Authorization in Austria - background information
Interzero’s mission is to minimize waste. Austria and the EU have the same mission with the introduction of the Authorized System.
Whether packaging, electrical appliances or batteries – since 2018, foreign companies in Austria have been required to appoint an authorized representative in order to obtain a legally secure license in Austria. There is a major goal behind this: clear EU-wide obligations for manufacturers and distance sellers. The role of the authorized representative exists for several important reasons, especially in the context of international trade relations and environmental regulations:
1. Meet legal requirements In many countries, including Austria, foreign companies that bring products to market must comply with certain local laws. These laws can include complex product stewardship requirements, such as take-back and recycling obligations. An authorized representative ensures that these international companies act in accordance with local regulations, even if they do not have a physical presence in the respective country. 2. Facilitating market integration By appointing an authorized representative, foreign companies can enter the Austrian market more easily and efficiently. The representative knows the local laws and market conditions and can thus help to minimize bureaucratic hurdles and ensure compliance. 3. Protecting the environment and public health Authorized representatives play a central role in enforcing environmental laws. They ensure that companies adhere to regulations aimed at reducing environmental damage. This includes the correct handling and disposal of products and their packaging to avoid negative impacts on the environment and public health. 4. Promoting the circular economy By committing to taking back and recycling their products, authorized representatives contribute to promoting the circular economy. They help ensure that resources are used and recycled efficiently, which reduces dependence on raw material extraction and lowers environmental impact. 5. Responsibility and transparency Authorized representatives ensure a clear chain of responsibility and accountability. They ensure that foreign companies do not ignore their obligations and that violations of environmental regulations can be prosecuted.
Overall, the Authorized Representative exists to bridge the gap between international business practices and local legal requirements, promoting compliance with environmental laws and supporting sustainable business operations.
The authorization describes the legal process whereby a foreign company without a registered office in Austria appoints an authorized representative in Austria. The representative, together with the company, assumes the obligations related to the return and recycling of packaging, electrical devices and batteries.
The authorization describes the legal process whereby a foreign company without a registered office in Austria appoints an authorized representative in Austria. The representative, together with the company, assumes the obligations related to the return and recycling of packaging, electrical devices and batteries.
In Austria, the authorised representative is the first point of contact on behalf of the Ministry
An authorized representative is a legal or natural person appointed by the foreign company to fulfill its obligations in the area of return and recycling of packaging, electrical equipment and batteries. His tasks include, for example, registration with the relevant authorities, compliance with reporting obligations and ensuring the proper disposal of the products.
As an authorized representative, we ensure compliance with EPR obligations in Austria
As an authorized representative, we assume responsibility for compliance with all relevant legal regulations in Austria on behalf of foreign companies. Our main tasks include: • Registration with the relevant authorities. • Reporting on the quantities of products imported and their disposal. • Legal representation in all matters relating to product responsibility.
Foreign manufacturer
The term manufacturer is enshrined in law and describes every natural or legal person who manufactures, processes or imports products and places them on the market in Austria for the first time. The so-called first distributor. The term includes both the actual manufacturer and those persons who sell the products on behalf of the manufacturer. According to the Packaging Ordinance, the term manufacturer is described as follows: A foreign manufacturer is any person within the meaning of Section 12b Paragraph 2 AWG 2002 who sells packaging in Austria to end users other than private consumers or any person who sells single-use plastic products commercially in Austria to end users other than private consumers and (ii) is based in another member state of the European Union.
Distance selling and mail order companies
Online retailers, distance sellers and mail order companies are used synonymously and actually refer to all companies that sell their goods via electronic media, especially the Internet, and send them to customers. No physical visit is necessary, a visit to the website is sufficient.
- Find a suitable authorized representative, such as Interzero, where you can easily order your contract online
- After successfully placing your order, you must have your signature on the power of attorney notarized. Without this, the contract is not legally valid.
- Submitting the necessary documents and registering your company with the relevant authorities
- Monitoring compliance with legal obligations, including reminding you to correctly report quantities placed on the market
The notarial certification of the power of attorney
is a fundamental step for the appointment of the authorized representative in Austria. When you order, you will receive the most important appendix – the power of attorney. The signature on the power of attorney must be certified by a notary. You can commission a trusted notary for this or use the digital service from notarity.com , which we have integrated into our system. However, the following must be observed for notarial certification: The certified signature on the power of attorney (in German or English) is a legal requirement of the Ministry of the Environment and the Austrian legislature. Only the authenticity of your SIGNATURE on the power of attorney must be notarized, not the text in the power of attorney or the signature on the contract. The notarial certification on the power of attorney (notarial text that confirms that the authenticity of your signature is confirmed) must be issued in the official languages GERMAN or ENGLISH . Other languages must be translated by a sworn interpreter and also certified.
Your price = Annual authorization fee + Annual license fee
Your authorization fee depends on your license fee. It includes:
- Registration and notification with the Austrian Federal Environment Agency
- Licensing of your marketed quantity
- Support with legal queries
- Documentation and evidence
- Examination support
Your license fee depends on the quantity of packaging, electrical devices and batteries you place on the market. A higher quantity means a higher fee, which in turn is used for collection, sorting and recycling. Interzero offers suitable flat rates for small quantities.
FAQ
Questions about the authorized representative
The authorized representative assumes all obligations resulting from the legal framework of the foreign supplier. This can be found in the Austrian Packaging Ordinance, Waste Electrical Equipment and Battery Ordinance. ???
Packaging : Foreign mail order companies that are not based in Austria and that hand over packaging, or goods or goods in packaging in Austria to a private end consumer as part of distance selling, must appoint an authorized representative in Austria for packaging placed on the market from January 1, 2023. The same applies to companies that are based in another member state of the European Union and that want to take over the advance exemption for packaging for their Austrian corporate customers. They can appoint an authorized representative. Advance exemption is no longer possible without an authorized representative. This regulation also applies to foreign manufacturers and distance sellers who ship electrical and electronic devices and/or batteries in Austria.
If you do not sell directly to private end users in Austria, you do not have to license the packaging. It is your Austrian customers who are responsible for this. Inform your (business) customers in Austria that the packaging supplied to them is not licensed. Your customers must then decide for themselves how to proceed; either declare the transport packaging that your Austrian customers generate as waste as their own imports and report it to the ministry via their own report, or include the packaging in a collection and recycling system. Please note that your customers will ask you to pre-license. In this case, the obligation to appoint an authorized representative becomes active again.
Yes, licensing of packaging, electrical and electronic equipment and batteries for a company without a registered office in Austria is only possible, regardless of the quantities, by appointing an authorized representative in Austria. You have the option of choosing the flat-rate solution in the area of packaging if your annual quantities are less than 1500 kg (both in households and in businesses).
The authorized representative is a representative under packaging law who must assume the obligations for you from January 1, 2023. (You can find detailed information on the obligations in the next question.) Due to the obligations, we recommend that you choose your authorized representative carefully. Trust Interzero. In principle, however, any natural or legal person can be selected as an authorized representative if the following criteria are met:
- Based in Austria (domestic delivery address)
- Notarized signature on the power of attorney between you and the representative
- Registration with the BMK
No, licensing of packaging, waste electrical equipment (WEEE) and batteries for a company without a registered office in Austria is only possible, regardless of the quantities, by appointing an authorized representative in Austria. If you already have an authorized representative and are looking for a suitable collection and recycling system, you can also enter into a license agreement with us. To do this, use the option “I already have an authorized representative”. When licensing, you have the option of choosing Interzero’s flat-rate solutions. These are also interesting for small-scale operators.
All obligations can be found in the respective regulations. Packaging: §§ 16a to 16d Packaging Regulation. Batteries: §§ 25a to 25c Batteries Regulation Waste electrical equipment: § 13a Waste Management Act 2002 (AWG 2002), §§ 21a to 21c EAG Regulation
The regulations on authorized representatives stipulate that the authorized representative must be a natural or legal person with a registered office in Austria. Branches established within Austria must be registered with the commercial register. However, they do not have their own legal personality. Rather, the legal entity remains the natural or legal person who is also behind the main branch.
Yes, for foreign companies/individuals without a registered office in Austria, it is mandatory to appoint an authorized representative in order to continue to be able to legally license packaging, waste electrical equipment and batteries in Austria. As an existing customer, you can simply log into the reporting portal you are familiar with and order the authorized representative contract by selecting “Additional product”.
If your email address is correctly entered in the system, you can simply click on “Forgot password” in the login area to have a new password sent to you. You will see the first four digits of the email address you have stored. If this is not the current one, please contact kundenberatung@interzero.at.
As of January 1, 2023 , you will need an authorized representative based in Austria if you sell packaging in Austria. As soon as you have a contract and a notarial certification, the authorization is valid until it is dissolved. Please check with your authorized representative about the validity of the contract. Since 2018 and 2019 , you have required an authorized representative for the license areas of waste electrical equipment and batteries . Are you legally compliant? As soon as you have a contract and a notarial certification, the authorization is valid until it is dissolved.
Please upload your documents in your customer account, alternatively you can send us your documents as a PDF by email. Sending physical contract documents will lead to delays in processing time.
Interzero Circular Consulting Austria is responsible for you as an authorized representative and concludes a system participation contract with Interzero Circular Solutions Europe on your behalf. As soon as you are an active Interzero customer, the confirmation of participation can be accessed at any time in our online portal under the respective year and area.
As soon as you have uploaded your authorized representative contract in your customer area and it has been processed by our service team, we can send you the license partner number or you will find it in your confirmation of participation.
As a foreign company, an authorized representative will be placed between you and an Austrian collection and recycling system, such as Interzero. When you conclude your authorized representative contract, Interzero Circular Consulting Austria will conclude a license agreement with Interzero for your required license area/material flow. You do not have to do anything else.
The exact provisions regarding contract withdrawal and termination are regulated in our General Terms and Conditions. Please note: If you wish to cancel your order, you will be charged processing fees. If you have already paid, you will receive the payment amount minus the processing fee. After confirmation, it can take between 5-10 working days for the refund to reach you.
As a foreign company, you will not only need an authorized representative for packaging from January 1, 2023, but also for certain single-use plastic products. If you sell these single-use plastics, please contact us:
- Balloons: excluding balloons for industrial or other commercial uses and applications which are not supplied to consumers.
- Fishing gear: ‘fishing gear’ means any device or item of equipment used in fishing or aquaculture to locate, capture or grow marine biological resources or, when floating on the sea surface, to attract and capture or grow such marine biological resources.
- Wet wipes: soaked wipes for personal and household care
- Tobacco products: Tobacco products within the meaning of Section 1 Item 1 of the Tobacco and Non-Smoker Protection Act
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Authorized representative fee – this fee includes the appointment of Interzero Circular Consulting Austria Gmbh as authorized representative and all contractually related services
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License fee (based on preview quantities) – the license fee covers the costs for the collection and recycling of your packaging, waste electrical equipment or batteries and is based on the currently valid tariff sheet https://licensing.interzero.at/kosten/
Authorization fee : The authorization fee must be paid before the contract is concluded. You can select Klarna, credit card, Alipay or SOFORT as payment methods directly in the webshop. For EU countries we also offer purchase on account. The payment terms can be found on the invoice sent to you. License fee : The license fee is currently not charged during the ordering process, but will be sent to you by invoice after receipt of your contract documents.
Questions about power of attorney and notarial certification
Yes, the notarial certification of the appointment of the authorized representative is required by Austrian law and can be found in the AWG. You are welcome to commission your notary to do this, or you can use notarity’s digital service. Over 200 notaries are available to you, usually within the next 24 hours. You can find more information about notarity’s service at notarity.com/faq. If you have any questions, Notarity can be reached by email at info@notarity.com or by phone at +43 1 412 01 48.
Any officially recognized notary can perform the certification; you have the option of having the certification done electronically via Notarity. In Germany, municipalities are also authorized to perform certifications in addition to notaries.
Only the signature on the power of attorney needs to be certified and not the copy. There is also no need for notarial certification for the signing of the contract.
The notary’s certification of the signature on the power of attorney must be issued in the official languages German or English. Certifications that are not issued in German or English must be translated by a sworn interpreter or notary.
Certifications that are not issued in German or English must be translated by a sworn interpreter or notary.
Please upload your documents in your customer account, alternatively you can send us your documents as a PDF by email. Sending physical contract documents will lead to delays in processing time.
No, we do not need the original certified power of attorney. Since we scan the original for further processing, we ask you to send us the documents in digital form straight away.
Definitions: Who needs an authorized representative?
A foreign manufacturer is any person within the meaning of Section 12b Paragraph 2 AWG 2002 who sells packaging in Austria to end users other than private consumers or any person who sells single-use plastic products commercially in Austria to end users other than private consumers and (ii) is based in another Member State of the European Union.
A foreign mail order company (packaging) is any natural or legal person who does not have a registered office or branch in Austria and who delivers packaging or goods or goods in packaging in Austria to a private end consumer within the framework of distance selling within the meaning of Section 5a of the Consumer Protection Act.
A foreign distance seller (single-use plastic products) is any person who sells single-use plastic products, excluding packaging, commercially in Austria directly to private end consumers using distance communication technology and who is established in another Member State of the European Union or in a third country.
