Packaging - are you covered?
All businesses that put packaged products on the market will be responsible for financing and organising the collection, sorting, and treatment of their packaging waste once producer responsibility comes into effect.
The main rule is that the producer responsibility falls to the company that first makes packaging or packaged products available on the Danish market.
If you are in doubt about whether you are covered by producer responsibility, it is Dansk Producentansvar (DPA), which as the registering authority can make the final decision.
On this page you can see a review of the Environmental Protection Agency's examples as well as other doubtful cases that VANA has worked to clarify with the authorities. Examples are continuously expanded.
A Danish established company can initially obtain producer responsibility in 4 different ways:
1. If the company produces packaging or packaged products in its own name or trademark (e.g., private label holder).
2. If the company first places generic packaging on the Danish market (e.g., packaging manufacturer).
3. If the company imports packaging or packaged products and places them on the Danish market for the first time (e.g., importers and distributors).
4. If the company offers packaging or packaged products to micro-enterprises.
A foreign company can only obtain producer responsibility in Denmark in one way:
1. If the company sells directly to a end-user in Denmark via distance contracts.
See an overview of the examples from the Environmental Protection Agency on when your company can become producer responsible and thus must register and report packaging quantities, as well as other examples of borderline cases.
Can producer responsibility be transferred?
The authorities have indicated that it is not possible to transfer producer responsibility between companies.
Although the producer responsibility itself, and thus the reporting obligation, cannot be transferred, it will according to the authorities be possible for companies to enter into private law agreements regarding the distribution of costs.
Furthermore, Dansk Producentansvar informs about various options for linking a person from another company to one's own company.
Read more about the transfer of producer responsibility
Particularly for groups, chain offices, and other business structures etc.;
Here, the authorities have confirmed in guidance that the responsibility can be placed centrally.
Particularly for EU companies:
According to Dansk Producentansvar, EU companies must use an authorised representative.
Which company has the producer responsibility for reusable packaging?
The definition of the producer (which company is included) is the same, regardless of whether it concerns one-way or reusable packaging.
Since it is not necessarily the same company that puts reusable packaging on the market and at the same time is responsible for take-back, and thus the recycling of the packaging in a reuse loop, such as for euro pallets and IBC tanks, there has been a need for examples and detailed guidance from the authorities. The Danish Environmental Protection Agency has now provided guidance on reusable packaging, including examples of the allocation of responsibility, which you can read more about here (Danish).
You can also read more about responsibility allocation for packaging (login required)
Producer definition in the statutory order on packaging
Producer: Any manufacturer, importer or distributor, regardless of the sales method used, including by means of distance contracts:
a) is established in Denmark and first makes available transport packaging, reusable packaging, primary production packaging or service packaging on the Danish market.
b) is established in Denmark and first makes available packaged product or packaging not mentioned in letter a, on the Danish market.
c) is established in another EU member state or in a third country and via distance contracts first makes available transport packaging, reusable packaging, primary production packaging, service packaging or packaged product directly to end users on the Danish market.