The SUP legislation has two components:

• Items that fall under the SUP rules, such as balloons, wet wipes, etc.
• Packaging that falls under the SUP rules.

Verpact's policy applies exclusively to packaging. The legislation surrounding the items is determined by the government itself. Verpact is responsible for implementing the EPR (Extended Producer Responsibility) in the Netherlands and, as the implementing body, has no influence on the legal content of this.

Wondering whether your packaging falls under the SUP legislation? If the answer to one or more of the questions below is "yes," there is a good chance your packaging falls under the SUP legislation, and a more precise assessment is recommended.

1. Is your packaging a food package, beverage package, or lightweight carrier bag?
2. Is it plastic, or does it contain plastic?
3. Is it pre-packaged or refillable?

NOTE: The SUP legislation also applies to paper and cardboard packaging of which only a very small part is plastic, for example if a coating has been applied.

The directive obliges producers and importers of SUP packaging to:

• make a financial contribution toward cleaning up litter (SUP surcharge)
• take measures to use fewer disposable packages
• raise consumer awareness of their choice for reusable alternatives

Toward Verpact:

1. Reporting and administration
You not only report each package by kilo and by item, but also quantities per type of SUP packaging. For PET bottles, the percentage of recycled content used must also be reported. There is no threshold: everyone must report, regardless of the quantity of packaging placed on the market.

2. Extended Producer Responsibility (EPR) and SUP surcharge

As a producer or importer, you contribute to the costs of cleaning up SUP packaging found as litter. This contribution is called the SUP surcharge. The amount of the SUP surcharge can be found in Verpact's current rate table.
Note: this surcharge comes on top of the regular waste management contribution you pay if you place more than 50,000 kg of packaging on the market per year.

Toward the consumer:

3. Consumer surcharge
As an end user, you pay an additional amount for single-use drinking cups and food packaging, for example at a kiosk or snack bar. Points of sale that use this packaging must charge the consumer an additional amount. This amount does not have to be remitted by the seller. The government expects businesses to invest the surcharges in reusable alternatives, but this is not mandatory.
From January 1, 2027, these rules will change and the following will apply:

• No mandatory surcharge: You will no longer be required to charge extra for disposable plastic cups or containers.
• Reusable alternative remains mandatory: You must still offer a reusable option. For example, you can offer reusable cups or containers, or accept cups and containers brought in by the customer.
• Discounts are allowed: Want to reward customers who bring their own cup or container? That's your own decision.
  
  

Other obligations:

Recycled content targets
Verpact encourages the use of recycled content wherever possible. That's why we offer discounts on packaging that contains recycled material, through rate differentiation. We also gather and share knowledge about the possibilities in this area. It can be advantageous to adjust your packaging, for example by reviewing the marking requirements, changing the material of caps and loose parts, or exploring alternatives in other areas.

A good starting point to learn more about this is 'Is your packaging ready for tomorrow?'.

Administrative impact
The SUP regulations require more specific reporting and therefore administration. Previously, only material type (plastic) and the number of kilos had to be reported. Under the SUP legislation, this becomes: material type (plastic), broken down by type of SUP packaging (all plastic-containing drinking cups, beverage packaging up to 3 liters, excl. cans, rigid food packaging, food bags and wrappers, lightweight carrier bags), in kilos and quantities. For PET beverage bottles, the recycled plastic used in the bottles must also be reported (in kilos).

For beverage bottles with PET as the main component, producers/importers have also had to report the percentage of recycled material used since 2023.

There is no reporting threshold for SUP packaging, whereas for other material types the threshold is 50,000 kilos. This means that even producers and/or importers who place a single piece of SUP packaging on the market fall under the legislation. As a result, many new P/Is will need to register with Verpact in order to report on their SUP packaging.
For the SUP items that must be reported, these are the separate components of a package that could end up in litter independently of one another. A plastic package with a loose lid therefore counts as 2 items under the SUP legislation.

The measures are described in detail in the Single-Use Plastic Products Decree and the Single-Use Plastic Products Regulation. Through Verpact, you comply with the EPR for packaging, the awareness measures for packaging, and the monitoring and reporting obligations.