EPR legislation in Austria: mandatory licensing for packaging and appointment of an Authorized Representative from 2023

Businesses selling products and packaging in Austria must pay particular attention: as of January 1, 2023, the country introduced the EPR regulation, the Polish equivalent of the ROP. It focuses on two main aspects: the packaging license and the appointment of an authorized representative in Austria. How do you fulfill these EPR obligations? Here are some tips.

GO TO THE PORTAL

The new EPR (VVO) regulations will come into force in Austria in 2023.

From 2023, new provisions on Extended Producer Responsibility (EPR) came into force in Austria. These impose a series of environmental obligations on companies selling products in Austria, with the aim of increasing the recycling rate of packaging and product waste and minimizing the environmental impact of company activities .

Do you sell products in Austria? Here are your obligations under the EPR regulation.

From 1 January 2023, non-Austrian entrepreneurs who place certain categories of packaging and products on the Austrian market must comply with very strict legal requirements .

According to the Austrian EPR regulation, every person introducing products is obliged to:

register with the Austrian Federal Environment Agency;
submit periodic reports on the quantities or weight of products and packaging placed on the market;
participate in the waste collection and recycling system in Austria;
pay a licensing fee, which varies depending on the type and quantity of packaging or products placed on the Austrian market.

A key aspect: economic operators cannot fulfill these obligations alone. Since they are not based in Austria, they are required to appoint an authorized representative ( Bevollmächtigter ) in the country, who will perform the importer’s duties on their behalf and be responsible for relations with local authorities.

Who is subject to EPR regulations in Austria?

The obligations under the EPR apply to all companies not established in Austria that sell the following product categories to Austrian customers:

packaging, including product packaging, transport packaging and shipping packaging,
electrical and electronic equipment (EEE),
batteries and accumulators.

The new rules apply to both companies based in an EU country and those based outside the EU. They are particularly aimed at companies offering their products through sales platforms such as eBay, Amazon, and Zalando.

The obligations imposed on emitters by the EPR regulations must therefore be respected by:

importers of packaged products, equipment, batteries and accumulators intended for the Austrian market,
Merchants who sell packaging, packaged products, equipment, and batteries directly to consumers in Austria through their own e-shops or online sales platforms.

The EPR regulation does not provide for quantitative exemptions : the appointment of an authorised representative in Austria is mandatory for every importer, even if only a few products or packaging are subject to the EPR regulation.

Already have an authorized representative in Austria? Sign a contract with Interzero!

For over 30 years, Interzero has been providing professional and comprehensive environmental services to clients across all sectors. We operate in 10 countries, including Austria, where we handle matters such as licensing, waste management, and recycling on behalf of our clients.

As an authorized representative of your company, Interzero will take care of:

register your company with the relevant authorities,
manage the license for packaging placed on the Austrian market,
prepare and submit all declarations required by EPR legislation in Austria,
organize the management of waste resulting from packaging and products placed on the Austrian market by your company,
Represent your company before the Austrian authorities in all matters relating to products and packaging placed on the market.

With a single contract , you can delegate to us all your obligations related to the introduction of packaging, electrical and electronic equipment, and batteries on the Austrian market.

How can I appoint Interzero as an authorized representative for my company?

Register on our online portal and enter your company details.
Select the scope of work we’ll perform on behalf of your company. Remember: packaging, electrical equipment, and batteries can be covered under a single contract.
Indicates the quantities/weights of packaging and products placed on the Austrian market.
Follow the further instructions and confirm the conclusion of the contract.

FAQ

Find answers to frequently asked questions about the Authorized Representative for EPR service in Austria.

Who is an authorized representative?

An Authorized Representative for EPR in Austria is a natural or legal person registered in the Croatian Register of Extended Producer Responsibility who assumes full responsibility, on behalf of the foreign company, for fulfilling EPR obligations in Austria for specific product categories.

Who is required to appoint an authorized representative in Austria?

The obligation to appoint an authorized 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 end consumers (private individuals),
and at the same time they are not based in Austria.

Since when is there an obligation to appoint an authorized representative in Austria?

From 1 January 2023: for operators placing packaging and packaged products on the Austrian market.
From 2018: for importers of electrical and electronic equipment.
From 2019: for importers of batteries and accumulators.

Who can be an authorized representative of a company in Austria?

Any natural or legal person may act as an authorized representative of your company in Austria who:

have their registered office or a delivery address in Austria,
is registered with the BMK ( Bundesministerium für Klimaschutz, Umwelt, Energie, Mobilität, Innovation und Technologie ).

An essential condition for appointing an authorized representative is the issuance of a power of attorney with a signature certified by a notary.

What responsibilities will my company have as an authorized representative in Austria?

The task of your company’s authorized representative in Austria is to fulfill all importer obligations under the VVO ( Verpackungsverordnung, Packaging Ordinance) and the EPR (Extended Producer Responsibility) regulations.

The importer’s obligations carried out by the authorised representative in Austria include:

company registration with the Austrian Federal Environment Agency,
periodic submission of reports relating to the quantities or weights of products and packaging placed on the Austrian market,
membership in one of the waste collection and recycling systems in Austria,
annual payment of the license fee for packaging and products placed on the market.

Important: The authorized representative does not personally pay the licensing fee. In addition to the fee for appointing the representative, each company is still required to pay the licensing fee for packaging, which the authorized representative simply forwards to the competent authorities.

The complete list of obligations for each product group is contained in the following regulatory acts:

Packaging and packaged products – 16a–16d of the Packaging Ordinance ( Verpackungsverordnung ),
Batteries – 25a–25c of the Batterienverordnung (Battery Ordinance),
Electrical and electronic equipment – 13a of the Waste Management Act 2002 (AWG 2002) and 21a–21c of the EAG-VO.

Which products are covered by the EPR in Austria?

The Extended Producer Responsibility (EPR) regulations in Austria cover:

packaging and packaged goods,
electrical and electronic equipment,
batteries and accumulators.

Do companies with a branch in Austria have to appoint an authorized representative?

Yes. According to EPR regulations in Austria, only an entity with legal personality can act as an authorized representative. Branches of companies, however, do not have legal personality and therefore cannot act as such.

Does Interzero also offer EPR Authorized Representative services in other countries?

Yes. We currently provide authorized representation services in all 27 EU member states, as well as the United Kingdom, Norway, and Switzerland. We act on behalf of both EU and non-EU companies.

Thanks to our comprehensive EPR services, entrepreneurs placing packaging and products in multiple European markets can quickly, conveniently, and centrally appoint an Authorized Representative in different European countries.