Shipping to Austria: Shipping guidelines and packaging regulations
Since 2023, there have been important changes for retailers who ship their products to Austria. The reason for this is the comprehensive reform of packaging legislation in Austria, which parallels the changes already implemented in Germany (more). The focus here is on the amendments to the Austrian Waste Management Act (AWG amendment as part of the circular economy package) and the revision of the Austrian Packaging Ordinance (VerpackVO amendment 2021). In this article, we highlight the main changes that have applied to foreign retailers shipping to Austria since January 2023.
Requirement for shipping to Austria: Appointment of an authorised representative
A significant rule change has applied to international mail order companies that deliver goods to Austria since 2023. This states that they must appoint an authorised representative based in Austria if they import packaging materials into Austria. These retailers are therefore no longer responsible for fulfilling their own legal obligations. The regulation applies to all companies without a registered office or branch in Austria that sell products (including packaging) to private end customers in Austria. The authorised person assumes responsibility for compliance with the obligations of mail order companies and acts as their representative in Austria.
In order to act as an authorised representative, the person or legal entity must fulfil the following criteria:
- have a valid address in Austria
- have an official place of business in Austria
- is appointed by a notarised power of attorney
- is responsible for compliance with the administrative regulations pursuant to §9 of the Austrian Administrative Penal Code
Stricter controls on electronic marketplaces and in the fulfilment sector
Since 2023, retailers who sell their products via online marketplaces or use fulfilment services must provide appropriate evidence of compliance with the provisions of the German Packaging Ordinance (VerpackVO). If this evidence cannot be provided, marketplace operators are obliged to remove the retailers in question from their platforms. Similarly, fulfilment service providers may no longer provide services to retailers who are unable to provide the required evidence.
Reporting obligations for manufacturers and distributors
Distributors of reusable packaging, sales packaging and certain single-use plastic products are obliged to fulfil their reporting obligations by 15 March each year.
Obligations for suppliers of commercial packaging
Suppliers of commercial packaging, i.e. packaging that is not sent to private end consumers but to business customers such as intermediaries or companies, must participate in a corresponding system. The only exceptions to this regulation are for bulk collection points and own importers.
Regulations for the import of single-use plastic products to Austria
Anyone importing single-use plastic products such as wet wipes, balloons, tobacco products or fishing tackle into Austria must also appoint an authorised representative. In addition, participation in a system is required for these products.
It is also important to note that certain single-use plastic products such as cotton buds, disposable cutlery, disposable tableware, drinking straws, sticks for balloons and food packaging made of expanded polystyrene have already been subject to a comprehensive import ban in Austria since 3 July 2021.
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EPR systems for packaging in comparison: a country overview
In the EU, retailers and manufacturers who place products on the market are subject to certain environmental responsibilities. Extended Producer Responsibility (EPR) is a way of obliging companies to take responsibility for the entire life cycle of their products. This includes not only the product itself, but also all packaging and (product) components put into circulation that are disposed of by end consumers. The exact areas covered by the EPR vary from country to country. In this article, we take a look at the EPR in the area of packaging and shed light on what exactly the requirements mean, how they are implemented in practice and how the requirements differ from country to country within the EU.
When will Italy introduce the single-use plastic tax?
The introduction of the single-use plastic tax in Italy was originally planned for July 2020. It has now been postponed for the sixth time and is due to come into force on 1 July 2024. The tax aims to tax single-use packaging and plastic products. In this article, we explain what legal changes retailers can expect for their shipments to Italy as a result of the introduction of the tax.
EPR obligations in Poland: volume threshold and registration obligation
Since 13 June 2013, the handling of packaging waste in Poland has been regulated by the Act on Packaging and Packaging Waste Management (Journal of Laws 2019.542). Among other things, it sets out requirements for packaging, the handling of packaging waste and regulations regarding recycling fees. This means that companies in Poland are subject to extended producer responsibility (EPR). The EPR regulations are intended to ensure that companies take responsibility for the disposal of their packaging and thus contribute to the promotion of the circular economy. The EPR entails obligations regarding the handling of a company’s own products and packaging. In the following article, we shed light on what you need to consider as a retailer on the Polish market.