Packaging Regulation 2014

Original Language Title: Verpackungsverordnung 2014

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_184/BGBLA_2014_II_184.html

184. Regulation of the Federal Minister for agriculture and forestry, environment and water management on the prevention and recycling of packaging waste and certain Warenresten (packaging Ordinance 2014)

On the basis of §§ 14, 23 par. 1 and 36 of the waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102/2002, I will be amended by the Federal Act Federal Law Gazette No. 193/2013, in agreement with the Federal Minister for science, research and economic:

1 section

General information

Objectives

1 objectives of this regulation are 1 the re-use of packaging and packaging waste prevention and - if these wastes cannot be avoided - preparing for re-use, recycling and other forms of recovery of such wastes of so the mass be eliminated to reduce, and 2. the restriction of the use of hazardous substances in packaging, to contribute to the protection of human health , to ward off threats to the natural living conditions of animals or plants or the soil and to the environmentally sound recovery and disposal of packaging waste.

Scope

2. (1) this Regulation applies to used in Austria in transport packaging and all packaging waste, regardless of whether they fall into homes or elsewhere in the industry, the trade, the Administration, in industry, the service sector, and regardless of the materials that make up her.

(2) in the case of distance selling within the meaning of section 5a of the Consumer Protection Act (KSchG), Federal Law Gazette No. 140/1979, as amended by Federal Law Gazette I no. 50/2013, by a shipping merchant, who has no Office or any branch office in Austria, also the packaging delivered to Austria and the packaging waste subsequently subject to the scope of the regulation.

(3) this Regulation applies to disposable tableware set in Austria in traffic and cutlery.

Definitions

§ 3. The purposes of this regulation, is or are 'Packaging' means packaging made of different packaging materials, packaging AIDS or pallets to the recording, protection, handling, delivery and the presentation of goods 1. In addition, the term packaging is determined by the following criteria. The items listed in Appendix 2 are examples of the application of these criteria.

a) items are considered as packaging, if it complies with the above definition, unless without prejudice to other functions which might also meet the packaging, aa) the item is an integral part of a product, which is needed to the enclosure, support, or preservation of this product throughout its life cycle, and bb) all components are intended for the common use, common consumption, or the common treatment.

(b) items that that are designed and intended, filled at the point of sale, and are disposable, which emitted filled or designed and intended, filled at the point of sale to be considered packaging provided they fulfil a packaging function.

c) packaging components and ancillary elements are integrated in a package are considered part of the packaging in which they are integrated. Additional elements that immediately hang on a product or are attached and fulfil a packaging function, considered to be packaging, unless, they are an integral part of the product and all components are intended to be the common usage or common treatment.

2. "Packaging" to wrap products, which are intended to, goods or goods for transport, storage, transportation, shipping or sales purposes or to hold together.

3. "Packaging AIDS" products, which are used for the purpose of packaging together with packaging in particular for packing, sealing, shipping manipulations and marking of the goods or a good.

4. "Transport packaging" packaging up to the dealer or through the Distributor to their delivery to the final consumer from damage to store goods or goods either by the manufacturer, or that are used for reasons of safety of transport.

5. "Sales packaging" packaging, used the final consumers or any third party on whose behalf to consumption, or to the use of the goods or goods, in particular as carriers use or legally prescribed product information.

6 "outer packaging" - as far as they see Z 4 or 5 fall - packaging, which in addition are attached to one or more sales packaging or wrapping goods or goods unless they are required not eg for hygienic or product technical reasons or for reasons of durability and protection against damage or pollution for sale to the final consumer.

7 "Service packages" packaging such as tote bags, Stanitzel, bags, bottles or similar wrappings, unless made these packages in a technically uniform shape and are usually in or relating to the dispensing site filled to the final consumers.

8 "packaging materials" products, from which packaging materials or packaging AIDS or pallets are made directly from following materials: a) paper, cardboard and corrugated cardboard.

(b) glass;

(c) wood;

(d) ceramics;

(e) metals;

f) textile fibres;

(g) plastics;

h) composite cartons according to Z 25;

(i) other material combinations in accordance with Z 26;

(j) other packaging materials, especially on a biological basis.

9 'Reuse' is a same purpose corresponding to multiple filling or use of packaging. The number of rounds has packaging intended for reuse, as those to meet which is technically possible as well as product and Pack medium specific common to the structure of the packaging.

10 'Recycling' in accordance with the definition of § 2 5 Z 7 AWG 2002 to understand.

11 'organic recycling' the aerobic treatment (biological recovery) or the anaerobic treatment (biogas) - on micro-organisms and under control - the biodegradable parts of packaging waste with production of stabilized organic residues or methane.

12 'thermal recovery' the use of combustible packaging waste to generate energy through direct incineration with or without other waste, anyway, with recovery of the heat. For incinerators, the purpose of which is the treatment of solid waste, the efficiency criterion in accordance with the recovery operation R1 is to comply with 2002 anyway, in annex 2 of the AWG.

