As one of the few countries in Europe, Denmark has so far not adopted extended producer responsibility for packaging. The municipalities regulate the collection and handling of household packaging. Commercial packaging waste is to be disposed of by tradesmen via waste management companies. 

Following the amendment of the Packaging Directive 94/62/EC within the framework of the EU Waste Package 2018 by Directive 2018/852/EU, Denmark considers itself obliged to introduce extended producer responsibility for packaging as well. To this end, a draft law has now been presented to amend the environmental law. This draft law essentially provides for the authorization of the Minister of the Environment to issue corresponding implementing regulations.

The following actors are to be covered by the extended producer responsibility in Denmark:

– Product manufacturers who either manufacture, packaging and market their packaged product in Denmark or only packaging and market it.

– Importers

– Distance seller

In detail, the following regulations are planned, among others:

– The actors are to ensure the return and separate treatment of household packaging and commercial packaging at their own expense.

– The granting of exemption or quantity thresholds.

– The explicit legal regulation on the possible transfer of obligations by manufacturers and importers for their distributors established in Denmark.

– Information obligations for producers and importers regarding recycling and waste treatment to be supplied to waste treatment companies.

– Financial incentives for manufacturers and importers, as provided for in Directive 2018/852 implementing the waste hierarchy.

The Environmental Act is also to be amended to allow the appointment of an Authorized Representative (AR) for foreign companies for all three product areas WEEE, batteries and packaging.

The law is scheduled to come into force on 31.12.2024.

1cc will be pleased to support you in meeting your producer obligations.