184. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the prevention and recovery of packaging waste and certain goods residues (Packaging Ordinance 2014)

Due to § § 14, 23 (1) and 36 of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I n ° 193/2013, is assigned in agreement with the Federal Minister for Science, Research and Economy:

Section 1

General

Objectives

§ 1. The objectives of this Regulation are

1.		the re-use of packaging and the prevention of packaging waste and, where such waste cannot be avoided, the preparation for re-use, recycling and other forms of recovery of such waste, in order to remove the waste from the packaging waste. the reduction of waste, and
2.		the restriction of the use of dangerous substances in packaging, in order to contribute to the protection of human health, the prevention of risks to the natural living conditions of animals or plants or to the soil and to the environment; the environmentally sound recovery and disposal of packaging waste.

Scope

§ 2. (1) This Regulation shall apply to packaging placed on the market in Austria and to all packaging waste, whether in industry, trade, administration, trade, services, households or elsewhere. and regardless of the materials they are made of.

(2) In the case of distance sales within the meaning of Section 5a of the Consumer Protection Act (KSchG), BGBl. No. 140/1979, in the version of the Federal Law BGBl. I No 50/2013, by a mail order trader who has no registered office or branch office in Austria, the packaging delivered to Austria and the subsequent packaging waste are also subject to the scope of the Regulation.

(3) This Regulation shall apply to one-way crockery and cutlery placed on the market in Austria.

Definitions

§ 3. For the purposes of this Regulation:

1.		"Packaging" means packaging materials made of various packaging materials, packaging aids or pallets for the reception, protection, handling, delivery and presentation of goods. The term packaging is additionally determined by the following criteria. The in Annex 2 are examples of the application of these criteria.
a)			Articles shall be deemed to be packaging if they comply with the definition referred to above, without prejudice to other functions which the packaging may also fulfil, except where:
aa)				the subject-matter is an integral part of a product which is required for the purpose of enclosure, support or conservation of this product throughout its lifetime, and
bb)				all components shall be intended for common use, common consumption or joint treatment.
b)			Items designed and intended to be filled at the point of sale and disposable articles which are delivered or designed and intended to be filled at the point of sale shall be deemed to be: Packaging, provided that they fulfil a packaging function.
c)			Packaging components and additional elements which are integrated into a packaging shall be considered as part of the packaging into which they are integrated. Additional elements directly attached to or attached to a product and fulfilling a packaging function shall be considered as packaging, unless they are integral parts of the product and all components are for common consumption or determine the common treatment.
2.		"packing means" means products intended to enclose or to hold goods or goods for transport, storage, transport, shipping or sales purposes.
3.		"packing aid" means products which, for the purpose of packaging, are used together with packaging materials, in particular for packaging, sealing, dispatch and marking of a product or a good.
4.		"transport packaging" means packaging intended to protect goods or goods from damage either from the manufacturer to the distributor or on the way through the distributor until it is delivered to the final consumer, or for reasons of security of the packaging Transports are used.
5.		"sales packaging" means packaging which is supplied by the final consumer or by a third party on its behalf up to the consumption or use of the goods or goods, in particular as the carrier of product information required by law or by law; shall be used.
6.		"repackaging"-as far as they do not fall under Z 4 or 5-packaging which are either in addition to one or more sales packaging, or which enclose goods or goods, provided that they are not made from hygienic or product-technical They are necessary for reasons of durability or protection against damage or pollution for the delivery to the last consumer.
7.		"service packaging" means packaging such as carrying bags, stanitons, sacks, bottles or similar envelopes, provided that such packaging is manufactured in a technically uniform manner and usually in or in the area of the delivery point to the Last consumer will be filled.
8.		"Packaging materials" means products from which packaging materials or packaging aids or pallets are produced directly from the following materials:
a)			paper, cardboard, paperboard and corrugated board;
b)			glass;
c)			wood;
d)			Ceramics;
e)			Metals;
f)			textile fibre materials;
g)			plastics;
h)			Composite beverage carton in accordance with Z 25;
i)			other material composites according to Z 26;
j)			other packaging materials, in particular on a biological basis.
9.		"re-use" means a multiple filling or use of packaging equivalent to the same purpose. In the case of packaging intended for re-use, the number of cycles shall be as far as possible as far as possible, which is technically possible on the basis of the nature of the packaging, as well as product-and packaging-specific.
10.		"Recycling" in accordance with the definition of § 2 (5) Z 7 AWG 2002.
11.		"organic recovery" means the aerobic treatment (biological recovery) or the anaerobic treatment (biogas production)-via micro-organisms and under control-the biodegradable components of packaging waste with the production of stabilised organic residues or methane.
12.		"thermal recovery" means the use of combustible packaging waste for the production of energy by means of direct combustion with or without waste of a different kind, in any case with the recovery of heat. In the case of incineration plants whose purpose is the treatment of solid municipal waste, the efficiency criterion according to the recovery procedure R1 is in any case in the Annex 2 of the AWG 2002.
13.		"placing on the market" either
a)			the import of service packaging or of packaged goods or goods to Austria and, in the case of a self-importer, according to Z 20, the import of all packaging or
b)			in all other cases, the acquisition of a packaging or of goods or goods in packaging in Austria to another legal entity, including distance sales pursuant to § 2 para. 2.
		A mere transport on behalf of another person shall not be deemed to be placed on the market.
14.		"Manufacturer of service packaging" means any person with a registered office or branch in Austria, who manufactures service packaging irrespective of the sales method and who for the first time in Austria places on the market for commercial purposes.
15.		"Importer of service packaging" means any person with a registered office or branch in Austria who, irrespective of the distribution method, including distance selling within the meaning of Section 5a of the KSchG, imports service packaging and for the first time in Austria shall be placed on the market.
16.		"Importer of packaged goods or goods" means any person with a registered office or place of business in Austria who, irrespective of the distribution method, including distance selling within the meaning of Section 5a of the KSchG, imports goods or goods into packaging, imports and first In Austria, it is placed on the market.
17.		"packer" means any person with a registered office or place of business in Austria who is filling, packaging or packaging goods or goods in packaging in order to store them or to deliver them.
18.		"distributor" means any person with registered office or place of business in Austria who places on the market the packaging or packaged goods or goods on which sales level, including by means of the mail order trade.
19.		"Last consumer" means any consumer in the sense of the KSchG and any person established or established in Austria who acquires or imports packaging, goods or goods in packaging for their consumption or consumption.
20.		"in-house importer" means a final consumer who acquires goods or goods in packaging for the operation of his company from abroad, and in which such packaging is produced as waste in the company.
21.		"market share" means the percentage of the proportion of the mass placed on the market or imported for own use by the participants in a collection and recycling system in Austria and notified by this system of collection and recovery Packaging of a collection category to the total mass of collection and recycling systems reported by all collection and recycling systems.
22.		"collection category" means a group of packaging consisting of one or more packaging materials, Annex 5 on the market.
23.		"tariff category" means a group of packaging consisting of one or more packaging materials, Annex 5 on the market.
24.		"Großanfallstellen" (Großanfallstellen) premises, which are registered in the register in accordance with § 16 (1).
25.		"drinks composite carton" means a closed package for liquid or pasty food or beverage products, consisting of a durable combination (e.g. glued, glued, welded) of two or more non-durable products, not easily separable from the final consumer different packaging materials, the carrier material being paper, paperboard or cardboard. A closure is considered to be a component of the beverage composite cartons.
26.		"Other material composites" generally permanent combinations not easily separable from the final consumer (e.g. glued, glued, welded, riveted, compressed) of two or more different packaging materials, if the main used Packaging material is less than 80% by weight of the composite material and these combinations are not covered by Z 25; if a packaging material is plastic or a packaging material on a biological basis, a composite material is present when the plastic or the packaging material is used. on a biological basis less than 95% by weight of the composite material . On both sides coated paper and on one or both sides with paraffin or wax coated or impregnated paper is in any case considered as a material composite. Kraft paper bags for a contents of at least 15 kg and a paper content of at least 70% by weight are not considered to be other material composites.

