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Draft

Ordinance of the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology amending the Packaging Ordinance 2014 (Verpackungsverordnungs-Novelle 2021)

By virtue of §§ 12b(1) and (6), 13, 13a, 13b, 14, 19, 23(1) and (3), 28a and 36 of the Waste Management Act 2002 (AWG 2002), Federal Law Gazette (BGBl.) I No 102/2002, as last amended by the Federal Act promulgated in BGBl. I No xxx/2021, the following is decreed in agreement with the Federal Minister for Digital and Economic Affairs:
Federal Law Gazette (BGBl.) II – Issued on 29 December 2021 – No 597 2 of

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FEDERAL LAW GAZETTE

OF THE REPUBLIC OF AUSTRIA

Year 2021 Issued on 29 December 2021 Part II

597th Ordinance: New Packaging Ordinance 2021

[CELEX No: 32018L0851, 32018L0852, 32019L0904]

597th Ordinance of the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology amending the Packaging Ordinance 2014 (Verpackungsverordnungs-Novelle 2021)

By virtue of §§ 12b(1) and (6), 13, 13a, 13b, 14, 19, 23(1) and (3), 28a and 36 of the Waste Management Act 2002 (AWG 2002), Federal Law Gazette (BGBl.) I No 102/2002, as last amended by the Federal Act promulgated in BGBl. I No 200/2021, the following is decreed in agreement with the Federal Minister for Digital and Economic Affairs:

The Packaging Ordinance 2014, BGBl. II No 184/2014, is amended as follows:

1. In § 1, the full stop in subparagraph 2 is replaced by an ‘and’ and subparagraphs 3 and 4 are added as follows:
1. In § 1, the word “and” at the end of subparagraph 1 and the full stop at the end of subparagraph 2 are replaced by a comma, and the following points 3 and 4 are added:

‘3. to take measures, in line with the waste hierarchy, to encourage the increase in the share of reusable packaging placed on the market and of systems to reuse packaging in an environmentally sound manner, without compromising food hygiene or safety of consumers, and


‘3. This Ordinance shall apply to the following products placed on the market in Austria:

1. Single-use tableware and cutlery,

2. Single-use plastic products listed in Annex 6, and

3. Fishing gear as defined in § 3 subparagraph 27.’
1. Single-use tableware and cutlery,

2. Single-use plastic products listed in Annex 6, and

3. Fishing gear as defined in § 3 subparagraph 27.’

3. § 3 subparagraphs 4 to 6 shall read:

‘4. ‘sales packaging or primary packaging’ means packaging conceived so as to constitute a sales unit to the end consumer.

5. ‘grouped packaging or secondary packaging’, except where covered by subparagraphs 4 or 6, means packaging conceived so as to constitute a grouping of a certain number of sales units sold together to the end consumer or only as a means for replenishing sales shelves; this packaging can be removed from the product without affecting its characteristics.
5. ‘Grouped packaging or secondary packaging’, except where covered by subparagraphs 4 or 6, means packaging:

a) conceived so as to constitute a grouping of a certain number of sales units sold together to the end consumer or only as a means for replenishing sales shelves and

b) which can be removed from the product without affecting its characteristics.

6. ‘transport packaging or tertiary packaging’ means packaging conceived so as to facilitate the handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage. Transport packaging does not include road, rail, ship and air containers.’

4. § 3 subparagraph 8 shall read:
4. § 3 subparagraphs 8 and 9 shall read:

‘8. ‘packaging materials’ means the following materials from which packaging or packaging aids or pallets are produced:


i) ceramics.’

5. § 3 subparagraph 9 shall read:

‘9. ‘reusable packaging’ means packaging which has been conceived and designed and placed on the market to accomplish within its lifecycle multiple trips or rotations by being returned to a producer, in particular to a packer in accordance with § 13g(1) subparagraph 2 AWG 2002, and refilled or reused for the same purpose for which it was conceived.’

6. In § 3 subparagraph 13 point a, after the words ‘of packaged products or goods’ and in § 3 subparagraph 13 point b, after the words ‘products or goods in packaging’, the words ‘or of single-use plastic products listed in Annex 6’ are inserted in each case.

7. In § 3, subparagraphs 25 and 26 are replaced by the following subparagraphs 25 to 30:
9. ‘reusable packaging’ means packaging which has been conceived and designed and placed on the market to accomplish within its lifecycle multiple trips or rotations by being returned to a producer, in particular to a packer in accordance with § 13g(1) subparagraph 2 AWG 2002, and refilled or reused for the same purpose for which it was conceived.’

5. In § 3 subparagraph 13 point a, after the words ‘of packaged products or goods’ and in § 3 subparagraph 13 point b, after the words ‘products or goods in packaging’, the words ‘or of single-use plastic products listed in Annex 6’ are inserted in each case.

6. In § 3, subparagraphs 25 and 26 are replaced by the following subparagraphs 25 to 30:

‘25. ‘composite beverage carton’ means closed composite packaging as defined in subparagraph 26 for liquid or pasty food or beverages, the base material being paper, cardboard or paperboard. A cap is regarded as part of the composite beverage carton.


