All companies that put a packaged product on the market will be responsible for financing and organising the collection, sorting, and treatment of their packaging waste. It is estimated that this corresponds to approximately 41,000 companies in Denmark.
The general rule is that the producer responsibility belongs to the company, who first markets packagaging and a packaged product on the market and who has the greatest influence on the design of the packaging.
If there is doubt as to whether your company is covered or not, DPA - Danish Producer Responsibility is the national EPR, who is authorised to decide whether your business is covered by producer responsibility.
The illustration shows the producer definition in the draft of the executive order, which defines when one becomes covered by the producer responsibility. The executive order is under consultation until 31 January 2024 and is expected to come into force on 1 April 2024. Read more here.
Producer definitions in the draft executive order
Manufacturer: Any manufacturer, importer, or distributor, who, irrespective of the sales method used, including distance sales:
(a) is established in Denmark and makes filled packaging available for the first time on the Danish market
(b) is established in Denmark and makes service packaging available for the first time on the Danish market
(c) is established in Denmark and makes reusable packaging available for the first time on the Danish market
(d) is established in another EU member state or in a third country and makes packaging or filled packaging directly available to end-users in Denmark for the first time via distance selling.
Please, note that even if you are not producer responsible for a product in primary packaging, you may well be responsible for putting secondary and tertiary packaging on the market, see the Danish Environmental Protection Agency's examples below.
Below we have reproduced the Environmental Protection Agency's preliminary examples, which can be used until their guidelines are ready (available after issuance in March):
- Packaging filled in Denmark and sold in Denmark: Dansk dairy fills milk cartons in its own name and packs them in a transport cardboard box, which is sold to a Danish retail company, which resells to end users.
- The Danish dairy is responsible for the milk carton (filled packaging)
- The Danish dairy is responsible for the cardboard box (filled packaging)
- Private label: Dansk dairy fills milk cartons on behalf of the Danish retail company in its name, which is sold on to end users. The milk cartons are packed in a cardboard box, which the Danish retailer unpacks.
- The Danish retailer is responsible for the milk carton (filled with packaging in its own name)
- The Danish dairy is responsible for the transport cardboard box (filled packaging)
- Product from abroad, sold directly to end user in Denmark via distance selling: Foreign company sells a dress packed in a plastic packaging, packed in a transport cardboard box via web shop directly to Danish end user (business/household)
- The foreign company is responsible for both the plastic packaging and the transport cardboard box (Filled packaging directly to end users)
- Import and distribution via importer: Import of chopsticks from China packed in paper wraps and plastic, which are sent in a transport cardboard box on a pallet with film to the Danish importer/distributor. The Danish importer/distributor unpacks the chopsticks incl. paper wraps and plastic and places them in new blue boxes on a new pallet with new film, which is sent to Danish retailers
- The foreign company is responsible for the first transport cardboard box, pallet, and film (filled packaging, direct to end users)
- The Danish importer/distributor is responsible for the paper wrap of the chopsticks and plastic as well as for the new blue boxes, new pallet, and new film (filled packaging)
- Service packaging (disposable): Café that fills coffee on site in standard disposable service packaging produced by a Danish packaging factory (in charge of the design) and sent in transport cardboard boxes.
- The Danish packaging factory is responsible for the cup (responsible for the design of service packaging)
- The Danish packaging factory is responsible for the transport cardboard box (filled packaging).
Definition of "making available" in the draft executive order
Delivery of packaging or filled packaging for distribution, consumption or use on the Danish market as part of a commercial activity, whether it is done for or without consideration.
Triviality limit of 8 tonnes of packaging per year
The producer responsibility includes a triviality limit of 8 tonnes of packaging per year. This does NOT mean that you are exempted from the producer responsibility scheme, but companies that place less than 8 tonnes of packaging on the market annually will have to report less information on their packaging and will be subject to fewer administrative fees.