Austria: Amendments to the Waste Management Act and Packaging Ordinance
These are the main new regulations:
1. Authorized representative for packaging as of January 2023
From 2023/1/1, all non-Austrian companies selling directly to private end-consumers - both those based in the EU and those based outside the EU - must appoint an authorized representative for their packaging placed on the market. This is similar to the extended producer responsibility for electrical/electronic equipment and batteries.
Companies in an EU member state can voluntarely assume responsibility for licensing packaging supplied to commercial end users as well as Austrian resellers only by appointing an authorized representative.
On the other hand, companies located in a non-EU member state cannot assume the voluntary licensing of packaging supplied to Austrian resellers. In this case, the obligation to license the packaging remains with the Austrian resellers.
From 2023, the appointment of an authorized representative will also be obligatory for manufacturers of single-use plastic products and fishing tackle.
2. Obligations for online marketplaces and fulfilment service providers
Online marketplaces and fulfillment service providers shall contractually ensure with distributors of electrical equipment, portable batteries, packaging and/or single-use plastic products using their services that producer obligations are met. In particular, this applies to registration and participation in a collection and recycling system. Otherwise, customers are to be excluded from using the services. The respective online marketplaces and fulfillment service providers shall assume corresponding liability for this.
Do you sell electrical appliances, batteries as well as packaging via online marketplaces in Austria? Regardless of whether you have a registered office in Austria or another country, you are then affected by this regulation.
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