With Law No. 807 of June 9, 2020, amending the Environmental Protection Act, extended producer responsibility for packaging will come into effect in Denmark on January 1, 2025. Unlike all other EU countries, EPR participation in Denmark was previously levied exclusively through a tax and only for companies based in Denmark. This is about to change.
Who bears producer responsibility in Denmark?
According to the draft of the first part of the Packaging Regulation, a registration and reporting obligation for companies is defined as follows:
Manufacturer: Any natural or legal person, regardless of the method of sale, including distance selling, who:
a) is established in Denmark and fills or has filled packaging in Denmark and markets these filled packages under their own name or brand, excluding subparagraphs d and e.
b) is established in Denmark and fills or has filled packaging in Denmark and distributes these filled packages and does not fall under subparagraph a, excluding subparagraphs d and e.
c) is established in Denmark and imports and distributes filled packages.
d) is established in Denmark and imports or manufactures service packaging or reusable packaging and distributes them.
e) is established in Denmark and imports or manufactures single-use plastic beverage containers and cups and markets them, which are not designed or intended to be filled at the point of sale.
or
f) is established in another EU Member State or a third country and sells packaging or filled packaging for commercial purposes by means of distance selling.
EPR Denmark: A Preview
In Denmark, producer responsibility for packaging is expected to come into force no later than January 1, 2025. Although a law has been passed and approved, the final executive order is still pending, which will specify the detailed regulations regarding registration and reporting obligations of companies, financial responsibilities, and the division of roles among the parties involved. The executive order, expected to be issued in several stages, is planned to be published gradually from spring 2023 until early 2025.
Conclusion
Denmark is set to introduce comprehensive producer responsibility for packaging for the first time, expected to take effect by January 1, 2025. The anticipated registration requirement is expected to be implemented from April 1, 2024. This initiative aims to reduce packaging consumption by promoting the collection, recycling, and reuse of various packaging materials. This responsibility covers all types of packaging, regardless of material, shape, or purpose.
As part of this extended producer responsibility, environmental objectives regarding the collection and recycling of packaging materials have been strengthened, emphasizing the collective commitment to a more sustainable and environmentally responsible approach to packaging.
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