How to assess whether a product is covered
As a general rule, a product will be covered if it falls within one of the eight categories, contains plastic and is intended for single use. Start with the category - not with how much plastic the product contains. Plastic may be a minor component and still trigger EPR.
There is no de minimis threshold for single-use plastics (SUP). Even small quantities may be covered.
The relationship with packaging EPR
Many of the products in the eight categories may also be packaging - for example takeaway containers or beverage bottles. In such cases, the same product may trigger obligations under both EPR systems.
This does not mean that the rules are the same. EPR for SUP and EPR for packaging are based on different legislation and have different purposes. It is therefore important to clarify whether your products are covered by one system, the other or both.
Specific rules for wrappers and films
For most SUP categories, responsibility lies with the company that produces or imports the product and first makes it available on the Danish market.
For wrappers and films, however, a specific allocation of responsibility applies. Here, responsibility may lie with the company that fills the wrapper or film with food, if the product is intended for immediate consumption directly from the wrapper or film without further preparation.
This may be relevant, for example, for companies that sell food in flexible wrappers or films where the packaging is part of how the product is eaten or used. You should therefore not only assess whether the product contains plastic, but also which category it falls under and what role your company has in relation to the product.
