Reusable packaging in open loops – who holds the producer responsibility? Status May 2025

We are currently receiving many questions about reusable packaging – particularly regarding packaging that is part of open loops and crosses national borders, possibly several times during its lifetime.

Reusable packaging in open loops is an issue with multiple aspects.

Reusable packaging is defined as:
“Packaging that has been designed, structured, and placed on the market with the intention of going through a number of trips or cycles in its lifetime by being refilled or reused for the same purpose for which it was designed.”

So far, so good.

On paper, handling reusable packaging seems straightforward, but the situation becomes much more complicated when we talk about practice.

So, who really holds the producer responsibility in the end?

This question has proven difficult to answer for several actors involved in producer responsibility, and it is critical that we get an answer, because we need to find a solution to this – otherwise, we risk both double reporting and missing reports – the so-called “free riders.”

Additionally, the order stipulates that producers of reusable packaging must ensure and facilitate the “take-back” when the packaging becomes waste. This must happen in connection with the producer’s obligation to inform the end user about the proper disposal of packaging waste.

Again, this raises confusion – how should you and your company approach this?

The Environmental Protection Agency Outlines Scenarios

To clarify how responsibility and reporting are handled in open reuse systems, Emballageretur has been in ongoing dialogue with the Environmental Protection Agency.

As part of this process, the Environmental Protection Agency has now outlined a series of scenarios illustrating how producer responsibility is assigned in different cases with reusable packaging:

1. Danish company manufactures reusable packaging in reuse systems, e.g., EUR pallets
   A Danish company that manufactures reusable packaging for reuse systems (manufacturer role), thereby first making the reusable packaging available by putting it into circulation in Denmark, holds the producer responsibility for the reusable packaging.

2. Danish company imports/distributes reusable packaging in reuse systems, e.g., EUR pallets
   A Danish company that imports/distributes reusable packaging in reuse systems and first makes these reusable packages available by putting them into circulation in Denmark holds the producer responsibility for the reusable packaging. This applies whether the reusable packaging is imported/distributed to Denmark with or without goods inside.

3. Danish company takes ownership of reusable packaging in reuse systems, e.g., EUR pallets
   A Danish company that takes ownership of reusable packaging in a reuse system, which has already been made available in Denmark, does not take on the producer responsibility for that specific reusable packaging.

4. Danish company exports reusable packaging in reuse systems, e.g., EUR pallets, which has already been made available in its current format in Denmark
   A Danish company that exports reusable packaging in an open reuse system, which has already been made available in Denmark, does not take on producer responsibility for the reusable packaging. This applies whether the reusable packaging is exported with or without goods inside.
   The company exporting the reusable packaging can prepare a digital declaration for Danish producer responsibility, which the company that made the reusable packaging available on the Danish market can use to deduct the exported amounts from the reported quantities.

5. Danish company is the end user of an EUR pallet
   A foreign company sells an EUR pallet to a Danish company. The Danish company does not resell the reusable pallet in Denmark and is, therefore, the end user of the packaging. In this case, the packaging is not considered reusable packaging, as it is not being put into circulation for reuse.

Producers of reusable packaging must, when the reusable packaging is no longer reused and becomes packaging waste, facilitate the take-back of the packaging waste.

We are still waiting for answers

Although the scenarios provide some clarification, we still lack concrete answers on how the rules should be handled in practice. We at Emballageretur have therefore asked the Environmental Protection Agency for more detailed explanations – including the following questions:

• How can the model in practice account for avoiding double reporting across borders?

• How are reported quantities and exported quantities linked to the right producer?

• What happens if an intermediary that exports does not register the export, as it is only presented as an option?

Invitation to dialogue – we want to hear from you

We want to engage in closer dialogue with you, our members. Several have already shown interest in sharing their practical experiences with open reuse systems and discuss how the legislation can be implemented in practice.

Together, we can work towards a shared understanding and a solution that works in reality.

Please write to Subject Matter Expert at Emballageretur, Rikke Halkjær Kristensen at rhk@retur.dk.