13 "transport a install" either) the import of service packaging or packaged goods or goods to Austria, and in the case of an importer of capital according to Z 20 import of any packaging or b) in all other cases acquisition moderate passing a package or goods or goods in packaging in Austria to another legal person including distance pursuant to § 2 para 2.

A mere transport on behalf of another person is not considered to be in traffic setting.

14 "Service packaging manufacturer" is any person or establishment in Austria, which independently produces the distribution method service packaging and for the first time in Austria industrial traffic.

15 "Importer of service packaging" is any person with seat or place of business in Austria, imported irrespective of the selling technique, including distance within the meaning of § 5a KSchG, service packaging and for the first time in Austria industrial traffic.

16 "Importer of packaged goods or goods" is any person with seat or place of business in Austria, imported irrespective of the selling technique, including distance within the meaning of § 5a KSchG, goods or goods in packaging, and for the first time in Austria industrial traffic.

17 fills "the packer" any person with seat or place of business in Austria, the goods, or goods in packaging, packing down or brings with packaging in conjunction, to store or to deliver.

18 no matter what sales level, even in the way of shipping trade, transport sets 'Distributor' any person or establishment in Austria, the packaging or packaged goods or goods.

19 every consumer in terms of the consumer protection act and any person with seat or place of business in Austria, the packaging, goods or goods in packaging for their GE - or consumption purchases "Final consumers" or imported.

20 acquires a final consumers, goods or goods in packaging for the operation of his company from abroad "Own importer" and which apply to all packaging in the company as waste.

21 "Market share" the percentage of the ratio of the mass that is used by the participants of a collection and recycling system in Austria in traffic or imported for personal use and reported by this collection and recycling system in packaging a collection category to the bulk logged a total of all collection and recovery systems this collecting category defined.

22 "Collecting category" is a group of one or more packaging materials packaging, which is laid down in annex 5.

23 "Fare category" is a group of one or more packaging materials packaging, which is laid down in annex 5.

24.

'Large attack authorities' premises, which are registered in the register referred to in article 16, paragraph 1.

25 "Composite cartons" a closed packaging for liquid or paste-like food or beverage, from a combination of permanent, not easily separable from the final consumers (E.g. bonded, glued, welded) consists of two or more different packaging materials, where the substrate is paper or cardboard. A closure is considered part of the composite cartons.

26 "Other material composites" generally permanent, not easily separable from the final consumers combinations (E.g. bonded, glued, welded, riveted, pressed) by two or more different packaging materials, if the mainly used packaging material under 80% by weight of the material group and these combinations do not fall under the Z 25; a plastic packaging material, or a packaging material, bio-based, is a composite of material exists if the plastic or the packaging material bio-based on 95% by weight of the material group. Coated on both sides and one or on both sides with paraffin or wax coated or impregnated paper applies at least as composite material. Kraft paper bags for filling material capacity of at least 15 kg and a paper share of at least 70% by weight are not considered other material composites.

Requirements for packaging

Packaging is section 4 (1) to produce and transport to put in, that they comply with the essential requirements of annex 1.

(2) in transport setting of packaging, the concentration of 100 ppm by weight of lead, cadmium, mercury and hexavalent Chromium in sum exceeds, is not allowed, unless it is to those of lead crystal,. Are exceptions in accordance with article 11 paragraph 3 of Directive 94/62/EC on packaging and packaging waste, OJ No. L 365 of 31.12.1994 S 10, Austria in the official journal of the European Union, was made in a separate notice in the Gazette, which is the binding of these exceptions to the result.

(3) other legislation, must that place demands on certain packaging or packaging of special treatment are led to, remain unaffected by this regulation.

Recycling rates

§ 5 (1) there are in each calendar year total following shares of mass in Austria transport used in the respective packaging materials to a recycling facility after the State of the art to bring: 1. paper, cardboard and corrugated board



60% 2nd glass



60% 3 metals



50% 4 plastics



22.5% 5 wood



15% 6 cartons bond



25% 7 other material composites



15% when calculating the quota for plastics may be included only material, which again becomes plastic recycling.

(2) packaging waste, are executed from the European Union, should be considered only when calculating the proportions set out in paragraph 1, if the obligated party must prove 1 the recovery, in particular the recycling, occurred under conditions, which essentially correspond to those which are provided for in the relevant Union regulations, and 2. export according to the legal Union waste shipment law properly takes place.

Promotion of reusable packaging

Section 6 (1) by way of derogation from article 8, section 10, paragraph 2, 5 and 7, § 11 bepfandete packaging and pallets, which are intended (returnable) 2 each for reuse are demonstrably 1 packaging, which intended for reuse for a delivery in the direct exchange between suppliers and customers change their owner without requiring a deposit will be charged for this operation, and 3. the Pack tools used with these packaging together in traffic , such as caps and labels, unless the mass of this packaging AIDS amounts to no more than 5% by mass of returnable packaging, does not include the obligations stated in these terms and conditions.

