Header image

New Packaging Obligations for Sellers in Denmark

Andy thumbnail

by Andy Steeds, April 7th, 2020

Andy is an EC4P Compliance Consultant helping companies identify their legal exposure to WEEE, Batteries and Packaging legislation and providing cost-effective and legally-robust recommendations for compliance.


Denmark is the only member state within the EU which has not yet introduced obligations on Extended Producer Responsibility (EPR) for packaging and waste packaging. Currently, municipalities in Denmark are responsible for managing packaging waste, not producers. However, Denmark has just consulted on a draft amendment to the Environment Protection Act which intends to transpose the EU Packaging Directive 852/2018.  

What will this mean for Packaging Producers?

The draft amendment sets out requirements on producers/importers to take-back and treat waste packaging according to their market share. The draft covers;

  • de minimis exemptions to apply to ‘low-volume’ packers/fillers;
  • an allocation mechanism to distribute waste packaging collected at municipal collection points among producers/importers;
  • the possibility of transferring producer/importer obligations to a distributor/retailer provided that this transfer is recorded in the producer register.

The details of the EPR regime are to be issued within supplementary legislation by the Minister. 

The Ministry has proposed to issue legislation that;

  • Allows foreign producers/importers of all products subject to EPR to appoint authorised representatives (ARs);
  • Stipulates criteria for the modulation of financial contributions charged to producers by compliance schemes;
  • Transposes the producer and compliance scheme transparency requirements (i.e. fulfilment of collection goals, disclosure of ownership, members, the financial contributions charged to producers and the selection procedure for treatment operators);
  • Requires compliance schemes to implement self-monitoring and control measures; and
  • Details the particulars concerning obtainment and use of financial securities provided by producers/importers.

When will the bill be introduced?

The new proposed legislation on EPR obligations is due to come into effect by 2025, superseding the current the EU Circular Economy Package Principles.   

How to avoid penalties and ensure your company complies with Packaging (plus WEEE and Batteries) legislation

In a time of rapidly developing packaging regulations, heightened awareness regarding the environmental impact of packaging waste, and increased enforcement undertakings across the EU (see EC4P’s Packaging Enforcement Guide), Sphera EC4P has been recognised as an industry leading compliance solution. Sphera EC4P’s experience in implementing legally robust compliance solutions saw them win “Best Packaging Recycling Compliance Solution” at the 2019 BUILD awards; an award programme designed to celebrate industry leaders that have innovated and improved Recycling and Waste Management in the UK.

Sphera is the leading provider of Integrated Risk Management software, data and consulting services with a focus on Environment, Health, Safety & Sustainability (EHS&S), Operational Risk Management and Product Stewardship.

Sphera EC4P is managed and run by:

Thinkstep Compliance Ltd, a Sphera Company
Overmoor, Corsham
Wiltshire, UK
SN13 9TZ

Copyright © 2020 Sphera. All rights reserved. Imprint.