EPR for packaging can be difficult to interpret - but the main rule is simple
Extended Producer Responsibility for packaging is a legal requirement that obliges the company that first makes packaging available on the Danish market to finance and ensure its proper handling once it becomes waste.
It is not always obvious whether a company has EPR obligations for packaging. In practice, uncertainty often arises in connection with imports, private label, transport packaging, reusable packaging or value chains involving several companies.
The main rule is that EPR lies with the company that first makes the packaging or packaged product available on the Danish market. This is therefore not necessarily the company that physically manufactured the packaging. Responsibility depends, among other things, on the type of packaging, who makes the packaging available, and whether the sale is to an end user or for resale.
If your company is covered, you must register with Danish Producer Responsibility (DPA). For single-use packaging, affiliation with a Producer Responsibility Organisation (PRO) is mandatory. As a general rule, registration must take place no later than 14 days before you begin marketing the packaging. See more at producentansvar.dk.
Specific situations and allocation of responsibility
There are situations where responsibility requires a closer assessment. This applies especially to private label, imports, transport, service and primary production packaging, distance selling, reusable packaging and group structures.
Private label and own brand
For companies established in Denmark, name and trademark are key criteria when responsibility is allocated. If you sell packaging or packaged goods under your own name or trademark, EPR will generally lie with you. Special rules apply to micro-enterprises, which may mean that responsibility moves to the Danish company that manufactures or imports the packaging or packaged products in the micro-enterprise's name and trademark.
Import of packaging and packaged goods
If you import packaging or packaged products from abroad and place them on the Danish market, you will generally have EPR for the packaging. This applies to imports from both the EU and countries outside the EU.
Responsibility differs depending on packaging type
For transport, service and primary production packaging, responsibility generally lies with the company that first makes the packaging available on the Danish market - regardless of whether the packaging is empty or filled. For other types of packaging, responsibility will often lie with the company that fills the packaging or makes the packaged product available. If the packaging or product is marketed under another company's name or trademark, responsibility may be placed there.
Goods shipped directly from abroad to an end user in Denmark
Foreign companies may have EPR obligations in Denmark if they sell directly to end users in Denmark. The decisive factor is not always where the goods are physically located or who handles the logistics. If, however, a Danish company buys the goods for resale, responsibility may lie with the Danish company.
Reusable packaging
For reusable packaging, responsibility depends, among other things, on whether the packaging is part of an open or closed loop and whether there is a system owner. In open loops without a single system owner, responsibility generally lies with the company that first makes the reusable packaging available on the Danish market. Companies that merely receive and return reusable packaging in an existing loop normally do not have EPR. For reusable packaging, membership of a PRO is not mandatory, but registration with DPA is still required.
Group structures
In corporate groups, responsibility can in some cases be managed centrally, but this requires the allocation of responsibility to be documented. It is therefore important that internal control procedures and the data basis are aligned.
If you are unsure, Emballageretur can help with the initial assessment. The final decision is made by Danish Producer Responsibility (DPA). See producentansvar.dk.
The exemption for micro-enterprises
There is a special exemption for certain micro-enterprises, but it does not apply in all situations. If you import packaging or packaged products from abroad, responsibility will typically still lie with you, because you are the company that first makes the packaging available on the Danish market. If, on the other hand, you buy packaging from a Danish supplier, EPR will often lie with the supplier.
If your company produces packaging itself - that is, manufactures and sells packaging to other companies - you are also covered by producer responsibility, regardless of the size of the company.