(2) reusable packaging can be provided with indicator for returnable to distinguish of disposable packaging.

(3) mass which filled in a calendar year for the first time and which are incurred in the waste and recycled or passed to the recycling reusable packaging to raise at least every three years. This can be done by means of a study.

(4) for the calendar year 2014 a message in accordance with § 6 section 2 of the Ordinance is no 648/1996 as amended by Federal Law Gazette 1996, in the version of Federal Law Gazette. II No. 364/2006, to leave.

Exemption for certain packaging

§ 7 manufacturers, importers, the Packer, Distributor and mail order companies in accordance with § 13 g para 1 AWG 2002 by packaging, 2002 or with buildup in a way contaminated with hazardous waste within the meaning of the AWG are that they prevent the re-use or recycling or disproportionately difficult, subject to with regard to this packaging not article 8 § 10 par. 2, 5 and 7 and § 11.

2. section

Obligations for household packaging

System participation

§ 8 (1) 1 to 3 and 5 AWG 2002 have Primärverpflichtete for packaging in accordance with § 13 g 1 Z g paragraph 2 in terms of household packaging used by them in traffic in accordance with § 13 and approved 3 AWG 2002 in a collection and recovery system for household packaging to take part. Within two months, after he has used household packaging in traffic for the first time, a Primärverpflichteter has to conclude a contract on the participation.

(2) a preliminary stage of distribution participates in a collection and recovery system for household packaging, the the Primärverpflichteten to the respective extent participation obligation shall not apply. The Primärverpflichtete has a legally binding declaration of the upstream manufacturer, importer, the Packers or distributor, that it provides for the fulfilment of the obligation to prove. This legally binding declaration has indicating the collection and recovery system to contain the period and the tariff category, as well as the extent of the involvement and is to submit at least annually or when a significant change can be done especially on the invoice or the delivery note. Primary obligated party must have at least seven years to keep the legally binding declarations submitted to them and to submit to the authority upon request.

(3) participants who take part in a tariff category for multiple collection and recycling systems, must announce beforehand comprehensible criteria of distribution of participation in mass the respective collection and recycling systems.

(4) an exchange between different systems of collection and recycling or the amendment to the criteria of allocation within a tariff category in accordance with paragraph 3 is permitted only with the end of each calendar quarter.

Collection and recycling systems for household packaging

§ 9 (1) collection and recycling systems for household packaging have household packaging in the approved collecting categories according to § 29 b para 4 AWG 2002 published market share to capture and recycle as well, if this is not disproportionate to exploit thermal consideration of paragraph 5. Collection and recycling systems for household packaging are committed within the framework of their sphere of competence laid down in the permit notification with any section 8 referred to committed to contracts, if this debtor wants this and this is objectively justified.

(2) the collection of resources has to be made according to following principles: 1. collection and recycling systems for household packaging have to provide generally applicable rates each tariff category and publish; all parties are to treat; Discounts are not allowed.

2. the tariffs are to ensure that the expected cost of the separately collected in the calendar year as well as for the share of municipal waste collected household packages of a tariff category including relevant costs of sorting and recycling to the total in the same calendar year in traffic used mass of corresponding tariff category, in terms of a participation in the system is based on a transparent cost calculation , are killed.

3. for participants who put household packaging in the calendar year not more than 1500 kg transport, flat-rate solutions can be offered which can alternatively take participants to the tariffs referred to in subpara 1 claim. In the agreement in accordance with article 30a, paragraph 3 AWG 2002 guidelines for the calculation of the allowance, and for the inclusion in the message as per § 29 can be set AWG 2002 b paragraph 3.

4. collection and recycling systems for household packaging have their system participants, provided they take not a blanket solution according to Z 3 claim to commit, the packaging mass transport used in each rate category for household packaging at an expected annual fee sum for all fare categories a) up to € 1 500 per calendar year, b) of € 1 500 up to € 20 000,--per calendar quarter and c) over € 20 000 , to report - per calendar month on the collection and recovery system.

5.

Collection and recycling systems for household packaging have to ensure that returns against are can offset of household packaging the message of the mass of the packaging by the system participants, if were demonstrably reused packaging or packaged goods or goods exported. The same applies to household packaging that demonstrably have been exported.

(3) collection and recycling systems for household packaging have the Federal Ministry of agriculture and forestry intended price changes within a reasonable period of time prior to their application to report environmental and water management by connecting the underlying calculation bases.

(4) collection and recycling systems for household packaging have to provide acquisition capacity for household packaging in every collecting area and in each calendar year based on the Teilnahmemasse of all collection and recycling systems for household packaging in the context of separate collection to capture overall at least the following shares per packaging material: 1 paper, cardboard and corrugated board



80% 2 glass



80% 3 metals



50% 4 plastics



60% 5 composite cartons



50% 6 other material composites



40% for the proportion of acquisition are foreign substances and substances which are subject to this regulation not to be.

