Austrian EPR | latest policy interpretation

Austrian EPR | latest policy interpretation

Aliexpress platform releases "Announcement on the addition of Austrian EPR Compliance Qualification". The announcement said that the EPR declaration should be completed as soon as possible before December 31, 2022, so as not to be blocked by the Austrian market and affect business.

 

From 1 January 2023, sales orders generated by stores for sale to Austria will need to meet the Austrian Extended Producer Responsibility (EPR) compliance requirements covering four product categories, including packaging, electrical and electronic equipment (EEE), batteries, and single-use plastics.

Since the Austrian laws and regulations cannot support the platform to withhold EPR fees, vendors selling to Austria need to declare and submit their EPR compliance qualification to the platform.

 

Who needs to register Austrian EPR?

Overall, you need to register an Austrian EPR if you meet one of the following three criteria:

1. If you manufacture goods in the corresponding country/region that need to meet the extended producer responsibility requirements;

2. If imports into the corresponding country/region are required to meet the extended producer responsibility requirements;

3. If commodities that are required to meet the extended producer responsibility requirements are sold in the corresponding country/region and no company is established in that country/region.

For the Packaging Act: Any seller of packaged products to Austrian final consumers must register with the Austrian Packaging Act and appoint an authorized representative for recycling.

As with the German EPR packaging law, almost all sellers selling goods to Austrian consumers are required to register with the Austrian Packaging Law, otherwise the seller will face fines and other penalties.

 

Which products need to be registered with Austrian EPR?

Packaging:

All products placed on the Austrian market must be registered in packaging: paper leather, plastic, glass, pottery, metal, aluminum products, textiles

As a result, almost all sellers of goods to Austrian consumers are required to register for Austrian packaging law

 

WEEE:

Electrical and electronic equipment, products, computer office, digital accessories, lamps, etc.

 

Battery:

Battery category (e.g. 5 battery) Products with built-in batteries (e.g. Mobile phones, electronic watches) Products with batteries (e.g. Electric toys with batteries)

 

What are the requirements of an authorized representative?

 

Under Article 16 of the Austrian Packaging Regulation, a natural or legal person with a registered office in Austria and an Austrian service address may act as an authorized representative.

 

 

In particular, he will be responsible for fulfilling online retailers' packaging licensing obligations and acting as a contact for official communications. In addition, they must conduct mandatory packaging volume reporting and are therefore considered representatives of foreign retailers. This is to ensure better regulatory control and legal compliance with actions and permits.

 

Is there any risk in not registering an Austrian EPR?

1. Each major platform will collect and verify the EPR registration number of the seller. Failure to register may result in punishment such as ban of sale and removal of the product;

 

2. The goods are detained or even destroyed in the customs;

 

3. Competitors' reports and legal disputes;

 

4, regulatory authorities fine.

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