Making available
You can read about the term Making available here. This term is key to understanding who has the producer responsibility for a product.
To be subject to producer responsibility, you must make in-scope products available on the Danish market. ‘Make available’ is defined as the supply of, for instance, empty, or filled packaging in view of distribution, consumption, or use on the Danish market as part of a commercial activity, be it with or without remuneration.
Supply covers every service concerning distribution, consumption, or use on the EU market that may result in an actual supply of packaging/filled packaging that is already produced (e.g. a purchase bid or advertising campaigns). Thereby, an actual sale is not always necessary for a company to have producer responsibility for a packaging/a filled packaging. It is sufficient that the packaging/the filled packaging is made available on the market.
The making available of a packaging/a filled packaging presupposes a bid or an agreement (written or oral) between two companies about the transfer of ownership, possession, or other rights in connection with the packaging/the filled packaging in question once the production phase is completed. ‘Transfer’ does not necessarily require the physical transfer of the packaging/the filled packaging. Thereby, it is not decisive for the assessment, for instance, who has sent and paid the invoice in those cases where the packaging/the filled packaging is paid for. Neither is the physical location of the packaging/the filled packaging decisive (logistics). The decisive issue is who has entered/facilitated the agreement on the packaging/the filled packaging.
A packaging/a filled packaging is, for instance, considered being transferred in connection with a sale, lending, lease, or rental, as well as gifts.
The transfer of ownership entails that the packaging/the filled packaging is intended for being made available for another legal or natural person.