(5) collection and recycling systems for household packaging have to exploit the separately collected and recorded together with municipal waste and subsequently sorted packaging, whereby in each calendar year, at least the following shares in a recycling plant to introduce are the State of the art: 1 paper, cardboard and corrugated board



95% 2. glass



100% 3 metals



100% 4 plastics



50% 5 composite cartons



60% 6 other material composites



40% wood from the separate collection is after the State of the art to bring at least 15% in a recycling plant. For the recycling percentage are foreign substances and substances which are subject to this regulation not to be. If separate collection together collect more packaging materials, these are independent of the coverage of the collection and recovery system within the meaning of the first sentence to use, unless the proportion of a given in § 3 Z 8 of referred to pack material in the separate collection is less than 1% of the total mass of this collective group.

(6) collection and recycling systems for household packaging have to demonstrate of the proper business activities the Federal Ministry of agriculture and forestry, to provide environmental and water management at least annually by April 10 of the following year: 1 proof about the separately collected and the packaging materials collected together with other household waste and the recovery rates of the respective masses of packaging, namely overall after collecting category, classified according to tariff categories and any term mass , the name and address of the recovery operations and the mass acquired from the respective recyclers in the past calendar year and the kind of exploitation, divided into material, thermal or other disposal; for the detection of recovery are confirmations of recycling enterprises actually made recovery of given masses of the permitting authority upon request to submit;

2. a list of contractors in electronic form, including name, address, packaging dimensions, classified according to tariff categories, and whether and in what time frame, and to what extent a participation within the meaning of article 8 is made;

3. used in Austria in the preceding calendar year a total on the market or imported for personal use mass reported by its members of household packaging each fare category (participation in mass) and 4 an activity report.

(7) collection and recycling systems for household packaging have also annually by no later than 10 September each year to submit an annual report including the annual financial accounts extended to annex over the previous calendar year to the Federal Minister of agriculture and forestry, environment and water management. A change in the ownership structure or an intended modification of the general terms and conditions is to immediately report to the Federal Minister of agriculture and forestry, environment and water management.

(8) collection and recycling systems for household packaging have Z 3, as a prerequisite for the operation of your system annually by the notification referred to in paragraph 6 for the calendar year and April 10 of the following year, for the first time three years after the commencement of their activity to prove that in at least one category of collecting a market share relative to the masses participating annually a total of collection and recovery systems is achieved by at least 5% of household packaging each collecting category. If this market share is not reached even after a grace period, has the Federal Minister for agriculture and forestry, environment and water management according to § 31 para 2 No. 4 lit. (b) to revoke the authorisation for the operation of the collection and recycling system at the end of the current calendar quarter AWG 2002.

3. section

Obligations for commercial packaging

Responsibilities of manufacturers, importers, the packer and distributor of industrial packaging

§ 10 (1) manufacturer, importers, the packer and distributor of industrial packaging are without prejudice to the additional obligation of the last distributor pursuant to § 11 obliged to withdraw the commercial used by them in transport packaging after use free of charge, insofar as they not demonstrably directly where big seizure (§ 3 Z 24) delivered. In the calendar year, withdrawn or incurred in the operation of the company commercial packaging is to return an only upstream Rücknahmeverpflichteten at the latest until the end of the following calendar year or to use in the meaning of § 3 Z 9 or to use after the State of the art in accordance with § 14 in plants (§ 3 Z 10-12). Also use approved combustion plants is allowed for commercial packaging made of untreated wood. Manufacturers, importers, the packer and distributor of industrial packaging have them unless they demonstrably delivered to large attack points and for no participation in a collection and recovery system is divided according to packaging materials and dimensions no later than three months after the end of each calendar year for the previous calendar year according to annex 3 to report the Federal Ministry of agriculture and forestry, environment and water management. The relevant records are the Federal Ministry of agriculture and forestry, to present environmental and water management at any time on request.

(2) Primärverpflichtete pursuant to § 13 g 1 Z 1-3 AWG 2002 have to report the mass used in transport of industrial packaging (broken down according to packaging materials) the Federal Minister for agriculture and forestry, environment and water management according to annex 3 at the latest three months after the end of each calendar year for the previous calendar year. The relevant records are the Federal Ministry of agriculture and forestry, to present environmental and water management at any time on request.

(3) Primärverpflichtete can the obligations referred to in paragraph 1 in accordance with § 13 g 1 Z 1-3 AWG 2002 and 2 and § 14 approved collection and recovery systems for industrial packaging transfer. To the extent where the obligation referred to in paragraph 2 has been proven participate in a collection and recovery system, skip the obligations also for the preceding and subsequent distribution to the operators of this system. Primary debtor in accordance with section 13 g para 1 subpara 1 up to 3 AWG 2002 have the subsequent stage of the distribution or the final consumers of participation in a collection and recycling system for commercial packaging in an appropriate manner, including the indication of the respective collection and recovery system and the tariff category, at least annually or when a significant change to inform, as, for example, on order or delivery documents.

