FAQ
You can explore our FAQs for further clarification. Should you need any more assistance or have additional questions, our dedicated support team is readily available to help you.
Should you require any more assistance or have additional questions, our dedicated support team is readily available to help you.
EPR PACKAGING
EPR refers to a policy approach that places the responsibility for managing the environmental impacts of a product throughout its lifecycle on the producers. When it comes to EPR for packaging, the concept is to shift the burden of managing packaging waste to the companies that produce or sell packaged products. EPR programs typically require producers to take responsibility for the collection, recycling, or proper disposal of their packaging materials after they have been used by consumers. The specific requirements and mechanisms of EPR programs for packaging can vary depending on the country or region.
All EU member states have implemented EPR policies for packaging in accordance with the EU Packaging and Packaging Waste Directive (94/62/EC) and its subsequent revisions. However, it’s important to note that the specific details and implementation of EPR programs can vary among member states, therefore it is recommended to examine each country and its specific laws carefully in order not to risk non-compliance.
Your obligation to participate in an EPR system for packaging would depend on the specific regulations and policies in your country or region. EPR programs are typically implemented at the national or regional level and may vary in their scope and requirements. In many jurisdictions, EPR for packaging is mandatory for producers who introduce packaged products into the market. Hereby, the definition of a producer may include manufacturer, importer or distributor, who, irrespective of the selling technique used, makes available packaging for the first time within a territory of an EU member States on a professional basis under its own name or trademark.
If you are unsure whether EPR compliance applies to you, we recommend that you get a brief consultation, as an EPR compliance check for your sales and distribution chain. Please be aware that this service may cause extra charges.
If you fall under EPR compliance obligations, you would likely have obligations under the EPR program. These obligations can include:
Registration: Request for registration in the central producer register of each country where you sell your product in order to be allowed to place your products onto the market.
System Participation: Become a member of a Producer Responsibility Organization (PRO) within all countries where you sell your products.
Financing: Contribute financially to the system according to the packaging volumes and licence the packaging volumes with the PROs of each country.
Reporting: Submit detailed reports on the types, quantities, and materials used in your packaging, as well as your efforts in waste prevention and recycling.
Packaging Conformity: Make sure that packaging meets the minimum requirements to be sold on the European market.
Having an Authorized Representative in a Member State where the producer makes packaging available on the market for the first time, other than the Member State where the producer is established. More information on the Authorized Representative can be found in the following FAQs.
Under EPR requirements, the producers can fulfil their obligation either by themselves or through a collective responsibility scheme. For the former, the producer is taking individual responsibility by acting directly with waste management actors to ensure the amount of waste brought onto the market is probably collected and recycled. For the latter, producers pursue a collective responsibility by working together to manage the amount of waste generated jointly. On this occasion, a third body within the EPR system, also called Producer Responsibility Organisation (PRO), assumes responsibility for fulfilling the waste management obligations of producers and, in return, is funded by the producers through a fee. The collective system manages the responsibilities and obligations related to the collection, recycling, and proper disposal of waste generated by producers.
The participation fee is a financial contribution that producers pay to the collective system as part of their extended producer responsibility (EPR) obligations. This fee is intended to cover the costs associated with the collection, recycling, and proper disposal of the waste generated by their products.
The amount of the participation fee is usually determined based on various factors, including the type and quantity of products placed on the market by the producer, the materials used in the products, and the environmental impact of the products throughout their lifecycle. These factors help estimate the costs of managing the waste generated by the products.
The participation fee is typically collected by the collective organization, often a producer responsibility organization (PRO). The funds collected through these fees are then used to finance the infrastructure and operations required for waste collection, sorting, recycling, and disposal.
It’s important to note that the specific regulations and fee structures can vary between different countries and regions implementing EPR systems.
If you, as a producer, fail to meet EPR compliance requirements, the consequences can vary depending on the specific regulations and enforcement mechanisms in place. Here are some potential outcomes:
Penalties and Fines: Non-compliance with EPR obligations may result in financial penalties and fines imposed by the regulatory authority. The amount of the penalties depends on local authorities.
Legal Action: In some cases, persistent non-compliance with EPR requirements can lead to legal action, including lawsuits or legal proceedings initiated by regulatory authorities or other stakeholders affected by the non-compliance.
Loss of Market Access: Failure to meet EPR obligations may result in restrictions or limitations on market access. Regulatory authorities may impose sanctions such as suspending or revoking licenses or certifications necessary to operate in the market.
Reputational Damage: Non-compliance with EPR can have negative consequences for a company’s reputation. It can lead to public scrutiny, consumer backlash, and damage to the brand image, potentially affecting customer trust and loyalty.
