Tilmeld dig vores nyhedsbreve »
Environmental law
5.1 Waste and recycling
In essence, Danish waste regulations are based on EU legislation, including Council Directive 75/442/EEC on waste, Council Directive 91/689/EEC on hazardous waste and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste with later amendments. Accordingly, decisions by the European Court of Justice relating to waste, including the interpretation of the definition of waste – what is recycling, incineration with energy recovery or disposal – are of considerable importance in Danish law.
The main regulations are set forth in the Danish Environmental Protection Act and the Danish Executive Order on waste imposing on municipalities a duty to lay down general local plans specifying requirements for waste management in the municipalities. The Executive Order on waste stipulates a number of requirements and directions for municipalities to observe in preparing their waste plans and the Executive Order also imposes on municipalities a duty prepare regulations specifying in relation to citizens how they may and/or are to dispose of their waste.
The general set of rules, the details of which vary from one municipality to the next, provides that municipalities are to arrange for the collection of a number of waste categories, including household waste and paper in urban areas from residences, whereas a municipality is free to choose to collect household waste from businesses and institutions. Furthermore, a municipality may decide to collect other waste categories from residential areas.
Moreover, municipalities are to instruct citizens, businesses and institutions how to dispose of any waste not collected. With a few exceptions for businesses, there is a duty to use the collection or instruction schemes set up by the municipalities.
In addition, Danish legislation sets up special schemes for batteries, accumulators, Waste Electrical and Electronic Equipment (WEEE), used cars and one-way packaging and refillable bottles for beer, RTD and soft drinks. Special responsibilities have been imposed on producers and importers of all such waste categories to arrange and/or pay for the management and disposal of the materials as waste.
Businesses transporting waste for commercial purposes are to register and waste treatment operators are to report or obtain approval of the business depending on the waste treatment carried out by that business.
Finally, as part of the implementation of the UN Basel Convention and the regulation by the EU of the transboundary movement of waste, Danish legislation provides special rules relating to export or import of waste.
We provide assistance to businesses as regards communication with the authorities and disputes and provide advice on the waste management requirements under Danish legislation.
