New Packaging Order Needs a Rethink
Good intentions are not enough if the rules do not work in practice.
This is the key message in Emballageretur's consultation response to the proposed new Packaging Order.
Just over a year after extended producer responsibility (EPR) for packaging came into force, new regulations are on the way. However, rather than addressing the challenges already facing businesses and producer responsibility organisations (PROs), the proposed changes risk creating even more administration, higher costs and continued unequal competitive conditions.
"We need an EPR system that works in practice. In our assessment, the proposed changes do not address the fundamental challenges of the current system, and we risk placing additional burdens on businesses. That is why we need more thoroughly considered, long-term solutions," says Poul Poulsen, Acting CEO of Retur, of which Emballageretur is a part.
One of the main concerns raised in Emballageretur's consultation response is the proposed benchmarking model, which is intended to set limits on the fees municipalities can charge producers.
Based on the key figures presented in the draft Order, Emballageretur has calculated that total municipal producer fees could reach as much as DKK 1.4 billion in 2027. This exceeds the previously assumed maximum level of approximately DKK 1.24 billion in 2027 prices.
At the same time, the model does not cover all municipal producer fees. Costs relating to administration, information campaigns and collection schemes based on designated drop-off points, among other things, are excluded from the fee cap.
Nor does the model resolve the unequal competitive conditions between collective schemes, whose costs will continue to depend on which municipalities they are allocated.
"It is positive that efforts are being made to limit municipal fees. But if the model neither ensures an effective cap on total costs nor creates a level playing field, we have not achieved our goal. These are the challenges we need to address," says Poul Poulsen.
According to Emballageretur, the draft Packaging Order stands in contrast to the Danish government's own ambition to simplify extended producer responsibility.
In its consultation response, the PRO refers, among other things, to a parliamentary committee hearing on 28 October 2026, during which Minister for Climate, Energy and Utilities Samira Nawa emphasised the need to simplify the rules:
"Overall, the government is working to make the green choice easier and cheaper. We need to move away from pointless administration. We need to correct the implementation. And we need to simplify the rules so that we can focus on what really matters: ensuring a green transition for our packaging," the Minister stated.
However, according to Emballageretur, several of the proposed changes risk maintaining or even increasing administrative burdens.
"We share the Minister's ambition to simplify the rules and reduce unnecessary administration. But achieving this requires us to address the fundamental challenges within the system. Otherwise, we risk creating new burdens rather than removing existing ones," says Poul Poulsen.
Emballageretur calls for the current regulations to be extended and for the implementation of the revised Packaging Order to be postponed from January to 1 July 2027.
The additional time should be used to develop more sustainable, long-term solutions based on better data, transparent costs, fewer administrative burdens and a level playing field.
At the same time, Emballageretur emphasises its willingness to contribute practical insights gained from operating producer responsibility schemes.
"We want an EPR system that both supports the green transition and works for businesses. We have many years of practical experience with producer responsibility and understand the challenges stakeholders face in their day-to-day operations. We would be very pleased to share this knowledge so that, together, we can develop solutions that will stand the test of time," says Poul Poulsen.
Read Emballageretur's full consultation response here.