Packaging requirements

§ 4. (1) Packaging must be manufactured and placed on the market in such a way that it meets the basic requirements of the Annex 1 .

(2) The placing on the market of packaging, the concentration of which exceeds 100 ppm by weight of lead, cadmium, mercury and chromium VI in total, shall not be allowed, unless such packaging is made of lead crystal. Are exceptions pursuant to Article 11 (3) of Directive 94 /62/EC on packaging and packaging waste, OJ L 94, 11.4.1994, p. No. OJ L 365, 31.12.1994, p. 10, published in the Official Journal of the European Union, shall be published separately in the Federal Law Gazette, which will result in the liability of these exceptions.

(3) This Regulation shall be without prejudice to any other legislation which places requirements on certain packaging, or where packaging has to be supplied for special treatment.

Recycling quotas

§ 5. (1) For each calendar year, the following shares of the mass of the respective packaging materials placed on the market in Austria are to be introduced into a recycling plant according to the state of the art:

1. Paper, cardboard, paperboard and corrugated board	60%
2. Glass	60%
3. Metals	50%
4. Plastics	22.5%
5. Wood	15%
6. Beverage composite carton	25%
7. other material composites	15%

When calculating the quota for plastics, only material which is recycled into plastic by recycling must be included.

(2) Packaging waste exported from the European Union may only be taken into account in the calculation of the shares set out in paragraph 1, if:

1.		the pledge proves that recovery, in particular recycling, has been carried out under conditions substantially equivalent to those provided for in the relevant EU legislation; and
2.		the export is properly carried out in accordance with the rules on the movement of waste in the EU.

