The definition of ‘Producer’ will be finally determined with the first part of the local legislation. The producer is not the company that produces the packaging, but the company that uses the packaging. The responsibility lies with the company that brings packaging to the Danish market if it is:
• Producer (‘filler’) who brings packaging to the Danish market
• Danish importer of packaged goods (first level distribution chain)
• Wholesaler or re-packager
• Foreign e-commerce store that sells directly to Danish consumers (requires authorized representative)

Approx. 41,000 companies are estimated to be covered by producer responsibility and have an obligation to register and report. Authorities are working with a threshold of 8 tons/year of packaging per year. Below this threshold, Producers can choose to report less detailed.

Sales packaging and transport packaging are covered:
• Primary (sales packaging, following the unit)
• Secondary (multi pack)
• Tertiary (transport packaging as pallets, strips etc)

Material fractions that are covered are:
• Cardboard
• Paper
• Plastic (will be sub-divided into 4 categories)
• Glass
• Aluminum
• Metal
• Wood
• Food and beverage cartons

Yes, producer responsibility covers household packaging as well as commercial packaging. Both types must be reported.

Household packaging:
• The packaging ending up in consumers waste bins
• Collected at households (expensive)
• Waste packaging collected at recycling sites (genbrugspladser) is expected to become part of the scope later (cardboards in step one)

Commercial packaging:
• Packaging not reaching consumers and their waste bins
• Typically packaging from incoming goods

Before 31st. August 2024 Companies are obliged to:

• Register at DPA .
• Report information about specific packagings and expected volumes (weight) to be made available in 2024 (It includes packaging materials, type and fraction, chemistry, size, weight etc. Have an overview of what must be reported in the following FAQ).
• Choose collective scheme.
As a collective scheme, ERP helps with these tasks.

A distinction is made between total quantity in kg.

Material/Fraction:

Household vol. in kg

Comm. Packaging in kg

Cardboard

Paper

Metal

Aluminium

Glass

Plastic*

Food and beverage cartons

Wood

*) Plastic fractions sub-divided into 4 categories)

 

As the legislation is not in place, no final structure and size of the costs the company faces have been determined. With our knowledge from other producer responsibilities, we currently expect a threefold division:
• General administrative fee.
• Graduated environmental contribution fee based on an average (dkk pr. ton pr. type of packaging). Will be graduated up/down depending on the ‘environmental correctness’ of the packaging
• Annual membership fee for the Collective Scheme (for legal, administrative and practical work)

This kind of contribution fee is introduced to force companies to think circular in their packaging design. The fee will be calculated in dkk pr. ton pr. type of packaging. Depending on the recyclability of the packaging it will be categorised in eg. High/Medium/Low. It can be transferred to ‘Low’ contribution if it is following a range of not yet decided criteria. Examples:
• Less packaging volume
• The packaging materials are separate or easy to disassemble in various fractions
• Use of pure and environmentally friendly materials
• Use of recycled materials
• No use of hazardous chemistry (eg. mineral based printing)
Structure and size of this fee is still under preparation.

Yes, foreign suppliers of packaged goods sold to Danish importers/distributors are obligated for the packaging which becomes waste at the Danish Importers/Distributors premises. These suppliers are obliged to register and report. Typically transport packaging. It is typically the transport packaging or parts thereof that become packaging waste and are not sent on to the market by the Danish importer/distributor
If the foreign have no legal entity/VAT no in Denmark, an authorised representative is a requirement by law. This service is also offered by ERP Denmark.

When you have chosen a collective scheme per 31 August 2024, costs for collection and treatment of the packaging waste will be charged to the selected collective scheme in the first allocation period. Allocation and allocation period is determined by the authorities and is expected to run from 1 July 2025 to 31 August 2026 first time.
The financial obligation with European Recycling Platform runs until the end of the first allocation period, so that income and expenses are in the same collective scheme.