The Netherlands: New reporting requirements for producers of single-use plastic products

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Based on the Regulation on plastic products for single-use, entered into force on 1 January 2023, the obligation for producers and importers of certain single-use plastic packaging and products to bear the costs of area-wide public waste collection and clean-up through an EPR system applies. The following products are covered by the new EPR extension: single-use food packaging intended for direct consumption (such as salad bowls and hamburger trays), bags and packaging from which consumers can eat directly (e. g. chocolate bar wrappers), beverage containers up to three litres, drinking cups and lightweight plastic carrier bags.

Manufacturers and importers must submit reports and licensing fees to Afvalfonds Verpakkingen

The amount of the producers’ and importers’ contributions is based on the consumer price index and the cost share of waste per type of plastic product divided by the number of products placed on the market. The cost share of waste is determined based on an annual cost screening of plastic waste. By 1st April 2023, manufacturers, and importers (from the first element placed on the market) must report the quantities placed on the Dutch market to Afvalfonds Verpakkingen, which starting in 2023 collects the associated licence fee annually by the first of September. The funds collected are passed on to the municipalities as compensation for the SUPs administered.

Manufacturers and importers must inform consumers about waste prevention and awareness-raising measures

In addition, producers and importers are obliged to inform consumers about waste prevention and awareness-raising measures, collection systems and facilities for reuse or recycling.

Ban on on-site consumption of SUP cups and food containers

Additional measures taken to condemn the use of SUP is the prohibition of on-site consumption of SUP cups and food containers by the catering sector. Exempted from this rule are operators who can (a) demonstrate, that they can ensure a collection rate of 75 % until 2024 and 90 % until 2027 for high-quality recycling, or (b) that equivalent collection measures are taken by the municipalities.