Corrective Actions: Regulatory authorities may require non-compliant producers to take specific corrective actions to address their non-compliance. This could involve implementing or improving collection systems, investing in recycling infrastructure, meeting recycling targets, or adopting sustainable packaging practices.
It’s important to note that the specific consequences for non-compliance with EPR requirements can vary significantly depending on the jurisdiction and the severity of the violation. It is advisable for producers to familiarize themselves with the relevant regulations, engage in proactive compliance measures, and seek guidance from regulatory authorities or legal experts to ensure adherence to EPR obligations.
AUTHORISED REPRESENTATIVE
The Authorised Representative is a designated legal or natural person established in an EU Member State where the producer makes packaging available for the first time, and who is appointed by a producer to fulfil their legal obligations under EPR regulations related to a certain product category under EPR, such as packaging. They act as a representative for the producer and carry out various tasks on their behalf. Some national EPR regulations in Europe stipulate already an authorised representative mandatory for foreign companies.
Companies require an Authorised Representative when they are foreign entities selling packaged goods or other products under EPR obligation in an EU member state where they do not have a registered office.
At present, some EU member state already require foreign companies to appoint an Authorised Representative to sell certain type of products to the respective country. In addition it is important to note that the current proposal of the EU packaging and packaging waste directive (status: 07/2023) will require the appointment of an Authorised Representatives for packaging and single use plastic in all EU member states, where you do not have a registered office. We strive for setting up our Authorised Representative service in all relevant markets as soon as possible.
The responsibilities of an Authorised Representative are, in most cases, the EPR responsibilities of the producer. Therefore, it can vary depending on the specific EPR regulations in a particular national jurisdiction. Some common responsibilities, which are executed on behalf of the producer, may include: submitting reports and data to regulatory authorities, concluding contracts, and coordinating with Producer Responsibility Organizations, ensuring compliance with EPR obligations, and acting as a point of contact for stakeholders and regulatory bodies.
A PoA is a legal requirement in most countries and authorises AuthoriseMe to act on your behalf and fulfill your Extended Producer Responsibility (EPR) obligations. We take care of your compliance needs by concluding contracts with authorised representatives in the relevant countries where you do business. Without the Power of Attorney, we are unable to take any action on your behalf, such as registering you with the relevant authorities.
In many countries, the law explicitly requires that the authorized representative must be appointed through a PoA. Many national legislations even require, that the PoA is notarized and, in some cases, apostilled, to be valid. Please note that this can incur additional costs. You will find more detailed information in the PoA document itself, which we will provide to you via email.
Yes and no, a producer can appoint multiple Authorised Representatives, but with certain limitations. Within a single country, such as Austria, a producer can only appoint one Authorised Representative for a specific product category like packaging. However, if the producer operates in multiple product categories within the same country, they can appoint different Authorised Representatives for each category. Additionally, since an Authorised Representative can only operate within the country of their legal office, producers will need to appoint different Authorised Representatives for different countries where their products are sold.
Example for Austria:
1. You place less than 100 kg of packaging on the market in Austria.
2. You pay a one-time fee of €195.
3. You pay an annual fee of €130 every year.
4. If you sell B2B in Austria, you pay an additional annual fee of €125
Please note that the prices increase based on the quantity of packaging placed on the market. Additionally, the pricing depends on factors such as the specific waste stream, the country, the volume, and the PRO with which you are registered.
An Authorised Representative ensures compliance by actively monitoring and interpreting the relevant EPR regulations pertaining to packaging. They assist the producer in implementing necessary measures such as registration, reporting, financial contributions, and other obligations to meet the requirements set by the regulatory authorities.
In some countries the appointment of an Authorised Representative is not obligatory. Many producers still choose this option because they want to streamline their EPR compliance efforts, particularly when operating in multiple jurisdictions with diverse regulations. By appointing a designated representative, producers can ensure the effective and efficient fulfillment of all obligations related to packaging waste management and recycling.
Yes, an Authorised Representative can play a pivotal role in assisting producers in optimizing their packaging waste management and recycling efforts. They can provide insights and recommendations on best practices, help identify opportunities for waste reduction, support the development of sustainable packaging strategies, and collaborate with relevant stakeholders to enhance the overall environmental performance of packaging. It’s important to note that while some Authorised Representatives may offer these additional consulting services, they might not be part of the general service and could incur additional charges.
Step 1: Click “get started” button. An Adobe Form will open.
Step 2: Choose the countries, where you would like to have an Authorised Representative
Step 3: Fill in your company data and essential information about your packaging based on your country selection.
