{"id":7519,"date":"2022-12-15T13:20:55","date_gmt":"2022-12-15T12:20:55","guid":{"rendered":"https:\/\/interzero.at\/blog\/change-in-the-law-who-needs-an-authorized-representative-based-in-austria-from-january-1-2023\/"},"modified":"2024-11-15T15:29:53","modified_gmt":"2024-11-15T14:29:53","slug":"change-in-the-law-who-needs-an-authorized-representative-based-in-austria-from-january-1-2023","status":"publish","type":"post","link":"https:\/\/interzero.at\/en\/blog\/change-in-the-law-who-needs-an-authorized-representative-based-in-austria-from-january-1-2023\/","title":{"rendered":"Change in the law: Who needs an authorized representative based in Austria from January 1, 2023."},"content":{"rendered":"

[vc_row][vc_column width=”1\/1″][vc_column_text uncode_shortcode_id=”174793″]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.<\/p>\n

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-\u00e0-vis Austrian authorities and is responsible for “fulfilling its obligations under an ordinance pursuant to \u00a7 14 [Waste Management Act, note]”(\u00a7 12b Waste Management Act<\/a>, ris.bka.gv.at<\/a>). This may also include regular packaging volume reports (as a basis for royalties) to the relevant authorities.<\/p>\n

The specialists of Interzero will be happy to inform and advise you<\/h3>\n

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.<\/p>\n

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! <\/p>\n

How to get your authorized representative contract (Update 01.01.2024)<\/strong><\/h3>\n

On our Interzero contract webshop you can get more information about the authorized representative and conclude your contract from 2023.<\/p>\n

Click here<\/a> to go to our webshop! Please note that you are already registered as an existing Interzero customer<\/strong> . 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!<\/a><\/p>\n

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Find the most important FAQs on this topic below! <\/b><\/p>\n

More information<\/h3>\n

Federal Act on Sustainable Waste Management (Waste Management Act 2002 – AWG 2002)<\/a>
\nPackaging Ordinance 2014<\/a>(\u00a7 16a<\/a>, \u00a7 16b<\/a>, \u00a7 16c<\/a>, \u00a7 16d<\/a>, \u00a7 16e<\/a>)[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/1″][vc_custom_heading uncode_shortcode_id=”198029″]FAQ – Frequently asked questions[\/vc_custom_heading][vc_accordion typography=”yes” sign=”plus” active_tab=”0″][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”What is a proxy?” tab_id=”1671029474-1-28″][vc_column_text uncode_shortcode_id=”285651″]<\/p>\n

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The authorized representative assumes all obligations of the foreign supplier under packaging law.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”For whom is the appointment of a proxy mandatory?” tab_id=”1671029474-2-7″][vc_column_text uncode_shortcode_id=”224843″]<\/p>\n

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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.<\/p>\n

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.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”We have a branch office in Austria. Can this also be the proxy?” tab_id=”1671030316104-2-1″][vc_column_text uncode_shortcode_id=”128528″]<\/p>\n

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The regulations on the authorized representative (cf. \u00a7\u00a7 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.<\/p>\n

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.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”I receive the Interzero packaging flat rate. Do I still need to appoint a proxy?” tab_id=”1671030347813-3-7″][vc_column_text uncode_shortcode_id=”536165″]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.[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”From when does the proxy obligation come into force?” tab_id=”1671030516404-5-1″][vc_column_text uncode_shortcode_id=”370684″]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.[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab gutter_size=”2″ column_padding=”2″ title=”Who may act as an authorized representative for you?” tab_id=”1671030542311-6-4″][vc_column_text uncode_shortcode_id=”735072″]<\/p>\n

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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:<\/p>\n