Austria – Lovat Compliance

Extended liability for packaging manufacturers (EPR) in Austria

Since January 1, 2023, Austria has imposed new Extended Producer Responsibility (EPR) requirements on online platforms and their business partners. Whether manufacturers or primary sellers, those parties are not permitted to use well-known digital marketplaces like Zalando, Joom, Amazon, AliExpress, or eBay to sell their goods.

Objectives and Procedure

Austrian law action highlights the producers’ responsibility in upholding their duties and seeks to assure compliance. Therefore, the producer must be responsible for the recycling of its waste. Producers usually transfer this responsibility to a third-party organization. Usually, these are companies approved by the Government of the country. Of course, these intermediaries receive compensation for their services.

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Who do EPR obligations?

Manufacturers and importers of service packaging in Austria;
Packers in Austria;
Importers with regard to the packaging of the goods or goods they import;
Self-importers with regard to the packaging of goods or goods that are purchased from abroad for the operation of their own company and which are generated as waste within the company;
Distance sellers of goods intended for Austrian consumers.

Packaging definition in Austria

Packaging means packaging materials, packaging aids or pallets made from various packaging materials to hold, protect, handle, deliver and present goods.

Packaging is assigned to “sales packaging or primary packaging”, “outer packaging or secondary packaging”, “transport packaging or third-party packaging” or possibly also service packaging.

Anyone who puts packaging material on the market must fulfill EPR obligations in accordance with their role (e.g. manufacturer, importer, packer, large-scale waste point, supplier to large-scale waste points, self-fulfiller, self-importer, mail order company, final distributor, final consumer).

New responsibilities (EPR) for Austrian producers

Obligation to enter into a contract with one of the companies approved by the Austrian government, which will take on the responsibility for recycling the packaging for a fee;
Obligation to provide information to subsequent sales levels;
Obligation to pay fees. Details for the calculation of the fees are published depending on the product group in the published in resolutions of the Austrian Ministry;
Annual reporting obligation of data for the previous calendar year. For large companies, the frequency of reporting can be quarterly or monthly.

Authorized Representative

From the beginning of 2023, foreign companies must appoint an authorized representative if they fill the Republic of Austria with their packaging when sending goods. In addition, they must issue a notarized power of attorney to the representative.

Authorized representatives are only companies or persons based in Austria.

Reporting deadline

Annual reporting deadline is by March 15 (for the previous calendar year).

Manufacturers’ liability for non-compliance with Extended Producer Responsibility (EPR) obligations in Austria

Violation of EPR requirements in Austria has serious consequences, for example:

Restriction of sales authorization (this rule is effective from January 1, 2023);
Fines and penalties that depend on the severity of the violations.

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Extended producer responsibility for EEE in Austria

In line with the WEEE Directive (2002/96/EC), which came into effect in Austria in 2005, and the 2012 Revision (Directive 2012/19/EU), which was enacted in 2014 and revised in 2016 and 2018, the pertinent regulations for the management of electrical and electronic products at the conclusion of their life cycle have been instituted in Austria.

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What the EEE encompasses

Appliances with a length surpassing 50 cm;
Apparatuses used for refrigeration;
Display units, screens, or devices featuring a screen size surpassing 100 cm²;
Compact electric devices with each side measuring less than 50 cm;
Illumination fixtures, including LED lamps;
Compact information and communication technology (ICT) devices.

Who must register for EEE in Austria

Starting January 1, 2023, in accordance with the prerequisites, all manufacturers, importers, distributors, and vendors who offer electronic and electrical goods on the Austrian market directly to end users are obligated to register and adhere to the extended producer responsibility (EPR) guidelines.

Threshold

There is no minimum threshold. All those vending electronic products in Austria must adhere to and abide by the regulations.

Registration procedure for Austrian EPR

To enroll in the system to comply with the EPR regulations in Austria, you need to follow these steps:

Enlist with the Austrian National Register – Electronic Data Management (EDM) to acquire an EPR certificate.
You can become part of the collection system, which will streamline compliance and assist in completing the initial step.
Execute a cooperation agreement.
Submit volume reports.
Payment of entry fees and eco-fees.
Continued adherence to the regulations.

The procedures may vary slightly contingent on the location of the company’s registration and the level of sales in the market.

Authorized representative

All enterprises based overseas but operating in Austria are mandated to designate an authorized representative who will be accountable for meeting all the requisite obligations. However, this is not obligatory for local firms.

Reporting Deadline

Annual reports concerning the volume of products traded on the market must be furnished by March 15 of each year. If the deadline is surpassed for an extended period, penalty will apply.

Have questions? Ask EPR team