Six big EPR changes in Austria

New tasks, producer definitions, obligations and other important developments

Two new legal acts came into force in Austria at the end of 2021: an amendment to the Waste Management Act and an amendment to the Packaging Ordinance. Both amendments result in new obligations for producers, operators of electronic marketplaces and compliance schemes.

Here is an overview of the most important changes:

• Obligations for operators of electronic marketplaces:
  Operators of electronic marketplaces must ensure that primary obligated parties or producers comply with their obligation to hold a contract with a compliance scheme. The same applies to fulfilment service providers (except for postal service providers). This regulation enters into force on 1 January 2023.
• Holding a contract with a scheme for commercial packaging:
  From 1 January 2023, holding a contract with a compliance scheme is also mandatory for commercial packaging. However, exemptions will continue to apply to self-importers who import packaging and packaged goods for their own use.
• Bans and labelling requirements for certain single-use plastic products:
  In accordance with the requirements of the EU Single-Use Plastics Directive, certain single-use plastic products may no longer be placed on the Austrian market. In addition, certain plastic products must bear a label informing consumers about the negative environmental impacts of these products.
• Reusable quota and deposit on single-use bottles:
  The reusable quota for beverage packaging will increase to 25 percent by 2025 and to 30 percent by 2030. In addition, primary obligated parties will soon have to charge a deposit on single-use beverage containers. Details will be determined by a separate ordinance.
• New producer definition:
  The existing definitions for electrical and electronic equipment and for batteries will be adapted to the European requirements. Producers of single-use plastics and producers of fishing gear which contains plastics now also have extended producer responsibility obligations.
• New tasks of the WEEE Coordination Body:
  The tasks will be extended to audit the reporting of producers to compliance schemes.

Landbell Group company, ERP Austria ensures customers comply with their legal obligations in Austria. Please contact us for more information and support.

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