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 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 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 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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Waste separation in Denmark, Norway & Co.: standardised symbols used in the Nordic countries
A lot has happened in the Nordic countries in terms of waste separation in recent years: standardised symbols have been used in Denmark since 2017 to simplify waste separation for consumers and businesses. The use of the pictograms is voluntary. Norway, Sweden, Finland and Iceland have followed suit and have also introduced the ‘Nordic Pictograms’ system for waste separation. The symbols can be found not only on packaging, but also at recycling stations and in public spaces. The clear labelling makes it easier to dispose of waste correctly and ensures that more recyclable materials are reused.
PPWR update: an overview of recent developments
The European Union wants to implement more measures to promote sustainable packaging solutions. This is reflected in the currently hotly debated draft of the Packaging & Packaging Waste Regulation (PPWR), which was presented in November 2022. This regulation contains binding rules for packaging and packaging waste in the European single market and significantly expands the existing EU directives. However, the PPWR is not yet a done deal; it still has a few hurdles to overcome before it finally comes into force. We will keep you up to date on the latest status in this article.
Mandatory labelling comes into force in Spain in 2025
From 1 January 2025, a new labelling requirement for packaging will apply in Spain, which was introduced by Royal Decree 1055/2022. Companies that place household packaging on the market in Spain must then ensure that their packaging is correctly labelled. After 1 January 2025, no packaging may be placed on the market in Spain without a label. The aim of this new regulation is to promote recycling in Spain and to support consumers by providing clear separation information.