At what point is packaging made available?
Making available is a key element of the producer responsibility rules. It describes the moment when a company makes packaging or a packaged product available on the Danish market.
Physical delivery is not necessarily an issue. The decisive point is that an agreement has been entered, or an offer accepted between two or more legal or natural persons about delivery or transfer of ownership, possession, or other right in the packaging or the packaged product after the end of the production stage.
When the ownership is transferred, it means that the packaging is intended for being made available to another legal or natural person.
When does ‘making available’ happen?
A packaging is considered as made available when:
- An agreement has been entered, or an offer has been accepted about delivery – orally or in writing
- The ownership or the right of use is transferred to another legal or natural person
- This transfer is done against payment or free of charge. This means, for instance, that a packaging is considered being transferred in connection with a sale, lending, lease, or rental, as well as gifts.
- It involves a commercial activity.
For example, this may mean that ‘making available’ happens when an order has been placed (an agreement has been entered) – also when the packaging is still in storage.
By contrast, ‘making available’ has not happened when the packaging or the packaged product has been offered for sale on a website, in a campaign, and/or is still in storage with the producer.