Am I Subject to the SUP Regulations?

Introduction

Do you place packaging on the Dutch market and are you unsure whether the Single-Use Plastics (SUP) regulations apply to you? Answer the questions below to quickly determine whether you are likely subject to SUP obligations and what your next steps may be.

1. Do you manufacture or import packaged products for the Dutch market, or do you have packaging produced under your own name or brand?
   If the answer is yes, you may qualify as a producer or importer under the SUP regulations.*
   This applies until 12/08/2026. After this date, you will qualify as a producer according to the PPWR producer roles.
   
2. Is the packaging intended for single use?
   The packaging is designed to be used by the consumer only once. It does not matter whether the packaging is recyclable or resealable.
   If the answer is yes, the packaging may be considered SUP packaging.
   
3. Does the packaging contain plastic?
   The packaging is made entirely of plastic or consists of another material with a plastic coating or layer, no matter how small.
   If the answer is yes, the packaging may fall under the SUP regulations. Please note that cardboard cups or food containers with a plastic coating are also covered. For more information, see the European Commission guidelines.

Does the packaging belong to one of the following categories?

• Beverage cups
• Food containers such as meal boxes, trays or dishes
• Beverage containers up to 3 litres
• Food wrappers and packets
• Lightweight carrier bags

If the answer is yes, there is a strong possibility that your packaging is SUP packaging.

Is the packaging used for takeaway or on-the-go consumption?

Takeaway, delivery or food and beverages intended for consumption outside the point of sale.

If the answer is yes, in addition to the SUP requirements, a mandatory consumer surcharge may also apply.

Still Unsure? Take a Closer Look 

If you still have doubts after this initial assessment, consult the SUP assessment framework and accompanying carousels. You can also review the frequently asked questions about SUP.

Plastic or Plastic-Free?

The primary responsibility for determining whether your product or packaging contains plastic lies with your company. As a producer or importer, you are expected to understand the composition of your product range.

The SUP Directive does not distinguish between different types of plastic. It applies to both fossil-based plastics (such as HDPE and PS) and bio-based plastics (such as bio-PE and PLA).

Many companies struggle to determine whether a food or beverage package contains plastic under the Dutch Regulation on Single-Use Plastic Products. To support this process, the former KIDV developed a self-assessment guide: Does my packaging contain plastic or not? You can consult the publication here.

This guide helps companies make an initial assessment of whether products may contain plastic. In many cases, laboratory testing is required to determine whether a product or packaging contains plastic. Such testing can be time-consuming and costly. The self-assessment guide enables companies to answer many questions independently before proceeding with testing.

If the self-assessment guide does not provide a conclusive answer, testing is the next step.

SUP or Non-SUP Packaging?

You can now have your packaging assessed by the Wageningen University & Research laboratory. The results can be used as supporting advice in discussions with the Dutch Human Environment and Transport Inspectorate (ILT).

Extended Producer Responsibility (EPR)

The costs of collecting and processing litter from single-use plastic products are borne entirely by producers. Producers also contribute to the costs of awareness and education campaigns.

To comply, you must:

• Report your SUP packaging volumes in units and kilograms from mid-year onwards.
• Pay a SUP fee to Verpact.

For more information, read more about the definition of a producer.

Reduction of Consumption

Each EU Member State must achieve a measurable reduction in the consumption of single-use plastic products and packaging.

One of the measures requires points of sale to offer reusable alternatives to consumers, for example for takeaway packaging. This measure applies to beverage cups and food containers.

The following rules apply:

• For on-site consumption, the use of the relevant single-use plastic packaging is prohibited.
• Where reusable packaging is difficult or impractical for on-site consumption, operators may choose an exemption. In that case, disposable cups and containers must be collected separately and recycled. Specific collection targets apply, and notification to the ILT is required.

Market Restrictions

EU Member States must prohibit certain single-use plastic products from being placed on the market.

Since July 2021, products such as cutlery, plates, stirrers, straws, and food and beverage containers made from expanded polystyrene (EPS/XPS) intended for direct consumption may no longer be sold.

The restrictions also apply to cotton bud sticks (except when used as medical devices), balloon sticks and products made from oxo-degradable plastics.

Separate Collection Targets

Member States must take the necessary measures to ensure that:

• 77% of single-use plastic beverage bottles are collected separately by 2025.
• 90% are collected separately by 2030.

Deposit return systems are one of the measures used to achieve these targets.

Product Design Requirements

Production requirements for plastic beverage bottles and cartons have been tightened. For example:

• Beverage containers with caps and lids may only be placed on the market if the cap or lid remains attached to the packaging after opening.
• PET beverage bottles must contain a minimum percentage of recycled material from 2025 onwards.

Marking Requirements and Consumer Awareness

Certain single-use plastic packaging products must carry a clearly visible marking informing consumers that the packaging contains plastic and explaining how and where it should be disposed of after use.

The packaging must also provide information about the negative environmental impact of littering and incorrect disposal.

The detailed EU marking requirements can be found in the relevant European legislation.

Final Remarks

The SUP legislation is complex and is regularly updated with new examples and interpretations.

This page is intended to help you understand the basics. For a definitive assessment, please consult the SUP assessment framework and associated carousel documents, or contact us.