The authorised representative regulation of the Austrian Packaging Ordinance partly causes incomprehension, as reported in a blog post entitled "We deliver worldwide except to Austria” (translation). In this article we show you that the authorised representative is no reason to miss out on Austrian business.
To counter the Austrian authorities with the argument of market protectionism that cannot be reconciled with the European idea, should be critically questioned here.
This is because there is a very large number of distributors operating on the European market who do not comply with the provisions of extended producer responsibility (EPR) and thus stand in the way of fair competition. In figures, this is assumed to be about 50 per cent of all distributors in Austria, which corresponds to about 5,000 producers.
For this reason, this has prompted a response not only from the Austrian legislature but also from the European Union.
For example, the EU Waste Framework Directive provides for an appropriate monitoring and enforcement framework under Article 8a (5) to ensure that manufacturers of products and organisations responsible for extended producer responsibility obligations also comply with them in distance selling.
The EU Market Surveillance Regulation, with which platform operators in France and Germany in particular are currently confronted, also pursues a similar goal and should lead to more transparency and a level (competitive) playing field in the future.
Besides Austria, other countries (e.g. Greece, Sweden) have chosen the same path and are starting the attempt to create a better monitoring and enforcement framework based on an authorised representative not only for their domestic producers but also for the general market environment. Many other non-packaging related EU examples can be listed where the role of an authorised representative has been created at national level to ensure the responsibility of foreign operators for the legal compliance of their products and the efficient enforcement of the law, for example in WEEE, batteries, product safety or energy-related products (EPREL).
Thus, the figure of the authorised representative for packaging in Austria will also offer traders selling legally a high level of security in future against the high number of free riders who have so far conducted their business at the expense of legally compliant suppliers.
Thus, from our point of view, the authorised representative is one more reason to deliver to Austria. For this purpose, we have created the get-e-right Austria solution, which makes it easy for you to appoint an authorised representative for your packaging in Austria.
If you have any questions in this regard, our team of consultants will be pleased to assist you. Please call +49/40/750687-0 or send an e-mail to beratung@take-e-way.de.
