FAQ - Definitions and concepts

Producer: Any manufacturer, importer or distributor who, regardless of the sales method used, including by means of distance contracts

a) is established in Denmark and first makes available transport packaging, reusable packaging, primary production packaging or service packaging on the Danish market,

b) is established in Denmark and first makes available packaged product or packaging not mentioned in point a on the Danish market, or

c) is established in another EU member state or in a third country and via distance contracts first makes available transport packaging, reusable packaging, primary production packaging, service packaging or packaged product directly to end users on the Danish market.

Manufacturer: Any natural or legal person who:

a) manufactures packaging or packaged product

b) has packaging or packaged product designed or manufactured under their own name or trademark, regardless of who manufactured the packaging or the packaged product and whether other trademarks are visible on the packaging or the packaged product

c) offers packaging or packaged product to a micro-enterprise that has the packaging designed or manufactured under its own name or trademark, when it concerns transport packaging, reusable packaging, primary production packaging, service packaging, sales packaging, or grouped packaging.

An importer is any natural or legal person established in the EU who makes packaging or packaged products available on the EU market from a third country.

A distributor is any natural or legal person in the supply chain who is neither a manufacturer nor an importer, and who makes packaging or packaged products available on the Danish market.

Availability as defined in the statutory order:

Delivery of a packaging, or packaged product, for the purpose of distribution, consumption, or use on the Danish market as part of a commercial enterprise, whether it is done for or without compensation.

DPA has stated that what is crucial for availability is who has entered into or facilitated the agreement regarding the packaging/the packaged product - and not who has, for example, sent and paid the invoice or where the specific packaging/packaged product physically resides (the logistics).

The Environmental Protection Agency has indicated that they are working on guidance in which we expect availability to be further clarified.

The end user is any natural or legal person residing or established in the EU, to whom packaging or packaged product is made available, either as a consumer or as a commercial end user, as part of their industrial or commercial activities, and who does not make the packaging or the packaged product available on the market in the form it was delivered.

Distance sales are direct sales between a business and the end user of a packaging, where the two parties are not physically present, for example, in online sales.

Distance sales also cover B2B, where the end user is a commercial business.

The Register Order: Distance sales are any agreement for the sale or purchase of packaging that is made between the producer and the end user, without the simultaneous physical presence of the producer and the end user, and where, at the time the agreement is made, one or more forms of distance communication techniques are exclusively used, including online sales.

Reuse is when the packaging is collected and used again a number of times. The packaging serves the same purpose for which it is designed. An example is a cup that is washed and used again, still as a cup.

Recycling is when the packaging is shredded or separated and the material is used in and for new products. In the example with the cup, when it becomes waste, it will be treated and, for example, ground into new material like rPET, which can be used in new products.

Recycled content means that the material used in packaging (both single-use packaging and reusable packaging) is recycled. That is, the raw material used for production is entirely or partially recycled material, such as rPET. In the cup example, the cup will now be made with entirely or partially recycled raw material.