(4) distributor of industrial packaging have at least annually or when a significant change in the subsequent stage of the distribution or the final consumer about the participation of the Primärverpflichteten pursuant to § 13 g para 1 No. 1 to 3 AWG 2002 in an appropriate manner, including the indication of the respective collection and recovery system and the tariff category, information such as on order quantity or delivery documents.

(5) as regards the commercial packaging, which is an exception from the redemption obligation with regard to certain packaging in accordance with paragraph 1 or the articles 6 or 7, nor proven is a participation in an collection approved for and recycling system, the Primärverpflichteten referred to in article 13 have g para 1 Z 1-3 AWG 2002 and all subsequent distribution evidence 1.
Taking measures for the return of commercial packaging used by them in traffic, 2.

all subject to the calendar year of them commercial packaging, not demonstrably reused Z 9 pursuant to article 3 be, to take back and exploit; in accordance with § 14 This withdrawal is also met if a subsequent contractors utilized this packaging in accordance with § 14 and this is communicated to the Primärverpflichteten in writing; the proof of the withdrawal is structured according to the packaging material (§ 3 Z 8) annually to lead and is in accordance with section 22 electronically via the register pursuant to § 22 AWG 2002 to sign the Federal Ministry of agriculture and forestry, environment and water management in compliance with the specifications laid down in annex 3, 3. suitable measures, such as in particular by a notice on the commercial packaging, to ensure that the final consumers of commercial packaging the return and the corresponding return possibilities are informed.

(6) by way of derogation from paragraph 3 can one also in the case that the Primärverpflichteten according to § 13 g 1 Z 2002 not attend 1 to 3 AWG a collection and recycling system, take part in a collection and recovery system upstream or subsequent manufacturer, importer, the packer or Distributor. In this case the participant has to provide proof in the form of a legally binding declaration on participation in the Primärverpflichteten. This legally binding declaration has indicating the collection and recovery system to contain the period and the tariff category, as well as the extent of the involvement and is to submit at least annually or when a significant change can be done especially on the invoice or the delivery note. Paragraph 3 shall apply mutatis mutandis. The Primärverpflichteten according to § 13 g 1 Z 1-3 AWG 2002 have at least seven years to keep the evidence submitted to it and to present the authority upon request.

(7) as far as the Primärverpflichteten according to § 13 g 1 Z 2002 the take-back obligations of paragraph 5 1 to 3 AWG met no. 2 does not to 100%, regarding the Differenzmasse between the return actually achieved and 100% of commercial dimensions within three months after the end of each calendar year with retroactive effect overall on an collection approved for and recovery system used in traffic to take part.

Last but not least distributor

§ 11 (1) (last but not least distributors), who makes industrial packaging to final consumers has to take part in any case for this packaging either demonstrably in a collection and recovery system or implementing measures within the meaning of § 10 5 insofar as not already an upstream manufacturer, importer, the packer or distributor has been shown for each passed commercial packaging in a collection and recovery system takes part and confirmed this in writing. Article 10, paragraph 1 shall apply for a last distributor, which supplies a large attack somewhere.

(2) the legally binding declaration of the upstream manufacturer, importer, the Packers or distributor, this ensures the fulfilment of the obligation to the extent declared applies as proof. This legally binding declaration has to be made at least annually or when a significant change and can be done especially on the invoice or the delivery note. While those commercial packaging are packaging materials and mass to expel, for no use of collection and recovery systems. Last but not least distributors have at least seven years to keep the legally binding declarations submitted to them and to submit to the authority upon request.

Small bar dealer

§ 12 different of the § 10 paragraph 2 to 6 and § 11 distributors and the packer of commercial packaging are subject to not the obligations in accordance with § 10 paragraph 5 and article 11, unless demonstrably 1 a total annual turnover of € 730-000,--is not exceeded or 2. None of the following quantities of packaging used in the calendar year total is exceeded: packaging material



Tonnage threshold paper, paperboard, cardboard, corrugated cardboard



300 kg of glass



800 kg metals



100 kg plastics



100 kg wood



100 kg total, all other packaging materials



50 kg this is true but not for the commercial service packaging used by manufacturers or importers in traffic, for commercial packaging used by the Packers for the first time, that are not service packaging, and for commercial packaging used by importers on the market goods or goods imported by them. The obligations referred to in article 10, paragraph 1 remain for small bar dealer.

Collection and recovery systems for industrial packaging

§ 13 (1) collection and recycling systems for commercial packaging have 1 part in the permit notification of set area of effect with each in the §§ 10, 11 and 17 referred to debtor contracts to complete if this debtor wants this and this is objectively justified, 2. the acquisition of commercial packaging a) at their transfer points b) to make sure of collecting partners who conduct a business road disposal for paper packaging according to their market share and 3. to recycle the acquired packages under consideration of paragraph 5 and , if it is not disproportionate to utilize thermally.