Promotion of reusable packaging

§ 6. (1) By way of derogation from § 8, § 10 (2), (5) and (7) as well as § 11 are

1.		demonstrable packaging materials and pallets intended for re-use (returnable packaging)
2.		Packaging intended for re-use and, in the case of a delivery in direct exchange between suppliers and customers, change the owner without a deposit of a deposit being charged in the course of this operation; and
3.		the packaging materials, such as closures and labels, placed on the market together with these packaging materials, provided that the total mass of these packaging auxiliaries is not more than 5% by mass of the reusable packaging;
is not covered by the obligations laid down in those provisions.

(2) Multi-way packaging may be provided for the purpose of distinguishing one-way packaging by means of a multi-way mark.

(3) The masses of the reusable packaging, which are filled for the first time in a calendar year and which are produced as waste and are passed or passed for recovery, shall be collected at least every three years. This can be done by a study.

(4) For the calendar year 2014, a notification pursuant to Section 6 (2) of the Packaging Ordinance 1996, in the version of the Federal Law Gazette (BGBl), is published. No 648/1996 in the BGBl version. II No 364/2006.

Exception determination for certain packaging

§ 7. Manufacturers, importers, packers, distributors and mail-order distributors in accordance with Section 13g (1) AWG 2002 of packaging contaminated with hazardous waste within the meaning of the AWG 2002 or with arrests in such a way as to ensure that they are re-used or To prevent or disproportionately complicate the use of such packaging, § 8 is not subject to § 8 (2), (5) and (7) and § 11.

Section 2

Obligations for household packaging

System participation

§ 8. (1) Primary obligates for packaging according to § 13g (1) (1) to (3) and (5) AWG 2002 shall be subject to an approved collection and recycling system for the household packaging they have placed on the market pursuant to Article 13g (2) and (3) of the AWG 2002. To participate in household packaging. A primary obligor shall conclude a contract of participation within two months of the first placing on the market of household packaging.

(2) If a upstream distribution stage takes part in a collection and recycling system for household packaging, the obligation to participate in the primary obligation shall not apply to the extent of the primary obligation. The primary obligation shall demonstrate this by means of a legally binding declaration by the respective upstream manufacturer, importer, packer or distributor that it ensures the fulfilment of the obligation. This legally binding declaration shall include the indication of the collection and recovery system, the period and the tariff category, as well as the extent of the participation, and shall be submitted at least annually or in the event of a substantial change, and may be in particular on the respective invoice or on the respective delivery note. The primary obligation shall be to keep the legally binding declarations submitted to them for at least seven years and to submit them upon request to the Authority.

(3) Participants who participate in a tariff category in a number of collection and recovery schemes shall give prior information to the respective collection and recovery systems in accordance with the criteria for the allocation of the participating funds.

(4) A change between different collection and recovery systems or the change in the criteria of the distribution within a tariff category as referred to in paragraph 3 shall be permitted only with the end of a calendar quarter.

Collection and recycling systems for household packaging

§ 9. (1) Collection and recovery systems for household packaging shall cover household packaging in the respective approved collection categories in accordance with the market shares published in accordance with section 29b (4) AWG 2002, and taking into account the (5) to be recycled and, where this is not disproportionate, to be thermally recovered. Collection and recycling systems for household packaging shall be obliged to conclude, within the scope of their scope of action as defined in the approval decision, any contracts referred to in paragraph 8, provided that this is the case for these meals. and this is objectively justified.

(2) The collection of appropriations shall be carried out in accordance with the following principles:

1.		Collection and recycling systems for household packaging have to provide and publish generally applicable tariffs per tariff category, with all contractual partners being treated equally; discounts are not permitted.
2.		The tariffs must be designed in such a way that the costs to be expected for the household packaging collected separately in the calendar year as well as for the household packaging collected together with municipal waste are to be calculated on the basis of a comprehensible cost calculation. tariff category, including the related costs of sorting and recovery, to the total mass of the corresponding tariff category, placed on the market in the same calendar year, in respect of which participation in the system is carried out, be relocated.
3.		For participants who do not place more than 1500 kg of household packaging on the market in the calendar year, flat-rate solutions can be offered, which the participants can take advantage of as an alternative to the tariffs according to Z 1. In the agreement pursuant to Section 30a (3) of the AWG 2002, guidelines for the calculation of the flat rate and for consideration in the notification in accordance with Section 29b (3) AWG 2002 may be established.
4.		Collection and recycling systems for household packaging shall require their system participants, provided that they do not claim a flat-rate solution according to Z 3, to require the packaging materials placed on the market for each tariff category to be used for each category of packaging. Household packaging at an expected annual fee total for all tariff categories
a)			up to € 1 500, -- per calendar year,
b)			from € 1 500, -- up to € 20 000, -- per calendar quarter and
c)			over € 20 000, -- per calendar month
		to the collection and recovery system.
5.		Collection and recycling systems for household packaging have to ensure that returns from household packaging to the reporting of packaging materials can be offset by the system participant, provided that such packaging is demonstrably reused or exported the packaged goods or goods. The same applies to household packaging that has been shown to have been exported.

(3) Collecting and recycling systems for household packaging shall have within a reasonable period prior to their application to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, following the underlying principle of the collection and recycling systems for household packaging. to report underlying calculation bases.

