Plastics and packaging laws in The Netherlands

The general aim of the Dutch legislative framework is to reduce litter and to protect the public interest and the environment. There are several laws and decrees that regulate packaging and plastics waste, which include: 

1. General rules can be found in the Environmental Management Act ('Wet milieubeheer').  
2. The following Decrees outline further obligations and duties:  

• the Commodities Act Decree on packaging and consumer products ('Warenwetbesluit verpakkingen en gebruiksartikelen'); 
• the Commodities Act regulation on packaging and consumer products ('Warenwetregeling verpakkingen en gebruiksartikelen'); 
• the Decree single-use plastic products ('Besluit kunststofproducten voor eenmalig gebruik');  
• the Regulation single-use plastic product ('Regeling kunststofproducten voor eenmalig gebruik'); 
• the Decree extended producer responsibility ('Besluit regeling voor uitgebreide producentenverantwoordelijkheid');  
• the Decree packaging 2014 ('Besluit beheer verpakkingen 2014'); 
• the Regulation packing ('Regeling beheer verpakkingen');  
• the Decree plastic drinking bottles ('Besluit maatregelen kunststof drankflessen'); and  
• the Decree metal beverage packaging ('Besluit maatregelen metalen drankverpakkingen').

From 3 July 2021 it is prohibited to place on the market certain single-use plastic products.. This includes: cotton swabs, cutlery, plates, straws, stirrers for beverages and sticks and the mechanisms of those sticks, which are attached to balloons to support those balloons. An exception is made for cotton swabs that qualify as a medical device and for balloon sticks for industrial or professional use. Additionally, the marketing of products made of oxo-degradable plastics will also be prohibited.  

For certain products such as food containers, bags and wrappers, packages for drinks containing a maximum volume of three litres, drinking cups, light plastic carrier bags, wet wipes, balloons for consumers, tobacco products with filters, the producer or the importer that markets the abovementioned products in the Netherlands must compensate the costs for cleaning up, transporting and processing litter that the Dutch government makes. Furthermore, the producer must cover the cost of certain measures to raise awareness of the environmental impact of a number of single-use plastic products. For the tobacco and fish industry, additional costs for waste collection will be charged. When these proposed measures for extended producer responsibility will come into effect depends on the product.  

Markings should be applied to the packaging of single-use plastics or the products itself to make it clear to the consumer that the product contains plastic and if thrown away, the product will have a negative impact on the environment. 

From 1 July 2023, customers of takeaway locations, delivery locations and supermarkets will have to pay for disposable cups and containers containing plastic. For drinks and meals prepared on site, customers can also choose to use an alternative in the form of a reusable substitute, such as own cups or returnable cups with a deposit. From 1 January 2024, disposable cups and containers containing plastic will be completely banned for consumption on site. This goes for example for catering establishments, events, offices, associations and sport clubs. 

From 3 July 2024, plastic caps must be attached to plastic bottles and beverage containers. The idea is that this will result in automatic collection of the caps for recycling purposes. With regard to PET bottles, these must consist of at least 25% recycled plastic from 2025 onwards, and of at least 30% from 2030 onwards.

As of 1 July 2022, a producer or importer who markets beverages in a plastic bottle of three litres or less must ensure that at least 90% of the weight of the total number of the marketed bottles, caps and lids is collected separately during a calendar year. 

As of 1 January 2024, a producer or importer who markets beverages in a metal container with a volume of three litres or less must ensure that at least 90% of the weight of the total marketed metal packaging is collected separately during a calendar year. 

The government is also allowed to provide additional regulations, such as a new decree that amends Decree packaging 2014 laying down the basis for establishing further rules on the minimum levels of deposits on drinks packaging. When such a regulation is made, all producers and importers who fall under the scope of the regulation must comply with the regulation and report to the Minister of infrastructure and environment. Those producers and importers must also describe how they will meet the requirements set by the regulation and report to the Minister on their compliance. 

Every producer or importer who markets water or soda in plastic bottles with a volume of three litres or less must request a deposit for each bottle. When the consumer returns a plastic bottle to a designated place (mainly shops), the consumer receives the deposit back. In practice, this means that the consumer receives a coupon for the value of the returned bottles, which can be used in the store where the bottles are returned. The producer or importer will take the bottles back for recycling. The costs for this system are to be paid by producers and importers. 

As of 31 December 2022, producers and importers who market beverages in metal packaging with a volume of three litres or less must charge the consumer a deposit on the packaging according to the system described above.  

From 1 April 2023, the producer or importer must charge a deposit for beverages marketed in a metal drinks packaging with a capacity of three litres or less. The minimum deposit for such metal drinks packages is € 0,15 per package. These metal drinks packages must be labelled with a logo that makes it clear that a deposit applies.

Producers of packaging materials who market or import more than 50,000 kg per calendar year must pay a 'waste management contribution' to the government-appointed Waste fund. The amount of the contribution depends on the material and the type of packaging. For example, the contribution amount for paper and carton packaging is set at EUR 0.012 per kilogram in 2023. 

There are no acts or regulations that specifically regulate the use of microplastics or the use of microbeads in products. The European Commission does, however, directed its attention to this topic. As a first step, the European Commission requested the European Chemicals Agency (ECHA) to prepare a restriction dossier concerning the use of intentionally added microplastics to consumer or professional use products. On 25 September 2023, the European Commission adopted the restriction of intentionally added microplastics. The restriction applies to microplastics placed on the market as substances on their own or where ‘intentionally added’.  

Microplastics used at industrial sites, medicinal products and veterinary medicinal products, EU fertilising products, food additives, in vitro diagnostic devices and food and feed are excluded from the scope of the restriction.  

When the microplastics restriction will start to apply, varies for different types of products.

The producer or importer must ensure that, for 2023, at least 72% of the weight of the total packaging used by it in that calendar year is recycled or reused.  

In addition, the Dutch government sets specific recycling or reusage percentages for certain materials in the packaging, which increase gradually over the years. In 2024, the minimum recycling or reusage percentages for certain materials in the packaging are as follows: 

1. 47% for plastics;   
2. 55% for wooden packaging; 
3. 86% for glass;  
4. 85% for paper and carton packaging; 
5. 78% for aluminium; and 
6. 94% for ferrous metals. 

Furthermore, there are specific percentages that prescribe a minimum percentage that must be recycled, which percentages increase gradually over the years. Accordingly, producers or importers must ensure that at least 70% of the weight of the total packaging used by it in that calendar year is recycled. The Dutch government has, in addition, set out the minimum percentages that must be recycled for certain materials in the packaging. The minimum percentages for 2024 are as follows: 

1. 47% for plastics;   
2. 30% for wooden packaging; 
3. 70% for glass;  
4. 85% for paper and carton packaging; 
5. 60% for aluminium; and 
6. 80% for ferrous metals.

The Commodities Act Decree and regulation on packaging and consumer products provide for general rules that packages must adhere to. For example, it is stipulated that packages must be manufactured from materials that are of good quality considering public health. There are no specific regulations on the use of recycled materials in food packaging. However, the European Food Safety Authority has advised that at least 95% of recycled materials used for new food packaging should come from food packaging in order to avoid contamination of food with hazardous substances. It is possible to deviate from EFSA recommendations, but in practice these recommendations are regarded as binding.  

The rules and legislation aimed at inter alia waste management, packaging and extended producer responsibility are subject to (many) changes as these topics get quite a lot of attention in view of ESG and the circular economy. Therefore, it is important to stay updated about changes as these may happen frequently. 

This chapter was last updated on December 2023 and does not reflect any subsequent developments in the law.