(2) the collection of resources has to be made according to following principles: 1 collection and recovery systems for industrial packaging have to provide generally applicable rates each tariff category and publish; all parties are to treat; Discounts are not allowed.

2. the tariffs are to ensure that the expected costs for collection and recycling, including any costs of sorting, the commercial packaging of a tariff category on the mass of the appropriate tariff category, in terms of participation in the system is carried out, placed overall in the same calendar year in traffic, collected during the calendar year will be based on a transparent cost calculation;               

3. for participants who put commercial packaging in transport not more than 1500 kg in a calendar year, flat-rate solutions can be offered which can alternatively take participants to the tariffs referred to in subpara 1 claim. Guidelines for the calculation of the allowance, and for the inclusion in the message in accordance with § 29 par. 2 AWG can be set in the agreement in accordance with article 30a, paragraph 3, in 2002.

4. collection and recovery systems for industrial packaging have their system participants, provided they take not a blanket solution according to Z 3 claim to commit, the packaging mass transport used in each rate category for commercial packaging at an expected annual fee sum for all fare categories a) up to € 1 500 per calendar year, b) of € 1 500 up to € 20 000,--per calendar quarter and c) over € 20 000 , to report - per calendar month on the collection and recovery system.

(3) collection and recycling systems for commercial packaging have the Federal Ministry of agriculture and forestry intended price changes within a reasonable period of time prior to their application to report environmental and water management by connecting the underlying calculation bases.

(4) collection and recycling systems have to keep a register of those corporate attack sites and transfer stations, commercial packaging waste are taken over by those for commercial packaging. The respectively acquired packaging materials are, as far as possible arranged according to tariff categories to record continuously. These records are to be kept at least seven years and to submit the Federal Ministry of agriculture and forestry, environment and water management at least annually by April 10 of the following year, as well as at any time on request.

(5) collection and recycling systems for commercial packaging purchased on those dimensions in terms of participation in this system is to capture in each calendar year at least the following shares per packaging material: 1 paper, cardboard and corrugated board



90% 2nd glass



90% 3 metals



60% 4 plastics



85% 5 wood



25% 6 other material composites



40% for the proportion of acquisition are foreign substances and materials and packaging are subject to this regulation not to be.

(6) collection and recycling systems for commercial packaging have to demonstrate of the proper business activities the Federal Ministry of agriculture and forestry, to provide environmental and water management at least annually by April 10 of the following year: 1. proof of the respective collective mass for each tariff category, the respective coverage and the recovery rate of collected packaging dimensions, referring to those dimensions in terms of participation in this system is , and total fare categories and any term bulk, the name and address of the recovery operations and the mass acquired from the respective recyclers in the past calendar year and the kind of exploitation, divided into material, thermal or other disposal; for the detection of recovery are confirmations of recycling enterprises actually made recovery of given masses of the permitting authority upon request to submit;

2.

a list of the 2002 information collected by the respective operational attack authorities pursuant to § 29 d 3 AWG and taken over by the respective transfer points for collecting regions packaging masses, structured according to the tariff categories.

3. a list of contractors in electronic form, including name, address, industry, packaging dimensions, classified according to tariff categories, and whether and in what time frame, and to what extent is a participation within the meaning of § 10 section 7;

4. used in Austria in the preceding calendar year a total on the market or imported for personal use mass from their participants reported commercial packaging each fare category (participation in mass) and 5 an activity report.

(7) collection and recovery systems have to in addition for commercial packaging annually by no later than 10 September each year to submit an annual report including the annual financial accounts extended to annex over the previous calendar year to the Federal Minister of agriculture and forestry, environment and water management. A change in the ownership structure or an intended modification of the general terms and conditions is to immediately report to the Federal Minister of agriculture and forestry, environment and water management.

Recycling of industrial packaging

§ Are 14 manufacturers, importers, the packer and distributor of industrial packaging - as far as this is not disproportionate (§ 1 para 2a Z 1 AWG 2002) – is obliged, in the case of exploitation which according to § 10 para 1 taken back and the packaging that is incurred in the operation of the company per packaging material demonstrably involved in any calendar year to a minimum, the following shares on the sum of commercial packaging in a recycling plant after the State of the art to bring : 1 paper, cardboard and corrugated board



95% 2. glass



100% 3 metals



100% 4 plastics



75% 5 wood



60% 6 other material composites



40% ceramic is after the State of the art to bring in a recycling plant. These rates also apply to collection and recovery systems for industrial packaging in terms of acquired packaging waste. For the recycling percentage foreign matter and substances and packaging are subject to not this regulation, are not to take into account.