(4) Collection and recovery systems for household packaging shall have sufficient takeover capacity for household packaging in each collection region and, in each calendar year, at least the following shares per packaging material In relation to the extract mass of all collection and recovery systems for household packaging within the framework of the separate collection:

1. Paper, cardboard, paperboard and corrugated board	80%
2. Glass	80%
3. Metals	50%
4. Plastics	60%
5. Beverage composite carton	50%
6. other material composites	40%

Foreign substances and substances not covered by this Regulation shall not be taken into account for the detection component.

(5) Collectable and recovery systems for household packaging shall be used to exploit the separately collected packaging collected together with municipal waste and subsequently sorted out, with at least the following in each calendar year: The following are to be introduced into a recycling plant according to the state of the art:

1. Paper, cardboard, paperboard and corrugated board	95%
2. Glass	100%
3. Metals	100%
4. Plastics	50%
5. Beverage composite carton	60%
6. other material composites	40%

Wood from the separate collection shall be introduced into a recycling plant according to the state of the art at least to 15%. Foreign substances and substances not covered by this Regulation shall not be taken into account for the recycling component. If several packaging materials are collected together in the separate collection, these are to be used in the sense of the first sentence, irrespective of the scope of the approval of the collection and recycling system, except for the proportion of the particular product referred to in § 3 Z 8. The packaging material in the separate collection is less than 1% of the total mass of this collection fraction.

(6) In any event, collection and recovery systems for household packaging shall be subject to the Federal Minister of Agriculture, Forestry, Environment and Water Management for the purpose of demonstrating the proper business activities, at least annually until 10 April of the following year. Year to be transmitted:

1.		proof of the separately collected packaging materials collected together with residual waste and on the recycling rates of the respective packaging materials, in whole by category, broken down by tariff categories, and Any litter mass, the name and address of the recycling holdings and the total mass taken over the previous calendar year as well as the type of recovery, broken down into material, thermal or other Recovery; proof of recovery shall be confirmed by to submit to the approval authority, on request, the actual exploitation of the transferred masses of the approval authority;
2.		a list of the contractors in electronic form, including the name, address, packaging materials, broken down by tariff categories, and whether and to what extent, and to what extent, participation is made in accordance with § 8;
3.		the total mass of household packaging for each category of household goods, declared by their participants in Austria during the previous calendar year or imported for their own use, in each category (part-of-the-line); and
4.		an activity report.

(7) By 10 September each year at the latest, and no later than 10 September each year, collection and recovery systems for household packaging shall have a annual report, including the annual accounts for the preceding calendar year, extended by the Annex to the annual accounts. Federal Minister for Agriculture, Forestry, Environment and Water Management. A change in the ownership structure or an intended change to the General Terms and Conditions is to be reported immediately to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(8) The collection and recycling systems for household packaging shall, as a condition for the operation of their system, be made annually by the notification referred to in paragraph 6 (3), each for the calendar year up to 10 April of the following year, for the first time three years after the date of the To demonstrate that, in at least one category of collection, a market share of at least 5% of the total annual mass of household packaging of the respective collection and recycling systems is to be found in at least one collection category. Collection category is reached. If this market share is not reached even after a grace period has been set, the Federal Minister for Agriculture, Forestry, Environment and Water Management, according to § 31 paragraph 2 Z 4 lit. b AWG 2002 to withdraw the authorisation for the operation of the collection and recovery system at the end of the current calendar quarter.

Section 3

Obligations for commercial packaging

Obligations of manufacturers, importers, packers and distributors of commercial packaging

§ 10. (1) Manufacturers, importers, packers and distributors of commercial packaging shall be obliged, without prejudice to the additional obligation of the last distributor in accordance with § 11, to use the commercial packaging placed on the market after use. To the extent that they are not demonstrably delivered directly to large waste sites (§ 3 Z 24), they are not available for free. No later than the end of the following calendar year, the commercial packaging withdrawn or produced during the operation of the company shall be returned to a return or in accordance with the provisions of the following calendar year: § 3 Z 9 or to recycle in accordance with § 14 in annexes according to the state of the art (§ 3 Z 10 to 12). In the case of commercial packaging made of untreated wood, it is also permissible to use in approved firing systems. Manufacturers, importers, packers and distributors of commercial packaging shall, in so far as they can be shown to be supplied at large waste sites and do not participate in a collection and recycling system, have these products to the Federal Ministry for Agriculture, forestry, environment and water management broken down by packaging materials and mass not later than three months after the end of each calendar year for the preceding calendar year Annex 3 to report. The relevant records shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management at any time upon request.

(2) In accordance with Section 13g (1) (1) (1) to (3) of the AWG 2002, the primary obligation shall have, no later than three months after the end of each calendar year, the mass of commercial packaging placed on the market (broken down by packaging materials) for the previous calendar year. Federal Minister for Agriculture, Forestry, Environment and Water Management Annex 3 to report. The relevant records shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management at any time upon request.