30. ‘tobacco products’ means tobacco products as defined in § 1 subparagraph 1 of the Tobacco and Non-Smoker Protection Act, BGBl. No 435/1995 as amended by the Federal Act promulgated in BGBl. I No 66/2019.’

8. The heading for § 4 shall read:
7. The heading for § 4 shall read:

‘Requirements concerning packaging and prevention of packaging waste’

9. Paragraphs (4) to (9) are added to § 4 as follows:

‘(4) Primary obligated entities for packaged products pursuant to § 13g AWG 2002 shall ensure that the packaging volume and weight of the respective packaging are limited to the minimum required to maintain the necessary safety and hygiene of the packaged product and to avoid food waste.

(5) Primary obligated entities pursuant to § 13g AWG 2002 may, from 1 January 2030 onwards, only place plastic packaging on the market which can either be reused or recycled.

(6) Primary obligated entities pursuant to § 13g AWG 2002 may, from 3 July 2024, only place single-use plastic beverage containers listed in Annex 6 point 1 on the market if their caps and lids remain attached to the containers during the product’s intended use stage.

(7) Primary obligated entities pursuant to § 13g AWG 2002 shall ensure that the following percentages of waste from single-use plastic beverage bottles listed in Annex 6 point 3 is collected separately:

1. at least 77 % from calendar year 2025, and

2. at least 90 % from calendar year 2029.

The reference basis shall be the single-use plastic beverage bottles listed in Annex 6 point 3 placed on the market in the respective calendar year. From calendar year 2023 onwards, the mass of the separately collected single-use plastic beverage bottles shall be reported to the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology using the register referred to in § 22 AWG 2002. Primary obligated entities may engage a third party to fulfil these obligations.

(8) Primary obligated entities pursuant to § 13g AWG 2002 shall ensure that all beverage bottles listed in Annex 6 point 3 that they place on the market in Austria, which consist mainly of polyethylene terephthalate (‘PET bottles’), consist on average of at least 25 % recycled plastic from 2025 onwards. The reference basis shall be the PET bottles listed in Annex 6 point 3 placed on the market in the respective calendar year.

(9) Primary obligated entities pursuant to § 13g AWG 2002 shall ensure that all single-use plastic beverage bottles listed in Annex 6 point 3 that they place on the market in Austria, consist on average of at least 30 % recycled plastic from 2030 onwards. The reference basis shall be the single-use plastic beverage bottles listed in Annex 6 point 3 placed on the market in the respective calendar year.

10. § 5 shall read:
8. Paragraphs (4) to (8) are added to § 4 as follows:

‘(4) Primary obligated entities in accordance with § 13g AWG 2002 of packaged products shall ensure that packaging is manufactured and placed on the market in such a way as to meet the requirements for manufacture and composition, reusability and recoverability set out in Annex 1.

(5) Primary obligated entities pursuant to § 13g AWG 2002 may, from 1 January 2030 onwards, only place plastic packaging on the market which can either be reused or recycled.

(6) Primary obligated entities pursuant to § 13g AWG 2002 may, from 3 July 2024, only place single-use plastic beverage containers listed in Annex 6 point 1 on the market if their plastic caps and lids remain attached to the containers during the product’s intended use stage. For this purpose, closures and lids with plastic seals shall not be considered as articles made of plastic.

(7) Primary obligated entities pursuant to § 13g AWG 2002 shall ensure that all beverage bottles listed in Annex 6 point 3 that they place on the market in Austria, which consist mainly of polyethylene terephthalate (‘PET bottles’), consist on average of at least 25% recycled plastic from 2025 onwards. The reference basis shall be the PET bottles listed in Annex 6 point 3 placed on the market in the respective calendar year.

(8) Primary obligated entities pursuant to § 13g AWG 2002 shall ensure that all single-use plastic beverage bottles listed in Annex 6 point 3 that they place on the market in Austria, consist on average of at

least 30 % recycled plastic from 2030 onwards. The reference basis shall be the single-use plastic beverage bottles listed in Annex 6 point 3 placed on the market in the respective calendar year.

9. § 5 shall read:

‘§ 5. (1) At least the following total shares of the mass of each packaging material placed on the market in Austria shall be recycled in each calendar year:


5. Wood 15 %

(1a) At the latest from calendar year 2025 onwards, at least 65 % by weight of all packaging waste generated in Austria shall be recycled in each calendar year. At least the following shares shall be achieved:
(2) At the latest from calendar year 2025 onwards, at least 65 % by weight of all packaging waste generated in Austria shall be recycled in each calendar year. At least the following shares shall be achieved:

1. Paper, cardboard, paperboard and corrugated cardboard 75%


6. Wood 25 %

(1b) At the latest from calendar year 2030 onwards, at least 70 % by weight of all packaging waste generated in Austria shall be recycled in each calendar year. At least the following shares shall be achieved:
(3) At the latest from calendar year 2030 onwards, at least 70 % by weight of all packaging waste generated in Austria shall be recycled in each calendar year. At least the following shares shall be achieved:

1. Paper, cardboard, paperboard and corrugated cardboard 85 %


6. Wood 30 %

(2) The targets set out in paragraphs (1a) and (1b) for a given year can be achieved to an adjusted extent by taking into account the average share of reusable sales packaging placed on the market for the first time, which has been reused in the previous three years as part of a system for reusing packaging. To calculate the adjusted extent, the following shall be deducted:

1. from the total targets set out in paragraphs (1a) and (1b), the share of reusable sales packaging in the respective calendar year of all sales packaging placed on the market in that calendar year, and

2. from the targets set out in paragraphs (1a) and (1b) subparagraphs 1 to 6 for individual packaging materials, the share of reusable sales packaging in the respective calendar year of all sales packaging of that calendar year placed on the market made up of the respective packaging material.
(4) The targets set out in paragraphs (2) and (3) for a given year can be achieved to an adjusted extent by taking into account the average share of reusable sales packaging placed on the market for the first time, which has been reused in the previous three years as part of a system for reusing packaging. To calculate the adjusted extent, the following shall be deducted:

1. from the total targets set out in paragraphs (2) and (3), the share of reusable sales packaging placed on the market for the first time in the respective calendar year of all sales packaging in that calendar year, and

2. from the targets set out in paragraphs (2) and (3) subparagraphs 1 to 6 for individual packaging materials, the share of reusable sales packaging placed on the market for the first time in the respective calendar year of all sales packaging of that calendar year placed on the market made up of the respective packaging material.

When calculating the adjusted extent referred to in subparagraphs 1 and 2, no more than five per cent of such a share may be taken into account.

(3) The mass of packaging made of wood, which is repaired and subsequently reused, can be included in the quotas referred to in § 5(1a) and (1b).

(4) The minimum quotas set in paragraphs (1) to (1b) are to be calculated taking into account Decision 2005/270/EC establishing the formats relating to the database system pursuant to Directive 94/62/EC on packaging and packaging waste, OJ L 86, 5.4.2005, p. 6, as amended by Implementing Decision (EU) 2019/665 amending Decision 2005/270/EC, OJ L 112, 26.4.2019, p. 26.’

11. § 6, including its heading, shall read:
(5) The mass of packaging made of wood, which is repaired and subsequently reused, can be included in the quotas referred to in § 5(2) and (3).

(6) The minimum quotas set in paragraphs (1) to (3) are to be calculated taking into account Decision 2005/270/EC establishing the formats relating to the database system pursuant to Directive 94/62/EC on packaging and packaging waste, OJ L 86, 5.4.2005, p. 6, as amended by Implementing Decision (EU) 2019/665 amending Decision 2005/270/EC, OJ L 112, 26.4.2019, p. 26.

(7) Packaging waste exported to countries outside the European Union may only be taken into account in the calculation of the shares specified in Sections 1-3, if

1. the obliged entity demonstrates that recovery, in particular recycling, has taken place under conditions substantially equivalent to those provided for in the relevant EU legislation; and

2. the export is duly carried out in accordance with the rules on the shipment of waste under Union law.’

10. § 6, including its heading, shall read:

‘Reusable packaging


(2) Reusable packaging can be labelled as being reusable to distinguish it from single-use packaging.

(3) Primary obligated entities pursuant to § 13g AWG 2002, who only place reusable packaging within the meaning of paragraph (1) on the market, shall keep records of the data referred to in Annex 3 point 4 and notify this electronically to the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology by means of the register referred to in § 22 AWG 2002 no later than three months after the end of each calendar year for the preceding calendar year.’
(3) Primary obligated entities pursuant to § 13g AWG 2002, who only place reusable packaging within the meaning of paragraph (1) on the market, shall keep records of the data referred to in Annex 3 point 4 and notify this electronically to the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology, by means of the register referred to in § 22 AWG 2002 no later than three months after the end of each calendar year for the preceding calendar year. This notification must be made for the first time for the calendar year 2022.

11. After § 6, § 6a including the heading, is inserted as follows:

‘Disposable beverage packaging on deposit

§ 6a. The obligations laid down in Sections 8, 16b, 17, 20, 21, 21a, and 22 shall not apply to disposable beverage packaging on deposit made of plastic or metal in accordance with an ordinance pursuant to Section 14c of the AWG 2002.’

12. In § 7, the expression ‘to § 10(2), (5) and (7)’ is replaced by the expression ‘, to § 10’.


6. the mass of reusable sales packaging per tariff category as set out in point 1 of Annex 5 (mass of reusable sales packaging used in the calendar year per tariff category multiplied by cycles in the calendar year), and

7. the mass of non-licensed reusable packaging (§ 6(1)) generated as waste in their company per packaging material and composite packaging, the mass transferred to the respective recovery

operator per packaging material, the name and address of the recovery plants and the respective type of recovery (recycling, thermal recovery or other recovery) and the respective recovered mass of packaging per packaging material taking into account the calculation method referred to in § 5(4).