Most attack sites

Section 15 (1) owners of premises can the entry in the major attack sites register (§ 14 para 4 AWG 2002) request, provided that at least one of the following enclosure on packaging, which fall within the framework of and for the purposes of this operation, is exceeded each calendar year:

 



Enclosure per packaging material in the calendar year



Paper, cardboard and corrugated board



80 t



Glass



300 t



Metals



100 t



Plastics



30 t the application is data about the accumulating mass of packaging expected divided according to packaging materials, for the next calendar year to attach.

(2) holders of large attack authorities have to ensure that 1 an internal collection and re-use or recycling of accumulated packaging is ensured and 2. be appropriate messages in accordance with paragraph 3.

The resulting packaging are in case of recovery, insofar as this is not disproportionate (§ 1 para 2 AWG), to recycle.

(3) holders of large attack points accrued as waste and recycled or passed to the recycling packaging arranged no later than three months after the end of each calendar year for the previous calendar year to report to the Federal Minister of agriculture and forestry, environment and water management in accordance with annex 3 to packaging materials.

Maintaining the most attack sites register

Section 16 (1) the Federal Minister for agriculture and forestry, environment and water management has to establish a register of large attack points due to the reports pursuant to article 15, paragraph 1. This register is available to the public. The validity of the registration, modification, or deletion occurs each at the beginning of the next calendar quarter.

(2) the Federal Minister for agriculture and forestry, environment and water management in particular due to messages in accordance with § 15 para 1 and 3 finds that the conditions for a major attack point are omitted, this major attack point is not to enter, or to remove from the directory for large-scale attack points. A deletion can be done on request. Is the registration as a wholesale seizure denied or cancelled, the Federal Minister of agriculture and forestry has to discuss environmental and water management on request of the person concerned by a decision.

4 section

Obligations of importers of own

(Section 17 (1) own importers of household packaging or commercial packaging are required to for them, packaging 1 imported a either) to capture this accumulating as waste packaging b) in the sense of § or § 3 reuse 3 Z 9 Z 10 in connection with section 14 or section 3 Nos. 11 and 12 in systems according to the State-of the-art proven to exploit , c) records in accordance with annex d to lead 3 and submit the Federal Ministry of agriculture and forestry, environment and water at any time on request) the Federal Minister for agriculture and forestry, environment and water management no later than three months after the end of each calendar year for the previous calendar year the message in accordance with annex 3 electronically by way of the register transfer or 2 to a relevant collection and recovery system to take part.

(2) section 1 applies to disposable dishes and cutlery.

5. section

Disposable tableware and Swaddle

Take-back obligation for disposable tableware and Swaddle

§ 18 manufacturers and importers of disposable tableware and Swaddle have to comply with the provisions concerning household packaging for this.

6 article

Provisions relating to final consumers

Mixing ban and right of return

Section 19 (1) insertion of 1 packaging or disposable tableware and Swaddle in the separate collection of packaging, 2. packaging or disposable dishes and cutlery, which contaminated with waste or buildup in a way not provided are, so that they prevent the re-use or recycling or disproportionately difficult in the separate collection of packaging, and 3 other wastes, which are not packaging or disposable tableware and Swaddle , in the separate collection of packaging is not allowed.

(2) by way of derogation from paragraph 1 Nos. 2 and 3 is bringing in packaging, disposable tableware and Swaddle or other waste in the separate collection of packaging allowed, if the operators of collection expressly agrees to the insertion.

(3) in the case of delivery of packaged goods to a final consumer is on request, immediately after their delivery or next delivery (step by step) free of charge to take back transport packaging. This obligation cannot be transferred to a collection and recovery system.

Last but not least consumer information

§ 20 collection and recycling systems have the final consumers about the correct handling of packaging waste (prevention, recycling and separate collection), to inform the return for final consumers, the expediency of a proper return of packaging waste and the recycling opportunities. Relevant content-related requirements of the Federal Minister for agriculture and forestry, environment and water management are to take the packaging coordination site on the agreement. The existing structures of municipal waste disposal advice are to be included.

7 section

Final provisions

Packaging Commission

Section 21 (1) to advise the Federal Minister of agriculture and forestry, environment and water management issues arising from the enforcement of this regulation, in particular in the implementation of measures to prevent and organise the collection and recycling of packaging waste establishes a Commission at the Federal Ministry for agriculture and forestry, environment and water management.

(2) the Commission consists of one representative of 1 of the Federal Ministry of agriculture and forestry, environment and water management, 2. the Federal Ministry for science, research and economy, 3. the Federal Ministry for labour, Social Affairs and consumer protection, 4 of the Austrian Association of municipalities, 5 of the Austrian League of towns, 6 of the Austrian Federal Economic Chamber, 7 of the German Association for workers and employees, 8th Conference of Presidents of the Chambers of agriculture in Austria and 9 of the countries , 10 of the Professional Association of waste and wastewater management, 11 of the waste associations.