(3) In accordance with Section 13g (1) (1) (1) to (3) of the AWG 2002, the obligations under (1) and (2) and (14) may be transferred to approved collection and recycling systems for commercial packaging. To the extent that the pledges referred to in paragraph 2 are demonstrably participating in a collection and recovery system, the obligations also apply to the upstream and subsequent distribution stages to the operator of that system. In accordance with Article 13g (1) (1) (1) to (3) AWG 2002, the following sales level or the final consumer shall have the right to participate in a collection and recycling system for commercial packaging in a suitable manner, including the Provide information on the respective collection and recovery system and the tariff category, at least annually or in the event of a substantial change, such as on order or delivery documents.

(4) distributors of commercial packaging shall have the following distribution level or the final consumer of the participation of the primary in accordance with section 13g (1) (1) (1) to (3) of the AWG 2002 in an appropriate manner, including the indication of the respective Collection and recovery systems and the tariff category, at least annually, or in the event of a substantial change, such as on order or delivery documents.

(5) With regard to those commercial packaging for which there is no exception to the withdrawal obligation with regard to certain packaging in accordance with paragraph 1 or sections 6 or 7 of this Article, it has been shown that there is no proof of participation in a collection approved for this purpose. and the recovery system, the primary obligates have been shown to have proven to be in accordance with § 13g (1) (1) (1) to (3) AWG 2002 and all subsequent distribution stages

1.		to take measures to withdraw the commercial packaging which they place on the market;
2.		Withdraw all commercial packaging placed on the market in the calendar year, which are not demonstrably re-used in accordance with § 3 Z 9, and to exploit them in accordance with § 14; this withdrawal shall also be complied with if: the following commitments shall be made in writing in accordance with § 14 and shall be communicated to the primary in writing; proof of the withdrawal shall be broken down by packaging materials (§ 3 Z 8) annually and shall be submitted in accordance with § 22 electronically via the register in accordance with § 22 AWG 2002 to the Federal Minister for Land-and Forestry, the environment and water management in compliance with the Annex 3 to report,
3.		shall ensure that the final consumer of the commercial packaging is informed of the return as well as the corresponding return options by means of appropriate measures, such as, in particular, a mark on the commercial packaging.

(6) By way of derogation from paragraph 3, in the event that the primary obligates do not participate in a collection and recovery system in accordance with § 13g (1) Z 1 to 3 AWG 2002, it may also be a manufacturer, importer, packer or any other manufacturer, importer, packer, or other Distributors participate in a collection and recovery system. In this case, the participant has to submit proof in the form of a legally binding declaration of participation to the primary. This legally binding declaration shall include the indication of the collection and recovery system, the period and the tariff category, as well as the extent of the participation, and shall be submitted at least annually or in the event of a substantial change, and may be in particular on the respective invoice or on the respective delivery note. Paragraph 3 shall apply mutatily. In accordance with Section 13g (1) (1) (1) to (3) of the AWG 2002, the primary obligates shall keep the evidence submitted to them for at least seven years and submit them to the Authority upon request.

(7) Insofar as the primary obligations under Section 13g (1) (1) (1) to (3) of the AWG 2002 have not fulfilled the acceptance obligations under Section 5 (2) (2) to 100%, they have in respect of the difference in mass between the actually reached return and 100% of the in- Transport of commercial packaging materials shall, within three months after the end of each calendar year, be retroactively participating in a collection and recovery system approved for this purpose.

Last distributor

§ 11. (1) Anyone who also delivers commercial packaging to the final consumer (last distributor) shall, in any event, either be shown to participate in a collection and recovery system or to implement measures within the meaning of Article 10 (5) to the extent that: not already a pre-stored manufacturer, importer, packer or distributor can be shown to participate in a collection and recycling system for the respective submitted commercial packaging and this confirms this in writing. Section 10 (1) shall apply to a final distributor supplying a large-scale waste site.

(2) The legally binding declaration of the respective upstream manufacturer, importer, packer or distributor shall be deemed to be proof that the said declaration provides the stated extent for the fulfilment of the obligation. This legally binding declaration shall be made at least annually or in the event of a substantial change, and may in particular be made on the respective invoice or on the respective delivery note. In this case, the commercial packaging must be rejected according to packaging materials and mass, for which no collection and recycling system is used. The final distributors shall keep the legally binding declarations submitted to them for at least seven years and shall submit them upon request.

Small-scale encoders

§ 12. By way of derogation from § § 10 (2) to (6) and § 11, distributors and packers of commercial packaging shall not be subject to the obligations laid down in Section 10 (5) and (11), if it is proven that

1.		a total annual turnover of € 730 000, -- is not exceeded; or
2.		none of the following volume thresholds of packaging placed on the market in the calendar year shall be exceeded:

Packaging	Quantity threshold
Paper, paperboard, cardboard, corrugated board	300 kg
Glass	800 kg
Metals	100 kg
Plastics	100 kg
Wood	100 kg
all other packaging materials as a whole	50 kg

However, this does not apply to the commercial service packaging placed on the market by manufacturers or importers, for the commercial packaging used by packers for the first time, which are not service packaging, and for those used by importers. commercial packaging of the goods or goods imported by them. The obligations laid down in Section 10 (1) remain for small-scale donors.

