With amendments to the Waste Management Act and the Packaging Ordinance, which came into force on 01. When the new legislation comes into force on January 1, 2023, an important change in the licensing and exemption of packaging must be taken into account: From next year, both mail-order companies without a registered office in Austria that sell their goods to private end consumers in this country and companies in EU member states that (still) want to take over the pre-declaration of packaging for their business customers in Austria will have to appoint authorized representatives. This concerns – unchanged – the placing on the market of packaging (disposable plastic products) or the sale of goods and commodities in packaging on the Austrian end consumer:inside market.
The authorized representative to be appointed shall assume all packaging law obligations in Austria on behalf of the commissioning company. He/she represents the foreign company vis-à-vis Austrian authorities and is responsible for “fulfilling its obligations under an ordinance pursuant to § 14 [Waste Management Act, note]”(§ 12b Waste Management Act, ris.bka.gv.at). This may also include regular packaging volume reports (as a basis for royalties) to the relevant authorities.
The specialists of Interzero will be happy to inform and advise you
As specialists with many years of experience in the field of packaging licensing, we will be happy to advise you on the extent to which your company is affected by the changes in the law. Of course, we will be happy to take over all packaging law tasks for you as your authorized representative via our subsidiary Profitara – so that you can continue to concentrate fully on your core business.
With our know-how, we not only offer you packaging licensing, but are also your contact for old electrical devices for private or commercial purposes, as well as for old batteries. Find out more in our webshop!
How to get your authorized representative contract (Update 01.01.2024)
On our Interzero contract webshop you can get more information about the authorized representative and conclude your contract from 2023.
Click here to go to our webshop! Please note that you are already registered as an existing Interzero customer . You no longer need to register, but can go straight to your customer portal to order an authorized contract. To do so, please click here!
Find the most important FAQs on this topic below!
More information
Federal Act on Sustainable Waste Management (Waste Management Act 2002 – AWG 2002)
Packaging Ordinance 2014(§ 16a, § 16b, § 16c, § 16d, § 16e)
FAQ - Frequently asked questions
The authorized representative assumes all obligations of the foreign supplier under packaging law.
Foreign mail order companies that do not have a registered office in Austria and hand over packaging or goods or goods in packaging in Austria to a private end consumer in the context of distance selling must appoint an authorized representative in Austria for packaging placed on the market as of January 1, 2023.
The same also applies to companies whose registered office is in another member state of the European Union and who wish to assume the advance obligation for packaging for their Austrian corporate customers. They may appoint a proxy. Pre-commitment is no longer possible without an authorized representative.
The regulations on the authorized representative (cf. §§ 16a to 16d of the Packaging Ordinance) stipulate that the authorized representative must be a natural person or legal entity with its registered office in Germany.
Branches established within Austria must be registered with the commercial register. Nevertheless, they do not have their own legal personality. Rather, the legal entity remains the natural person or legal entity that is also behind the main branch office.
Yes, for foreign companies/persons without a registered office in Austria, the appointment of an authorized representative is mandatory in order to continue to be able to license packaging in Austria in accordance with the law.
As of 01.01.2023, you will need an authorized representative, based in Austria. Once you have a contract and notarization, the power of attorney is valid until dissolved. Please check with your authorized representative regarding the validity of the contract.
The authorized representative is a deputy under packaging law who must assume the obligations for you from 01.01.2023. (See the next question for detailed information on commitments). Basically, any natural or legal person can be selected as an authorized representative if the following is present:
- Domicile in Austria (domestic delivery address)
- Notarized power of attorney
- Registration with BMK
Balloons, fishing gear, wet wipes, tobacco products
The authorization concerns the following area - definitions
A foreign producer is any person as defined in Article 12b(2) of the Waste Management Act 2002 (i) who distributes packaging in Austria to other than private final consumers or (ii) who distributes disposable plastic products commercially in Austria to other than private final consumers and (ii) has its registered office in another Member State of the European Union.
Foreign distance seller (single-use plastic products) is any person who commercially sells single-use plastic products, excluding packaging, in Austria directly to private end consumers by means of distance communication technology and is established in another Member State of the European Union or in a third country.
