Producer responsibility legislation in place - two executive orders issued

On 19 December, the Danish Parliament adopted the amendments to the Environmental Protection Act that form the legal framework for the producer responsibility in Denmark. Just before the turn of the year - on 30 December 2024 - the Ministry of the Environment and Gender Equality followed up with the issuance of the executive orders which define the more concrete rules for the two new producer responsibilities: the Packaging Order and the Clean-up Order.

The Packaging Order

Four points in particular are crucial for companies in relation to producer responsibility for packaging:

• Requirement for membership of a PRO (Producer Responsibility Organisation) by 14 January 2025
  Companies with producer responsibility for disposable packaging must join a PRO at the same time as registering in the register of authorities (DPA). Companies that have registered in DPA without opting for a PRO must opt for a PRO by 14 January 2025.
  Read more about PROs and membership of VANA here.
  
  
• Reusable packaging - registration no later than 1 February 2025
  Companies that make reusable packaging available on the Danish market must be registered by 1 February 2025. Read more about reporting reusable packaging here.
  
  
• Actual packaging volumes made available in 2024 - reporting by 31 May 2025
  Companies with producer responsibility for packaging must report the actual accessible packaging volumes for 2024 by the end of May. Read more about registration and material categories here.
  
  
• Environmental graduation based on 10 categories with a ‘penalty’ on packaging with low recyclability
  When continuous reporting starts on 1 October 2025, costs will be environmentally graduated within 10 categories (the design requirements for plastics are divided into 4 subcategories). Companies marketing packaging with the lowest recyclability (red category) will have to pay an additional cost of 35% as an incentive to work with more sustainable packaging (see the specific design requirements in Appendix 14 of the Executive Order). Read more about reporting for packaging and environmental graduation here.

The Clean-up Order (single-use plastic products)

Companies marketing single-use plastic products must be registered within 8 product categories and report quarterly for marketed quantities in each of the registered product categories. The first report must be submitted at the beginning of April. Read more about reporting single-use plastic products here.