Collection and recycling systems for commercial packaging

§ 13. (1) Have collection and recycling systems for commercial packaging

1.		to conclude, within the scope of their scope of action as defined in the decision of approval, any contracts referred to in § § 10, 11 and 17, provided that such pledge wishes and is objectively justified,
2.		the takeover of commercial packaging
a)			at their transfer points
b)			of collecting partners who carry out a business street disposal for paper packaging
		in accordance with their market share and
3.		to recycle the packaging taken in the light of paragraph 5, and, where this is not disproportionate, to use it thermally.

(2) The collection of appropriations shall be carried out in accordance with the following principles:

1.		Collection and recycling systems for commercial packaging shall be subject to generally applicable tariffs per tariff category and shall be subject to the same treatment as all contractual partners; discounts shall not be permitted.
2.		The tariffs shall be designed in such a way that the costs to be expected for collection and recovery, including any sorting costs, of the commercial packaging collected in the calendar year shall be calculated on the basis of a comprehensible cost calculation. Tariff category on the total mass of the corresponding tariff category placed on the market in the same calendar year, in respect of which participation in the system is carried out;
3.		For participants who do not place more than 1500 kg of commercial packaging on the market in the calendar year, flat-rate solutions can be offered, which the participants can take advantage of as an alternative to the tariffs according to Z 1. In the agreement according to § 30a (3), guidelines for the calculation of the flat rate and for consideration in the notification in accordance with § 29d (2) AWG 2002 may be established.
4.		Collection and recycling systems for commercial packaging shall require their system participants, provided that they do not claim a flat-rate solution according to Z 3, to require the packaging materials placed on the market per category of tariff for commercial packaging Packaging at an expected annual fee total for all tariff categories
a)			up to € 1 500, -- per calendar year,
b)			from € 1 500, -- up to € 20 000, -- per calendar quarter and
c)			over € 20 000, -- per calendar month
		to the collection and recovery system.

(3) Collecting and recycling systems for commercial packaging shall, within a reasonable period of time, intend to change the tariff changes before they are applied to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with the result that they are based on the to report underlying calculation bases.

(4) The collection and recycling systems for commercial packaging shall be provided with a list of those operating points of seizage and transfer points from which industrial packaging waste is taken over. The packaging materials taken over are, as far as possible, broken down according to tariff categories. These records shall be kept for at least seven years and shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management at any rate annually until 10 April of the following year and at any time upon request.

(5) For commercial packaging collection and recycling systems, at least the following percentages shall be recorded in each calendar year in relation to the packaging mass in respect of which there is a participation in this system:

1. Paper, cardboard, paperboard and corrugated board	90%
2. Glass	90%
3. Metals	60%
4. Plastics	85%
5. Wood	25%
6. other material composites	40%

Foreign substances and substances and packaging which are not covered by this Regulation shall not be taken into account for the detection component.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in any case, annually until 10 April of the subsequent collection and recycling systems for commercial packaging shall have the right to prove the proper business activities. The following year:

1.		proof of the respective collection masses per tariff category, the degree of coverage and the rate of recovery of the collected mass of packaging in relation to the mass of packaging in respect of which there is a participation in this system; and the total mass of the recovery operations, the name and address of the recycling holdings, the total mass taken over the previous calendar year and the type of recovery, broken down by category and the type of recovery, in accordance with the provisions of the material, thermal or other recovery; to demonstrate the Recovery shall be provided by confirmations of the collecting holdings on the actual recovery of the transferred masses of the approval authority upon request;
2.		a list of packaging materials collected by the respective company seizage points in accordance with section 29d (3) AWG 2002 and taken over by the respective transfer agencies for the collection regions, broken down by tariff categories;
3.		a list of contractors in electronic form, including name, address, industry, packaging materials, broken down by tariff categories, and whether and to what extent, and to what extent, Article 10 (7) of the contract is to be carried out;
4.		the total mass of commercial packaging per tariff category (part-of-the-cash category), reported by their participants in Austria during the previous calendar year as a whole, or imported for own use, in each category of fare (part-by-category);
5.		an activity report.

(7) By 10 September each year at the latest, and no later than 10 September of each year, collection and recovery systems for industrial packaging shall have a annual report, including the annual accounts extended by the Annex, for the previous calendar year. To submit to the Federal Minister for Agriculture, Forestry, Environment and Water Management. A change in the ownership structure or an intended change to the General Terms and Conditions is to be reported immediately to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Recycling of commercial packaging

§ 14. Manufacturers, importers, packers and distributors of commercial packaging shall be obliged, in so far as this is not disproportionate (Section 1 (2a) (c) AWG 2002), to withdraw the goods withdrawn pursuant to Article 10 (1) of this Regulation in the case of recovery and to operate the In each calendar year at least the following shares, based on the sum of commercial packaging, are to be introduced into a recycling plant according to the state of the art in the case of packaging materials which have been incurred per packaging material:

1. Paper, cardboard, paperboard and corrugated board	95%
2. Glass	100%
3. Metals	100%
4. Plastics	75%
5. Wood	60%
6. other material composites	40%

Ceramic is to be introduced into a recycling plant according to the state of the art. These quotas are also applicable to collection and recycling systems for industrial packaging with regard to the packaging waste taken over. For the recycling part, foreign substances as well as substances and packaging which are not subject to this Regulation shall not be taken into account.