Step 4: To complete the Adobe Form, make sure you fill in all the fields and digitally sign the Framework Agreement. The Framework Agreement is a formal contract. It sets out the responsibilities, obligations, and rights of both parties regarding EPR compliance. You will receive an e-mail to your mailbox.
Step 5: Verify your e-mail address (please check your spam folder, if you did not receive any e-mail). You will receive an e-mail with general Power of Attorney in the attachment.
Step 6: The Power of Attorney allows AuthoriseMe to handle all your EPR compliance matters, for example to appoint Authorised Representatives in the selected countries. This Power of Attorney needs to be notarized and needs to have an apostille. You will get an instruction via the e-mail. You will receive an invoice with the payment link.
Step 7: Please make sure to pay the invoice to AuthoriseMe within the next days.
ALL SET UP: Essential information provided, framework agreement signed, original Power of Attorney are sent via post and copy via e-mail, invoice paid.
registration-fee
- One time registration fee: This one-time fee only applies to the initial conclusion of the contract with AuthoriseMe.
- Annual handling fee: This fee is charged each year and is based on the system participation cost. Please have a further look at the FAQ “How does the pricing structure look like”.
- Annual B2B fees are charges that apply to producers selling products Business-to-Business (B2B) in Austria.
- To determine the precise amount of these fees, AuthoriseMe will request a list of your B2B clients by the end of the calendar year. This information will be used to calculate the applicable charges. These fees will then be included in the final annual invoice you receive from us for that calendar year.
- Please note, in order to start our service, we need a Power of Attorney (PoA) signed by you. In some countries, it is legally required that the PoA is notarised and potentially apostilled, which will incur additional costs.
The primary service offered by AuthoriseMe is to facilitate the conclusion of Authorised Representative contracts in the selected countries on behalf of their customers.
Once customers provide the necessary documents (available via the button “Order Authorised Representative now”) AuthoriseMe takes care of the entire process of concluding contracts with the respective Authorised Representatives in the selected countries. This saves customers from the complexity of dealing with multiple representatives in different countries themselves.
Moreover, AuthoriseMe is continuously expanding its service to include more countries. As new Authorised Representatives are appointed in additional countries, AuthoriseMe keeps its customers informed about these developments. This way, customers have the flexibility to extend their coverage to more countries through the same trusted platform.
In Spain, the NIE (Número de Identificación de Extranjero) is a unique identification number required for foreigners living in or conducting official business in the country. It’s essential for tasks like working, opening a bank account, signing contracts, paying taxes, or accessing public services. Foreigners must apply for it at an immigration office or police station.
The NIF (Número de Identificación Fiscal) is used for tax identification purposes. Spanish citizens and foreigners alike need it for paying taxes, filing tax returns, or conducting financial activities. For foreigners, the NIE number often serves as their NIF. Both numbers are crucial for engaging in legal, financial, or administrative activities in Spain.
You can apply for a NIE and NIF number here: Your NIE Number – The faster, simpler and cheaper way
No, the system participation fee is not included in the price of AuthoriseMe services. This fee is determined and charged separately by the existing PRO in the chosen country. Depending on your packaging quantities, it is mandatory to join the PRO, and they will invoice you separately for the costs associated with system participation. AuthoriseMe is committed to assisting you in selecting the appropriate PRO and facilitating the contract process.
Producers need to follow these steps to ensure compliance with SUP regulations:
- Appoint an authorized representative (e.g. AuthoriseMe).
- Register on the DIVID Portal.
- Submit an annual report on the DIVID Portal in March for the previous year.
- Pay the SUP fee to the German Ministry based on the annual report.
As the authorised representative, AuthoriseMe will initially handle the payment to the German Ministry and reinvoice the amount to clients. The SUP fee is in addition to AuthoriseMe’s annual handling fees.
You can view the products classified as Single-Use Plastics (SUP) on page 19 in the following document: EWKFondsG – Single Use Plastic
You don’t need to sign a new contract or provide a new Power of Attorney (PoA). The PoA you initially submitted is valid for all countries where you use our services.
To add the authorisation service for another country, simply create an account on Circular Pro LINK, and make a new Order from Marketplace section for AuthoriseMe services for the countries you need. You will automatically receive a new Invoice.
If you have a Circular Pro account already you can use this LINK to make new AuthoriseMe order directly.
Here you can find more information about our AuthoriseMe ‘Services’ or our partner platform ‘Circular Pro’:
Services Circular ProDo you have any specific questions for our consultants? Get in touch with us. We will gladly help you!
