Authorized Representative in Austria
As of 01.01.2023, amendments to the Austrian Waste Management Act and the Packaging Ordinance came into effect (VerpackVO Novelle 2021 § 16a). The legal amendment allows companies based outside of Austria to pre-license Austrian companies and to license deliveries to end consumers of packaging from 1.1.2023 only if an authorized representative based in Austria is appointed.
CAUTION: If you do not provide us with proof of the appointment of an authorized representative in Austria (notarized power of attorney & confirmation of registration (mail) from the Federal Ministry) we will have to terminate our contract in the course of 2024.
Who is required to appoint an authorized representative?
Companies from EU member states selling to commercial end-users and dealers (B2B)
If you wish to continue to supply your packaging and products pre-licensed to your commercial customers in Austria after 01.01.2023, you will need to appoint an authorized representative based in Austria.
Note: As a supplier, you are not the primary obligated party before Austrian law. This role falls to the importers. You can continue to shipping to Austria as long as your commercial customers/importers in Austria fulfill the licensing requirements.
Companies from within and outside the EU that sell exclusively to Austrian end consumers (B2C)
If you also deliver from the EU area or from a third country exclusively to Austrian end consumers (B2C), you will in any case need to appoint an authorized representative.
This also applies to online retailers, online stores, dropshippers and comparable online services.
Special case: companies outside the EU that sell exclusively to Austrian companies (B2B)
Companies that deliver from outside the EU (including the UK, Switzerland and Liechtenstein) exclusively to Austrian companies will no longer be able to pre-license their packaging as of 01.01.2023. The licensing must be taken done by the primary obligated party, i.e. the importer.
The authorized representative in detail
In simple terms, the authorized representative assumes the obligations under packaging law and is responsible for compliance with the Austrian administrative regulations instead of the appointing company. In the event of an administrative violation against the Austrian packaging law the representative must bear all applied administrative penalties.
Why do I need an authorized representative?
In order to have access to a liable contact person in the event of omissions, violations or disregard of Austrian packaging law, Austrian legislation requires the appointment of an authorized representative for foreign distributors of packaging and disposable plastic articles.
Who can I appoint as an authorized representative?
An authorized representative must meet the following criteria
- Must be a natural or legal person with their registered main location, as well as an postal address in Austria.
- Must be able to assume all responsibility for compliance with Austrian administrative regulations (§ 9 VStG).
- Must possess a notarized power of attorney: o in German or English
- conclusive nomination of all applicable packaging collection categories
- consent to fulfill all necessary obligations
- contractual authorization for the conclusion of contracts and the provision of all required documentation
- Registration in the EDM-platform of the Austrian Ministry of Environment (BMK)
Can a branch office in Austria act as an authorized representative?
In short: No.
The regulations on the authorized representative (cf. §§ 16a to 16d of the Packaging Ordinance) stipulate that the authorized representative must be a natural person or legal entity with its registered place of establishment in Austria.
The term "branch office" is not defined in more detail by law in Austria. A branch is understood to be a part of an overall company that is spatially separated from the head office and organizationally largely independent, whereby it operates under its own management and is designed for more than just a temporary duration. Branches established within Austria must be registered with the commercial register. However, they are not as independent legal entities..
Rather, the legal entity remains the natural or legal person the main branch office in registered under.
Thus, branches can NOT act as authorized representatives.
BUT: Subsidiaries, provided they are registered as an independent entity in Austria, can assume the role of authorized representative.
How do I appoint an authorized representative?
- Preparation of a notarized power of attorney in German or English including the following points:
- Scope of the power of attorney including a conclusive nomination of all applicable packaging collection categories
- consent to fulfill all necessary obligations
- contractual authorization for the conclusion of contracts and the provision of all required documentation
- Registration with the EDM system of the Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technology:: secure.umweltbundesamt.at/edm_portal/
- Upload of the power of attorney via the EDM portal for verification by the Federal Ministry
Provider of authorized representative services
The ARA and its subsidiaries do not offer the authorized representative service for packaging and single-use plastic products.
However, we cooperate closely with the partners listed below in order to be able to offer our customers simple and cost-effective solutions for handling the authorization.
We would like to point out that the cooperation with the partners listed below does not result in any monetary advantages or profits for the ARA and its subsidiaries. The services of the partners listed are non-binding offers. All ARA customers are free to commission one of the companies listed or to appoint their own authorized representative.
German Chamber of Commerce in Austria (DHK)
See the attached factsheet for all hardfacts regarding the authorized representative: