Austria EPR

The Complete EPR Guideline for Single-Use Plastics (SUP) in Austria: A Compliance Manual for E-Commerce

As the European Union intensifies its push toward a circular economy, regulations targeting plastic pollution have become increasingly stringent. For e-commerce sellers and manufacturers operating in Austria, complying with Extended Producer Responsibility (EPR) laws is no longer just about standard packaging. It now heavily involves Single-Use Plastics (SUP).

1. Introduction to EPR in Austria

Extended Producer Responsibility (EPR) is an environmental policy that shifts the financial and operational burden of waste management from local municipalities directly to the businesses that put products on the market.

To combat plastic pollution in oceans and public spaces, the EU introduced the Single-Use Plastics (SUP) Directive. In Austria, this means that companies placing certain disposable plastic products on the market must not only pay for their recycling but also contribute financially to cleaning up public spaces (often referred to as a "littering levy").

2. Legal Framework and Regulations in Austria

Austria’s EPR system for Single-Use Plastics is governed by a robust legal framework that transposes the EU SUP Directive (2019/904) into national law:

The Waste Management Act (Abfallwirtschaftsgesetz - AWG 2002): The overarching law for resource and waste management.

The Packaging Ordinance (Verpackungsverordnung - VVO): The specific decree regulating packaging and SUPs.

A major update to the VVO went into effect on January 1, 2023, radically changing the landscape for foreign e-commerce sellers. Additionally, as of January 1, 2025, Austria introduced a mandatory Deposit Return Scheme (DRS/Pfand) for single-use plastic beverage bottles and metal cans.

3. Who Must Register for EPR Single-Use Plastics (SUP) in Austria?

Under Austrian law, the "primary obligated party" must ensure compliance. You are legally required to register for EPR SUP in Austria if you fall into any of the following categories:

Domestic Producers & Packers: Companies headquartered in Austria that manufacture or package SUP products.

Importers: Austrian companies importing SUP items from abroad for domestic sale.

Foreign Distance Sellers (E-commerce): Any business located outside of Austria (within the EU or in a third country) that sells SUP products directly to Austrian private end-consumers (B2C) via online shops or marketplaces like Amazon, eBay, and Etsy.

4. EPR Categories for Single-Use Plastics (SUP)

To determine your financial contributions and reporting requirements, the Austrian VVO specifies exact categories of single-use plastics subject to the new littering levies. If you sell any of the following, you must comply:

1. Beverage Cups: Including covers and lids.

2. Food Packaging: Rigid or flexible containers for food intended for immediate consumption (e.g., fast-food containers, wrap packaging).

3. Beverage Containers: PET bottles and composite packaging (like Tetrapaks) up to 3 liters.

4. Lightweight Plastic Carrier Bags: Bags with a wall thickness of less than 50 micrometers.

5. Wet Wipes: Pre-wetted wipes for personal care or household cleaning.

6. Balloons: Except those for industrial/professional use.

7. Tobacco Products: Filters containing plastic, or products marketed for use with tobacco filters.

8. Fishing Gear: Equipment containing plastic.

5. EPR Registration Process in Austria for Single-Use Plastics (SUP)

Achieving compliance for SUPs is integrated into the broader Austrian packaging registration process:

1. Join a PRO: You must sign a licensing agreement with an approved Austrian Producer Responsibility Organization (PRO / Take-Back System) such as Reclay, ARA, or Interzero.

2. EDM Portal Registration: Your business must be registered in the central Electronic Data Management (EDM) portal managed by the Austrian Ministry for Climate Action (BMK).

3. Marketplace Verification: Once registered, you must submit your EPR compliance numbers to your e-commerce platforms to keep your listings active.

6. Authorized Representative Requirements in Single-Use Plastics (SUP)

This is the most critical compliance step for foreign distance sellers. Since January 1, 2023, if your company does not have a registered physical branch in Austria but sells SUP products to Austrian households, you can no longer register directly.

You are legally mandated to appoint an Authorized Representative (Bevollmächtigter) in Austria.

Who they are: A legal or natural person with a registered office in Austria.

What they do: They require a notarized power of attorney from you to manage your PRO contracts, handle your EDM portal registration, and submit your SUP reports.

Liability: Because the Authorized Representative assumes legal responsibility for your compliance and faces the risk of fines if your data is incorrect, they charge an annual retainer fee for their services.

7. Reporting Obligations and Deadlines in Single-Use Plastics (SUP)

SUP reporting in Austria is conducted alongside your standard packaging reports. You are required to continuously track and report the volume (in kilograms/tons) of the SUP items you place on the market.

Annual Reporting: The exact quantities of SUP products placed on the Austrian market must be reported to your PRO once a year.

The Deadline: The consolidated annual statement is strictly due by March 15th of the following year.

8. EPR Fees and Eco-Contributions in Single-Use Plastics (SUP)

Sellers of SUP products face a dual-fee structure:

1. Standard Licensing Fees: You pay standard recycling fees based on the material weight of the plastic.

2. SUP Surcharges (Littering Levy): On top of standard fees, you must pay standardized national SUP surcharges to compensate municipalities for cleaning public spaces. These rates are calculated per ton (e.g., in 2024, the surcharge was roughly €190/ton for beverage cups/food packaging and €380/ton for tobacco filters).

Foreign sellers must also factor in the annual service fee for their notarized Austrian Authorized Representative.

9. Labeling Requirements and Compliance

To sell SUP products in Austria, you must adhere to strict EU-wide product design and labeling requirements:

The "Dead Turtle" Logo: Certain products, specifically wet wipes, tobacco products with filters, and sanitary items, must bear the standardized EU SUP marking (the red and blue logo showing a turtle and the text "Plastic in Product").

Tethered Caps: As of 2024, single-use plastic beverage containers up to 3 liters can only be sold if their caps and lids remain firmly attached to the container during use.

Deposit Symbol: Since January 2025, single-use plastic and metal beverage containers (0.1 to 3 liters) must bear the Austrian DRS deposit symbol and an approved barcode to participate in the mandatory 25-cent deposit system.

10. Penalties for Non-Compliance

The Austrian authorities actively enforce the Packaging Ordinance, and marketplace operators are legally bound to act as gatekeepers. Failure to comply can result in:

Severe Administrative Fines: Penalties for failing to appoint an Authorized Representative or misreporting quantities can reach up to €8,400 per violation.

Sales Bans: Authorities can prohibit you from distributing your goods in the country.

Platform Suspensions: E-commerce platforms like Amazon, eBay, and Kaufland will systematically block your listings from being visible to Austrian buyers if you cannot prove your SUP compliance via an Authorized Representative.