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Packaging
When Do You Make Packaging Available on the Market?

When Do You Make Packaging Available on the Market?

Gain an overview of when packaging is considered to be made available on the Danish market and what this means for your obligations.

Making packaging available on the market is a key concept in the rules on producer responsibility. It refers to the point at which you make packaging or a packaged product available on the Danish market. This timing is important because it may determine when your producer responsibility takes effect.

What Does “Making Available on the Market” Mean?

You make packaging available on the market when it is supplied as part of a commercial activity. This applies to both empty packaging and packaging containing a product.
Making available on the market means any supply of packaging for distribution, consumption, or use on the EU market, whether for payment or free of charge.

When Is Packaging Made Available on the Market?

Whether packaging is made available on the market depends on whether it has been supplied for distribution, consumption, or use on the Danish market. See examples below of situations where packaging is considered to be made available on the market, and where it is not.
See examples of when packaging is made available on the market and when it is not.

Packaging is considered to be made available on the market when an agreement has been concluded, or an offer has been accepted, for the supply or transfer of ownership, possession, or another right relating to the packaging or the packaged product.

Examples:
  • You sell packaged products to a customer and the customer accepts your offer.
  • You enter into a binding agreement with a distributor for the supply of packaged products.
  • You supply packaging or packaged products free of charge as part of your business activities.
  • You import packaged products into Denmark for onward sale on the Danish market.

Packaging is not considered to be made available on the market if it has not yet been supplied to another legal or natural person.

Examples:
  • The packaging or product is still being manufactured.
  • You transfer goods between your own warehouses or locations without transferring ownership or other rights to another party.
  • You import packaged products into Denmark for your own end use.