- reporting , i.e. preparation and submission of all reports required by EPR regulations in Austria,
- ensuring the management of waste generated from packaging and products introduced by your company to the Austrian market,
- representing your company before the Austrian authorities in all matters relating to the introduced products or packaging.
By signing one contract, you will transfer to us all your obligations related to the introduction of packaging, electrical and electronic equipment as well as packaging and batteries to the Austrian market.
How do I appoint Interzero as an authorized representative of my company?
- Register on our online portal and complete your company details.
- Choose the scope of duties that we should perform on behalf of your company. Remember that packaging, electrical equipment and batteries can be covered by one contract.
- Indicate the quantities/weights of packaging and products introduced to the Austrian market.
- Follow the further instructions and confirm the contract.
Find out more about the authorised representative service and packaging licensing in Austria .
FAQ
Find answers to the most frequently asked questions about appointing an authorized representative and licensing packaging in Austria.
An authorized representative is a company representative who takes on the responsibilities of introducing packaging and products to the Austrian market.
The obligation to appoint an authorised representative in Austria applies to entrepreneurs who:
- introduce packaging, packaged products, electrical and electronic equipment or batteries and accumulators to the Austrian market , selling them to individual recipients (consumers, natural persons),
and at the same time
- are not based in Austria.
Entrepreneurs introducing packaging and packaged products to the Austrian market are obliged to appoint an authorised representative from 1 January 2023.
Companies that introduce electrical and electronic equipment and batteries and accumulators into the market are required to appoint an authorised representative in Austria from 2018 and 2019 respectively.
The authorized representative of the company in Austria may be any natural or legal person who:
- has its registered office or delivery address in Austria,
- is registered with the BMK (Bundesministerium für Klimaschutz, Umwelt, Energie, Mobilität, Innovation und Technologie).
The condition for appointing a given entity as an authorized representative of your company is to grant it a power of attorney with a notarized signature.
The task of your company’s authorized representative in Austria is to fulfill all the obligations of the introducer resulting from the VVO (German: Versicherungsverband Österreich) and EPR , i.e. the regulations on extended producer responsibility. The obligations of the introducer fulfilled by the authorized representative in Austria include:
- company registration with the Austrian Federal Environment Agency,
- submitting periodic reports on the quantity or weight of products and packaging introduced to the Austrian market,
- joining one of the waste collection and recycling systems in Austria,
- annual payment of a license fee for introduced packaging and products.
The authorized representative does not cover the license fee – in addition to the fee for appointing an authorized representative, each company is also required to pay a fee for packaging licensing, which the authorized representative only passes on to the appropriate authorities. The full list of obligations for individual product groups can be found in the following legislative acts:
- Packaging and packaged products – Sections 16a to 16d of the Packaging Regulation,
- batteries – § 25a to 25c Bateries-VO,
- waste electrical equipment – Section 13a of the Waste Management Act 2002 (AWG 2002), Sections 21a to 21c EAG-VO.
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 authorized representative. Branches of companies do not have legal personality.
