Dansk 
Date: March 13th 2026
Emballageretur to the Danish Environmental Protection Agency: Extended guarantee requirement is unnecessary and disproportionate
Emballageretur has submitted a consultation response to the Danish Environmental Protection Agency’s draft packaging regulation and deposit regulation. We believe two specific provisions should be amended.
An expanding guarantee requirement with no clear justification
Producer Responsibility organisations currently provide a financial guarantee covering municipalities’ costs for collecting and handling packaging waste from households. Under the proposed § 67, the guarantee must also cover business compensation – that is, payments to companies for handling commercial packaging waste.
This is an extension Emballageretur does not consider necessary. Business compensation is application-based, and it is by nature difficult to predict what the total bill will amount to. This pushes up the guarantee amount, ties up capital in the organisation, and ultimately passes the cost on to producers.
Emballageretur also notes that the proposal does not explain what specific risk the extension is meant to address. Producer responsibility organisations are already subject to registration, ongoing settlement, and supervision. We recommend that the extension either is dropped or at minimum reviewed more carefully before being implemented.
The organisation’s case processing must not be sidelined
The proposed § 73 allows companies to go directly to the organisation’s financial guarantee if they do not receive business compensation. The problem is that the provision does not account for the fact that a producer responsibility organisation may have good reasons to reject an application, for example because it does not meet the requirements.
Without a clear distinction, there is a risk that the financial guarantee is drawn upon before it has been established whether a rejection was actually wrong. This undermines the organisation’s role in case processing and could open the door to parallel processes and unjustified payments.
Emballageretur recommends that the provision be clarified to specify that payment from the financial guarantee should only be possible if an application has been wrongfully rejected or not processed at all, and that a clear procedure for reviewing rejections should be established before the guarantee is invoked.
Emballageretur is happy to engage in further discussions on implementation.
