New legislation

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Significant legal changes came into effect this year, and there's more to come. On our way to make the Netherlands circular, we all need to take significant steps, and new legislation is part of that. The regulations for Single Use Plastics (SUP) came into effect in 2022, and other legislation followed suit in 2023. These changes can have a significant impact on your organization, both financially and administratively. We're happy to assist you in the succesful implementation of new and upcoming legislation. 

Proposal Packaging and Packaging Waste Regulation (PPWR)

On November 30, 2022, the European Commission (EC) published a preliminary proposal for an EU regulation for packaging: the Packaging and Packaging Waste Regulation (PPWR).

SUP- legislation

The SUP legislation formally came into force in 2022 and results from the incorporation of the European SUP directive into Dutch legislation. The primary objective of the SUP directive is to mitigate the environmental impact of single-use plastics, such as balloons, meal packaging, beverage containers, straws, and cutlery. The directive encompasses a set of measures aimed at reducing the prevalence of single-use plastics in litter, including plastic pollution in the sea, often referred to as the 'plastic soup.' These measures primarily target plastic products and packaging commonly found on European beaches.

For cups and rigid food packaging, specific discouragement measures have been implemented to reduce their consumption. An essential measure is the requirement for producers and importers (PI's) who introduce SUP packaging to the market to pay a fee. This fee covers the costs incurred by public area managers when cleaning up SUP packaging items found in Dutch litter. The specific amount of the fee to be paid to area managers will be determined by the Minister of Infrastructure and Water Management in June 2024.

Key Components of the SUP Directive Implementation Schedule:

  • July 2021: Introduction of marking requirements and the prohibition of certain items, including straws.
  • Starting from 2022: Imposition of a reporting obligation for SUP packaging aimed at reducing consumption, such as disposable cups and rigid SUP food packaging.
  • Commencing in 2023: Implementation of a charge for litter cleanup costs and an expanded reporting obligation covering all SUP packaging categories, including flexible food packaging, carrier bags, beverage bottles (with mandatory reporting of recycled material usage), disposable cups, and rigid SUP food packaging.
  • In 2023 and 2024: Phased rollout of discouragement measures targeting to-go food and beverage packaging.

Important Note: Unlike other packaging, there is no reporting threshold for SUP packaging; even Producers and Importers (PIs) introducing just a single unit of SUP packaging to the market will be subject to the new legislation.

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Change in application definition Producer or Importer

On January 1st 2023, the definition of ‘producer or importer’ for the Packaging Waste Management Contribution was modified at the insistence of the Ministry of Infrastructure and Water Management. This alteration aligns the definition with legal requirements and has implications for organizations that:

  • Have professionally instructed another party to include their organization's (and contractor's) name, logo, or mark on product packaging.
    • The obligation to pay the contribution is generally transferred (with a few exceptions) from the contractor to the customer for the production of a product that is not owned by the manufacturer's brand. For instance, if it is manufactured under a private label or house brand.
  • Note: For packaging categorized as Point of Sale (PoS) packaging, the responsibility to file a declaration is shifted from the provider to the producer/importer who introduces the empty packaging to the market. This declaration point must also determine whether a declaration is required for Single-Use Plastic (SUP) and/or deposit packaging. Packaging qualifies as PoS packaging if it is listed in the exhaustive PoS packaging list. If your packaging is not listed, it will be considered regular packaging in all cases. In such cases, an assessment must be conducted at the time of use to determine if a declaration is necessary and, if so, for what purpose. The actual use itself is not the determining factor. The list also indicates whether your PoS packaging is subject to the SUP declaration requirement, which depends on whether your packaging contains a portion of plastic.

As a result of these changes, some packaging categories will be renamed. For example, the category 'packaging' will be changed to 'other packaging'. 

Beverage cartons

As of July 1, 2023, the recycling target for beverage cartons has come into effect. Furthermore, the legal definition for beverage cartons for 2023 has been amended. The following page outlines how we apply the definiton. 

Packaging administration 2023

All these changes will also have an impact on the packaging administration. 

  1. Returnable cans
    Since April 1st 2023, returnable cans (just like returnable plastic bottles) must be registered separately. The quantities as well as the kilograms of each type of material the can is made of must be registered. 
  2. SUP legislation
    For all packaging that falls under the SUP legislation, you must report both the weight (kg) and the number of packaging units marketed (pieces). Rules apply to certain sub-types of packaging (such as beverage packaging, some rigid or flexible food packaging), which in turn can consist of different types and for which a different rate is linked due to a different collection method.
  3. Reusable packaging
    Because there are legal goals for reuse in addition to recycling goals, it has been decided that not only deposit bottles but all reusable packaging have to be reported. We ask producers and importers to provide the following breakdown in their declaration from 2022 onwards. 
  • The total weight of all reusable packaging for that year, broken down by material type. 
  • The weight of all reusable packaging that completes its first cycle in the same year, broken down by material type

Webinars 2023

Watch our Webinars and learn more about existing and new legislation.

 

Presentations Webinars 2023 (only available in Dutch)

Presentatie webinar 5 juli 2023
Presentatie webinar 31 januari 2023

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