Large Case

§ 15. (1) Holder of establishments may apply for registration in the Register of Large-Scale (Section 14 (4) AWG 2002), provided that at least one of the following minimum quantities of packaging, which are produced in the context and for the purpose of this establishment, are in each case submitted to the holding of the registration. in the calendar year:

Minimum mass per packaging material in calendar year
Paper, cardboard, paperboard and corrugated board	80 t
Glass	300 t
Metals	100 t
Plastics	30 t

The application shall be submitted to data on the expected quantities of packaging materials to be expected, broken down by packaging materials, for the next calendar year.

(2) holders of major waste sites shall ensure that:

1.		the collection and re-use or recovery of the packaging arising from the company is ensured and
2.		corresponding messages are reported in accordance with paragraph 3.
The packaging is to be recycled in the case of recovery, insofar as this is not disproportionate (§ 1 para. 2 AWG).

(3) At the latest three months after the end of each calendar year for the preceding calendar year, holders of major waste sites shall have the packaging referred to as waste, broken down or submitted for recovery, broken down by packaging materials to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Annex 3 to report.

Management of the large-scale register register

§ 16. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, on the basis of the notifications pursuant to Article 15 (1), have to establish a register of the major waste sites. This register shall be open to the public. The legal validity of the registration, modification or deletion occurs at the beginning of the next calendar quarter.

(2) Where the Federal Minister for Agriculture, Forestry, the Environment and Water Management finds that the conditions for a major waste site are not met, in particular on the basis of notifications pursuant to Article 15 (1) and (3), this major waste site shall be: not to be entered or removed from the list of large-scale waste sites. A deletion may also be made on request. If the registration is refused or deleted as a major waste site, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to inform the person concerned about it at the request of the person concerned.

Section 4

Obligations of self-importers

§ 17. (1) The self-importers of household packaging or of commercial packaging shall be obliged to import packaging imported from them.

1.		either
a)			to collect these packaging as waste,
b)			use in accordance with § 3 Z 9 or § 3 Z 10 in conjunction with § 14 or § 3 Z 11 and 12 in installations according to the state of the art in a demonstrable manner,
c)			Records according to Annex 3 , and to submit to the Federal Minister for Agriculture, Forestry, the Environment and Water Management at any time on request, and
d)			The Federal Minister for Agriculture, Forestry, the Environment and Water Management at the latest three months after the end of each calendar year for the previous calendar year, the notification in accordance with Annex 3 shall be transmitted electronically through the register
		or
2.		take part in a collection and recovery system in this area.

(2) Paragraph 1 shall also apply to disposable tableware and cutlery.

Section 5

Disposable tableware and cutlery

Withdrawal obligation for disposable tableware and cutlery

§ 18. Manufacturers and importers of disposable tableware and cutlery have to comply with the provisions on household packaging for this purpose.

6.

Provisions concerning the final consumer

Prohibition of mixing and the right to return

§ 19. (1) The introduction of

1.		packaging or disposable tableware and cutlery in the separate collection of packaging which is not intended for this purpose,
2.		Packaging or disposable cutlery and cutlery which are contaminated with waste or with arrests in such a way that they prevent or disproportionately impede the reuse or recovery of waste into the separate collection of packaging, and
3.		other wastes which are not packaging or disposable cutlery and cutlery, into the separate collection of packaging
is not allowed.

(2) By way of derogation from paragraph 1 (2) and (3), the introduction of packaging or disposable tableware and cutlery or other waste into the separate collection of packaging shall be permitted if the operator of the collection expressly agrees to the introduction of such packaging.

(3) In the case of delivery of a packaged goods to a final consumer, the transport packaging shall, at the request of the latter, be taken back free of charge immediately after being handed over or on a next delivery (train by train). This obligation cannot be transferred to a collection and recovery system.

Information to the final consumer

§ 20. Collection and recovery systems have the final consumer on the correct handling of packaging waste (prevention, re-use and separate collection), the return options for the final consumer, the desirability of a proper handling of the packaging waste. To inform about the return of packaging waste and the recovery options. The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be required to include in the agreement with the packaging coordination office in this regard. The existing structures of municipal waste management are to be included.

Section 7

Final provisions

Packaging Commission

§ 21. (1) In order to advise the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the issues arising from the enforcement of this Regulation, in particular in the implementation of measures to prevent and organise the A commission is set up by the Federal Ministry of Agriculture, Forestry, Environment and Water Management for the collection and recycling of packaging waste.

