DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
15. Waste 15.1 Key Laws and Regulatory Controls The key legislation for waste management includes the following. • The Danish Environmental Protection Act ( Miljøbeskyttelsesloven ). • The Danish Statutory Order on Packaging and Waste of Packaging Act ( Emballagebekendtgørels- en ). • The Danish Statutory Order on Waste ( Affalds - bekendtgørelsen ). • The Danish Statutory Order on Waste Incineration ( Affaldsforbrændingsbekendtgørelsen ). • The Danish Statutory Order on Waste on Landfills ( Deponeringsbekendtgørelsen ). • The Danish Statutory Order on Seveso ( Risikob- ekendtgørelsen ). • The Danish Statutory Order on Waste Inspection ( Affaldstilsynsbekendtgørelsen ). • The Danish Statutory Order on Waste Regulations, Fees and Actors, etc ( Bekendtgørelse om affald - sregulativer, -gebyrer og -aktører mv ). 15.2 Retention of Environmental Liability Once waste has been transferred to a third party for treatment – whether by recycling, incineration or another disposal route – the producer is generally no longer responsible for it. However, a producer or consignor can retain liabil- ity for waste even after handover where statutory duties continue or have been breached. Most notably, extended producer responsibility (EPR) for packaging assigns ongoing financial/organisational obligations for end-of-life management. 15.3 Circular Economy Requirements Design for Dis-/Reassembly or End-of-Life Collection Denmark has no blanket national duty requiring all products to be designed for disassembly. However, Denmark is directly bound by the EU Ecodesign for Sustainable Products Regulation (ESPR), which cre- ates the legal framework for product-specific require- ments (eg, durability, repairability/disassembly, digital product passports) that will apply when the Commis-
sion adopts delegated acts for a given product group. The EU Repair Directive (Directive (EU) 2024/1799) complements ESPR by setting repair obligations for in-scope products. Separately, sectoral regimes already impose design/collection rules for certain goods – most notably under the EU Batteries Regu- lation (Regulation (EU) 2023/1542), which introduces lifecycle and producer-responsibility duties. When Producers Must Take Back/Recover/ Recycle/Dispose Producers are required to finance and organise end- of-life management where an EPR scheme applies. In Denmark, this covers electrical and electronic equipment (WEEE), batteries, end-of-life vehicles and packaging. Obligations typically include registra- tion, payment of fees, reporting and participation in approved collection and treatment schemes. Denmark is also subject to the EU Single-Use Plastics Directive (Directive (EU) 2019/904), under which producers of specified items – including tobacco products with fil- ters/cigarettes – must contribute to litter cleanup and related collection costs. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators – such as treatment facilities – must hold the necessary environmental approvals and operate in compliance with their permit conditions. They are obliged to ensure safe handling, storage, transport and treatment of waste, proper recordkeep- ing and reporting to the authorities (via the Danish Waste Data System), and to prevent pollution or harm to human health and the environment. Operators must also accept inspections by municipal or state authori- ties and comply with instructions issued by the Danish Environmental Protection Agency ( Miljøstyrelsen ) and local authorities. Breaches of these obligations can lead to administra- tive enforcement (orders to comply, suspensions or withdrawal of permits), fines and, in serious cases, criminal prosecution.
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