(3) the Commission can be consulted each other on-demand expert or other respondents.

(4) the representative of the Federal Ministry of agriculture and forestry, environment and water management leads the Chairman of the Commission.


(5) the appointment and dismissal of the members and of the respective spare member of Commission is the Federal Minister for agriculture and forestry, environment and water management. The relation with the competent Federal Minister is required for the appointment and dismissal of the representative of the Federal Ministry for science, research and industry or the representative of the Federal Ministry for labour, Social Affairs and consumer protection. The representatives of para. 2 Z 4-9 are institutions referred to to order on a proposal from the bodies they represent or dismissing. Persons who are in a legal or factual close relationship to a collection and recycling system, may not belong to the Commission.

(6) the Commission is resolutionable, if all members have been properly loaded and at least half is present. Resolutions require the simple majority of votes. Vote the vote of the Chairman decides. Minority vote shall be accompanied by the Commission's decision.

(7) the meetings of the Commission are convened by the Chairman as required. Each of the institutions referred to in paragraph 2 has the right to request the convening of a session; in this case, the Chairman shall immediately convene a meeting, to take place within two weeks has.

(8) the deliberations and that the underlying documents are confidential. The members of the Commission are allowed as such designated business or trade secret, which is entrusted to them in this property or become available, for the duration of their appointment, and even after termination of their function does not reveal or exploit.

(9) on the results of the consultations, a protocol is to create. The log management responsibility of the Federal Ministry of agriculture and forestry, environment and water management.

(10) the detailed provisions about the Board of Directors are to govern in a rules of procedure to be decided by the Commission.

Electronic messages

Section 22 (1) in the § 9 section 6 Z 3 and § 13 ABS. 6 No. 4 in terms of the calendar year to reporting mass, and that in article 10, paragraph 1, paragraph 2 and paragraph 5 Z 2, article 15, paragraph 3 and article 17, paragraph 1 subpara 1 lit. d set messages have to be AWG 2002 electronically via the register in accordance with section 22. For these messages, you are by the Federal Ministry of agriculture and forestry to use interfaces provided by environmental and water management or Web Forms.

(2) the messages of the collection and recycling systems in accordance with § 29 b § 3 and § 29 par. 2 and 3 AWG 2002 have electronically via the register referred to in section 22 to be AWG 2002.

(3) the Federal Minister for agriculture and forestry, environment and water management has in the performance of the section 29 2002 to comply with the requirements referred to in annex 4 b paragraph 4 and section 29 para 4 AWG.

Implementation of Union law

section 23. With this regulation, Directive 94/62/EC on packaging and packaging waste, OJ are 1. No. L 365 of 31.12.1994 S 10, 2. Directive 2004/12/EC amending Directive 94/62/EC on packaging and packaging waste, OJ No. L 47 of the Chruch S 26, and 3. the 2013/2/CE directive amending Annex I of to Directive 94/62/EC on packaging and packaging waste, OJ No. L 37 of the 8.02.2013 S 10 implemented.

Notification

§ 24. This regulation is in accordance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society, OJ No. L 204 of the 21.07.1998 S 37, as amended by Directive 98/48/EC, OJ No. L 217 of the 05.08.1998 S 18, shall notify (Notifikationsnummer: 2013/567/A).

Transitional provisions

25. (1) the obligations in accordance with §§ 3, 4, 8, and 15a VerpackVO 1996, BGBl. No. 648/1996, as amended by regulation BGBl. II No. 364/2006, stay for packaging, which were placed before 1 January 2015 in traffic, upright. This connection are no. 648/1996 in accordance with the provisions of sections 5, 6, 7, 10 and 10a VerpackVO 1996, BGBl., II to apply in the version of regulation BGBl. No. 364/2006.

(2) the obligations pursuant to the section 16 VerpackVO 1996, Federal Law Gazette No 648/1996, amended by regulation BGBl. II are no. 364/2006, for disposable dishes and cutlery that has been placed before 1 January 2015 in traffic, next to apply.

(3) collection and recycling systems have the evidence and reports throughout the calendar year 2014 in accordance with § 11 para 8 and 9 VerpackVO 1996, BGBl. No. 648/1996, to submit II amended the Ordinance BGBl. No. 364/2006, to the Federal Minister of agriculture and forestry, environment and water management.

Entry into force and expiry

Section 26 (1) as far as paragraph 2 not determined otherwise, 1 is this regulation with 1 January 2015 in force and 2 the VerpackVO 1996, BGBl. No. 648/1996, as amended by regulation BGBl. II Nr 364/2006, with expiry of the 31 December 2014 override.

(2) with the day following the announcement occurs

1. § 3 Z 1 and annex 2 to this regulation in force and

2. Article 2, paragraph 1 and 1a, article 7, paragraph 1 and the attachments 1a and 2 of the VerpackVO 1996, BGBl. No. 648/1996, as amended by regulation BGBl. II Nr 364/2006, override.

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