(2) The Commission shall consist of one representative

1.		of the Federal Ministry of Agriculture, Forestry, Environment and Water Management,
2.		of the Federal Ministry of Science, Research and Economy,
3.		of the Federal Ministry of Labour, Social Affairs and Consumer Protection,
4.		of the Austrian Municipal Debate,
5.		of the Austrian Association of Cities,
6.		the Austrian Economic Chamber,
7.		the Federal Chamber of Workers and Employees,
8.		the Conference of Presidents of the Austrian Chambers of Agriculture and
9.		of the countries,
10.		of the Waste and Waste Water Management Association,
11.		of waste associations.

(3) The Commission may also be consulted, as appropriate, by other experts or other interested parties.

(4) The Presidency of the Commission is chaired by the representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

(5) The appointment and dismise of the members and the respective substitute member of the Commission shall be the responsibility of the Federal Minister for Agriculture, Forestry, the Environment and Water Management. For the appointment and dismise of the representative of the Federal Ministry of Science, Research and Economics or of the representative of the Federal Ministry of Labour, Social Affairs and Consumer Protection, the agreement with the competent authority must be taken into account. Federal Minister. The representatives of the institutions referred to in paragraph 2 (2) (2) (4) to (9) shall be appointed or dismissed on a proposal from the bodies represented by them. The Commission may not be a member of any person who is in a legal or factual close relationship with a collection and recovery system.

(6) The Commission is quorum if all members have been duly charged and at least half of them are present. Decisions require the simple majority of votes. In the event of a tie, the Chairperson shall vote. Minority votes shall be annexed to the decision of the Commission.

(7) Meetings of the Commission shall be convened by the Chairman as required. Each of the institutions referred to in paragraph 2 shall have the right to request the convening of a sitting, in which case the Chairman shall convene a meeting without delay, which shall take place within two weeks.

(8) The deliberations and the documents on which it is based shall be confidential. The members of the Commission may, during the period of their appointment and also after the date of their appointment, be entitled to a commercial or industrial secrecy which has been entrusted to them in this capacity or which has become available to them in this capacity. not reveal or exploit it.

(9) A protocol should be drawn up on the outcome of the deliberations. The protocol management is the responsibility of the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

(10) The more detailed rules on management shall be laid down in a point of order to be adopted by the Commission.

Electronic messages

§ 22. (1) The masses to be reported in Section 9 (6) (3) and (6) (6) (4) with regard to the masses to be reported in the calendar year, and those in § 10 (1), (2) and (5) (2), § 15 (3) and § 17 (1) (1) (1) (1) (1) (1). d have been reported electronically via the register in accordance with Section 22 of the AWG 2002. For these reports, the interfaces or web forms made available by the Federal Minister for Agriculture, Forestry, Environment and Water Management are to be used.

(2) The reporting of collection and recovery systems pursuant to Section 29b (3) and Section 29d (2) and (3) of the AWG 2002 shall be made electronically via the register in accordance with § 22 AWG 2002.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the following in the fulfilment of Section 29b (4) and Section 29d (4) of the AWG 2002. Annex 4 shall be complied with.

Implementation of Union law

§ 23. This Regulation shall:

1.		Directive 94 /62/EC on packaging and packaging waste, OJ L 94, 9.4.1994, p. No. OJ L 365, 31.12.1994 S 10,
2.		Directive 2004 /12/EC amending Directive 94 /62/EC on packaging and packaging waste, OJ L 108, 24.4.2004, p. No. OJ L 47, 18.02.2004 S 26, and
3.		Directive 2013 /2/EU amending Annex I to Directive 94 /62/EC on packaging and packaging waste, OJ L 206, 22.7.1994, p. No. L 37 of 8.02.2013 S 10
	.

Notification

§ 24. This Regulation has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204 of 21.07.1998 S 37, as amended by Directive 98 /48/EC, OJ L 204, 21.7.1998, p. No. OJ L 217 of 05.08.1998 S 18, notified (notification number: 2013 /567/A).

Transitional provisions

§ 25. (1) The obligations laid down in § § 3, 4, 8 and 15a of the Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006, remain for packaging prior to 1 January 2006. Jänner 2015 was placed on the market. This also includes the provisions of § § 5, 6, 7, 10 and 10a of the German Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006.

(2) The obligations laid down in § 16 of the Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006, are for disposable crockery and cutlery, which is prior to 1. Jänner 2015 was placed on the market.

(3) Sammel and exploitation systems have the evidence and reports on the calendar year 2014 according to § 11 Para. 8 and 9 of the Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006, to be sent to the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Entry into force and external force

§ 26. (1) Insofar as paragraph 2 does not specify otherwise,

1.		this Regulation with 1. Jänner 2015 in force and
2.		the Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006, with the expiry of 31 December 2014.

(2) The following day shall be presented to the customer

1. § 3 (1) and (2) of this Regulation in force and

2. § 2 (1) and (1a), Section 7 (1) and the Appendixes 1a and 2 of the Packaging Ordination 1996, BGBl. No 648/1996, as amended by the BGBl Regulation. II No 364/2006, except for force.

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