Home
FAQ
Legal Questions
Who is considered a manufacturer or first distributor (Austria)?

Who is considered a manufacturer or first distributor (Austria)?

Under the Austrian Packaging Ordinance 2021 and Waste Management Act (§ 13g AWG), the term “manufacturer” or “first distributor” does not refer to the producer of the packaging material itself, but to the person or company that first places a filled or empty packaging on the Austrian market for commercial purposes.

In practice, this includes anyone who fills packaging with products or imports filled or empty packaging into Austria and sells or distributes it within the country.

This applies in particular to: Fillers and producers who place filled packaging on the market for the first time, Importers who bring packaged goods into Austria, Traders who import and resell packaging or packaged goods from abroad, Packaging manufacturers who sell empty packaging directly to end consumers.

Not affected are producers who supply only to commercial fillers or industrial users within Austria. All first distributors are legally obliged to license their packaging volumes with an approved collection and recovery system (e.g. ARA, Interseroh, Reclay) and to report their quantities annually in the Austrian register of packaging systems (Ediktsdatei).

These measures ensure transparent financing of collection and recycling. In summary: Filler → always affected Importer of packaged goods → always affected Trader of empty packaging to end users → affected Producer selling only to commercial fillers → not affected

Comparison: First Distributor in Germany and Austria

As of: 2025 | Sources: BMUV, UBA, BMK, ARA, Reclay

Case / Actor	Germany (VerpackG)	Austria (Packaging Ordinance & AWG)	Legal basis
Filler	Considered a manufacturer as they first fill and place packaging on the market.	Considered a first distributor when first placing filled packaging on the market.	DE: §3, §7 VerpackG AT: §13g AWG, §3 Packaging Ordinance
Importer of packaged goods	Considered a manufacturer if importing and selling packaged goods in Germany.	Considered a first distributor once goods are imported into Austria.	DE: §7(1) VerpackG AT: §13g AWG
Packaging producer / trader	Not affected if supplying only to commercial fillers.	Not affected if supplying exclusively to Austrian industrial fillers.	DE: §3 VerpackG AT: §3 Packaging Ordinance
Sale of empty packaging to end consumers	Affected, as such packaging typically becomes household waste.	Affected if empty packaging is supplied directly to end consumers.	DE: §3(8) VerpackG AT: §3 Packaging Ordinance
Licensing requirement	Via a dual system (e.g., Grüner Punkt, Interseroh).	Via a collection & recovery system (e.g., ARA, Reclay).	DE: §7 VerpackG AT: §13g AWG
Reporting obligation	Registration in LUCID (Central Packaging Register).	Annual quantity reporting in the register of collection systems (“Ediktsdatei”).	DE: §9 VerpackG AT: §13g AWG

Note: Both countries aim to promote the return and recycling of packaging. Differences exist in reporting procedures and responsible authorities.

Disclaimer: This overview was prepared with great care but does not claim completeness or legal validity. All information is provided without guarantee. Companies must obtain up-to-date information on their legal obligations themselves.