Is your company covered?
All companies that put packaged products on the market will be responsible for financing and organising the collection, sorting, and treatment of their packaging waste from the producer responsibility comes into force. Covered companies must already register and report expected quantities of packaging now or 31st August 2024 at the latest.
The principal rule is that the producer responsibility accrues to the company that first makes packaging or packaged product available on the Danish market.
Here you can see, when your company may become responsible and thus must register and report packaging quantities. The following is based on the Danish Environmental Protection Agency's examples, which can be seen here: Packaging - Danish Environmental Protection Agency (mst.dk)
If there is any doubt as to whether a company is covered, it is the Dansk Producentansvar (DPA) that, as the registration authority, can make the final decision on the producer responsibility.
NOTE: Changed understanding of responsibility for generic sales and grouped packaging
Until now, the Danish Environmental Protection Agency's understanding has been that the company creating the packaged product is responsible when it comes to generic sales and grouped packaging. The Danish Environmental Protection Agency informed mid-July 2024 that they have come to a new understanding. This means that the company, which first makes the empty (=not packaged) generic sales and grouped packaging available, is responsible.
Companies established in Denmark
Definition of micro-enterprise: Enterprises with less than 10 employees and an annual turnover of less than DKK 15 million.
As a micro-enterprise, you can only get the producer responsibility for packaging or prefilled packaging that you import to the Danish market. If you buy packaging in Denmark, it is your supplier who is responsible - even if the packaging is produced under your name or trademark.
If you buy packaging in Denmark
Your supplier has the producer responsibility even if the packaging is produced under your name or trademark.
This applies regardless of whether it is sales (primary), grouped (secondary), transport (tertiary), service, or primary production or recycled packaging.
The Danish Environmental Protection Agency's example:
The Danish factory will be responsible for the service packaging when sold to the butcher shop (micro-enterprise) even if the packaging is produced under the butcher's brand.
The Danish factory will not be responsible for sales to the Delicatessen supermarket, since it is not a micro-enterprise and produces packaging under its own brand.
If you as a microenterprise import packaging or prefilled packaging
You have the producer responsibility.
The Danish Environmental Protection Agency's example: Micro-enterprises are given responsibility for the sales packaging (grey gift box).
Do you manufacture generic packaging or recyclable packaging without or with your own name or trademark?
You have the producer responsibility as a manufacturer according to the executive order.
The Danish Environmental Protection Agency's example: A Danish factory (packaging manufacturer) will be responsible for the generic service packaging.
Do you manufacture packaging or reusable packaging under the name or trademark of another company established in Denmark?
The other company has the producer responsibility as a manufacturer according to the executive order (unless it is a micro-enterprise - see below for sales to micro-enterprises).
The Danish Environmental Protection Agency's example: Danish factory (product manufacturer of hair dryers) is responsible for the transport packaging (the brown box), as it is produced under their brand, Blæs.
If you sell packaging to a micro-enterprise in Denmark
As a supplier, you have the producer responsibility. This applies regardless of whether it is sales (primary), grouped (secondary), transport (tertiary), service, or primary production or recycling packaging.
The Danish Environmental Protection Agency's example: The supplier is given responsibility for the sales packaging (gift box) as manufacturer according to the executive order.
Do you manufacture packaged products under your own name or trademark?
You have the producer responsibility as a manufacturer according to the executive order.
The Danish Environmental Protection Agency's example: The dairy is responsible since they produce filled packaging (milk) under their own name or trademark.
Do you manufacture packaged products on behalf of others under their name or trademark?
They have the producer responsibility as a manufacturer according to the executive order.
The Danish Environmental Protection Agency's example: Retail/company is responsible since they have refilled packaging (milk) produced under their name or trademark.
Do you have transport (tertiary), service, primary production or recyclable packaging manufactured under its own name or trademark?
You have the producer responsibility as a manufacturer according to the executive order (unless you are a micro-enterprise - see above "You are a micro-enterprise").
The Danish Environmental Protection Agency's example: Delicatessen supermarket is responsible for the service packaging (the white bag with the blue logo), since it is produced under their brand, Big Cow.
Do you have refilled packaging manufactured under your own name or trademark?
You have the producer responsibility as a manufacturer according to the executive order.
The Danish Environmental Protection Agency's example: Retail/company is responsible snce they have refilled packaging (milk) produced under their name or trademark.
Do you import packaging or prefilled packaging with a foreign company's name or trademark (e.g. agency or distributor)?
You have the producer responsibility as an importer or distributor according to the executive order.
The Danish Environmental Protection Agency's example: The hair salon has the producer responsibility, since they import refilled packaging produced with another company's name or trademark which is not established in Denmark.
Will you be the end-user of packaging or refilled packaging?
Your foreign supplier has the producer responsibility (by means of distance contracts directly to the end-user).
The Danish Environmental Protection Agency's example: The German factory has the producer responsibility for the transport packaging (the brown cardboard box), since the hair salon turns it into waste.
Do you import packaging or prefilled packaging on behalf of another company in their name or trademark established in Denmark?
They have the producer responsibility as a manufacturer according to the executive order.
The example of the Danish Environmental Protection Agency:The Danish retailer imports refilled packaging (shampoo) under its own name or trademark.
More information about the manufacturer definition
The manufacturer, importer or distributor who first makes packaging or refilled packaging available is the manufacturer, which means that:
- Anyone who manufactures or has transport, recycling, primary production or service packaging or packaged products manufactured in their own name or trademark has the producer responsibility. This means, for example, that if you manufacture or import transport packaging which is resold to companies that use it, you are responsible, unless you have manufactured the packaging in their name.
- Suppliers who offer transport, recycling, primary production, service, sales or grouped packaging to micro-enterprises (even if they are manufactured in the name of the micro-enterprise) have the producer responsibility. This means, for example, that if you manufacture service packaging for a micro-enterprise, you have the producer responsibility, even if you have manufactured the packaging in the name of the microenterprise.
- Companies established outside Denmark are granted the producer responsibility if they make packaging or packaged products available by means of distance contracts directly to end-users. This means, for example, that your foreign suppliers may be responsible for e.g. transport packaging if you repackage products and turn the transport packaging into waste.
Producer definition in executive order on registration and reporting of packaging
Manufacturer: Any manufacturer, importer or distributor who, irrespective of the selling method used, including by means of distance contracts:
(a) is established in Denmark and makes transport packaging, reusable packaging, primary production packaging or service packaging available for the first time on the Danish market.
(b) is established in Denmark and makes filled packaging or packaging not referred to Article 1(a) available on the Danish market for the first time.
(c) is established in another EU Member State or in a third country and makes transport packaging, reusable packaging, primary production packaging, service packaging or filled packaging available directly to end-users on the Danish market for the first time by means of distance contracts.