Single-Use Plastics (SUP) Directive

See also the KIDV SUP Decision Tree and the poster from the government

Features of the Regulations pertaining to single-use plastic products (https://zoek.officielebekendmakingen.nl/stcrt-2022-8376.html ):

Ban on releasing the following products on the market: 3 July 2021

• Products made of oxo-degradable plastics
• Plastic balloon sticks, cotton buds in certain instances
• Plastic straws, stirrers, cutlery and plates
• Polystyrene drinking cups or polystyrene meals packaging

Labelling requirements for single-use plastic products listed below: 3 July 2021

• Filters for tobacco products
• Single-use drinking cups
• Wet wipes, sanitary towels, tampons and tampon applicators

Product requirements for beverage packaging

• 3 July 2024: Caps and lids attached to the bottle
• From 2025: minimum 25% recyclate in drinks bottles with PET as principal component
• From 2030: minimum 30% recyclate in all plastic drinks bottles

Reporting obligations

• From 2022: kilos and quantities of SUP products with reduction measures, being:
  • Plastic or synthetic drinking cups
  • Plastic or synthetic dimensionally stable food packaging
    • for immediate consumption
    • typically consumed out of the packaging; and
    • ready for consumption and requiring no further preparation
• From 2023: kilos and quantities of SUP products, being:
  • Plastic or synthetic drinking cups
  • Plastic or synthetic beverage packaging up to 3 litres (excl. cans and glass bottles)
  • Plastic or synthetic dimensionally stable food packaging for immediate consumption
  • Plastic or synthetic flexible food packaging for immediate consumption from the packaging, without further preparation (pouches and wraps)
  • Plastic or synthetic lightweight carrier bags
• From 2023: the total weight and percentage by weight of recyclate used in drinks bottles made of PET (from 2030 for all plastic bottles)

Extended Producer Responsibility (EPR)

• 1 January 2023: Awareness-raising measures to encourage responsible consumer behaviour[RNtC1] 
• 5 January 2023: Reimbursement of disposal, transport and processing costs of SUP litter by public area managers

Reduction measures
See also the measures poster at https://zwerfafval.rijkswaterstaat.nl/wegwerpplastic/

• 1 July 2023: For food to take-away, for collection or delivery:
  additional price for packaging relative to product (amount to be determined individually for the time being) plus reusable alternative or ‘bring-your-own’ option.
• 1 July 2023: For pre-packed food to take away or for delivery:
  additional price for packaging relative to product (amount to be determined individually for the time being)
• 1 January 2024: For consumption on the premises:
  ban on plastic or synthetic single-use drinking cups and food packaging, or else must be reusable
  • The exception to this is if it can be demonstrated that the single-use drinking cups or food packaging are recycled into high-grade products

Single-use plastic packaging is defined as follows:

• The packaging contains plastic (all not naturally occurring polymers, including biodegradable), including coatings and membranes;
• The product is intended for immediate consumption, on the spot or to go;
• The product is typically consumed out of the packaging;
• The product is ready for consumption without further preparation;
• And subdivided into food packaging/pouches and wraps/beverage packaging, drinks bottles and drinking cups/lightweight plastic carrier bags.

For some packaging it is not yet clear whether they come under the definition. We expect greater clarity in this regard in due course.

See also the KIDV SUP Decision Tree. See also the EU Commission guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2021.216.01.0001.01.ENG

For the packaging covered by the SUP Directive (drinking cups, beverage packaging, dimensionally stable and flexible food packaging and lightweight carrier bags) Stichting Nederland Schoon will implement the awareness-raising measures on behalf of producers.

The Ministry has insisted that these awareness-raising measures will focus on amongst other things:

• disclosure of the markings;
• making consumers aware of the degradability of products in the environment and the consequences of inappropriate waste disposal for the environment and sewage system;
• encouraging consumers to get rid of waste in the desired manner;
• prevention of litter by providing concrete courses of action to counter the effects of inappropriate waste disposal for the environment and the sewage system.

For non-packagings covered by the SUP Directive, the following applies:

• Producers of tobacco products are obliged to reimburse the costs incurred by area managers for awareness-raising campaigns for these products. The Ministry of Infrastructure and Water Management in coordination with the Ministry of Health, Welfare and Sport and social organisations will develop a toolbox in order to support area managers to implement this in a way that does not promote smoking.
• For wet wipes and balloons, there is an obligation on the part of the P/Is to adopt awareness-raising measures.

The costs to be reimbursed under the SUP Directive concern:

• The costs of the awareness-raising measures.
  • For packaging these are the costs from a three-year plan, to be devised by Nederland Schoon
  • For wet wipes and balloons these are the costs of a three-year plan devised by the producers involved, or linked to that of Nederland Schoon, on their own initiative.
  • For tobacco filters this relates to the costs incurred by area managers for awareness-raising measures, proportionate to the number of tobacco filters in litter.
• The litter costs of SUP packaging.
• The implementation costs of the organisation designated by the Ministry (the organisation that takes care of the payments to the area managers).

The amount of the payment for the area managers will be determined by the Minister. The payment for 2023 will be determined by 1 June 2024 based on research carried out by the Rijkswaterstaat. It concerns the costs of the following public area managers: municipalities, provinces, water boards, Rijkswaterstaat, Staatsbosbeheer and ProRail.

The total payment is divided amongst these area managers based on the definitions of areas defined by the Minister (for example, number of inhabitants, surface area or kilometres of road/water).

The costs to be reimbursed concern the following cost components:

• Procedure for disposal which make a distinction between manual and machine clearance;
• transport and processing costs;
• costs intended to support public participation and participation by volunteer organisations for collection purposes

Additionally for tobacco filters:

• the management of public collection systems for waste from that category of plastic product
• awareness-raising measures by area managers.

No. For the measures under the SUP Directive (Reporting obligation, reimbursement of litter costs and awareness-raising measures) there is no threshold in place. This means that every producer or importer who only releases 1 item of SUP packaging on the market will have to notify this to Afvalfonds and pay a contribution in line with the items to be reimbursed.

Packaging is deemed to be SUP packaging if it contains plastic and comprises a drink or food product to be consumed directly out of the packaging. So, if a (drinks) carton contains plastic (lamination) and is filled with a drink or food product for immediate consumption, it constitutes SUP. A drinks carton of milk or iced tea, provided it contains plastic, comes under the SUP product category of beverage packaging. A carton of yoghurt or chocolate sprinkles, provided it contains plastic, comes under the SUP product category of food packaging.