Requirements for packaging

Do you make, buy, or sell packaging? In the Netherlands there are rules you must comply with. As a manufacturer or importer of packaging or packed products, you are responsible for managing the packaging until the waste phase. This is called extended producer responsibility. You must comply with the rules under the 2014 Packaging Management Decree (Besluit Beheer Verpakkingen).

What is considered packaging?

There are different types of packaging:

• composite packaging, made of several materials (samengestelde verpakkingen)
• drink cartons, for instance for beverages, soups, and sauces
• elements such as spouts, labels, caps, and dosage caps that are part of the packaging
• single-use logistics resources (logistieke hulpmiddelen), such as pallets and glass trolleys. You need to register these with producer organisation Verpact only if they are meant for single-use. You can use the Dutch-language PackTool to register the packaging and single-use handling aids
• takeaway packaging, such as carrier bags, chip trays, and pizza boxes
• envelopes larger than the standard C5 envelope
• coffee pads and teabags
• multiple use packaging, such as returnable glass pots
• company packaging (bedrijfsverpakkingen). This is packaging used by companies and is meant to be disposed of in the company waste
• special packaging, so-called exotic items, such as syringes, non-refillable pens, non-refillable lighters, and ink cartridges

Is my product packaging?

You can check in Verpact's packaging catalogue if your product is considered packaging. And if you must pay a packaging waste management fee.  

If you bring packaging onto the Dutch market you need to be able to show:

• the weight of the packaging
• the materials from which it is made

Takeaway packaging

Takeaway packaging is provided by shopkeepers to consumers and includes carrier bags, paper bags, chip trays, gift wrap, and packing paper. Shopkeepers that provide takeaway packaging with their name or logo on it are subject to the same obligations that apply to producers and importers.

Sustainable packaging under the PPWR

Businesses that manufacture, purchase, sell, or use packaging must ensure that the packaging is sustainable. This is set out in the European Packaging and Packaging Waste Regulation (PPWR). 

You must determine what role your business plays in the packaging chain (in Dutch). You may have more than one role. The obligations that apply depend on your business’s specific role in the packaging chain. 

Are you a manufacturer? If so, you must:

• complete a conformity assessment for each type of packaging and draft a conformity statement
• draft and keep a packaging dossier, which includes information on, for example, the material, weight, and environmental impact 

A conformity assessment is a mandatory step-by-step process that you must follow to comply with the European sustainability requirements of the PPWR. The conformity statement is the document that proves the packaging meets these requirements. You must be able to show the packaging dossier at any time if the Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport, ILT) requests it.

Packaging of food products

The Packaging and Materials (Commodities Act) Decree (Warenwetbesluit verpakking en gebruiksartikelen) contains rules on safe packaging and materials that come into contact with food. You are only allowed to use packaging materials that are listed in the appendix to this decree (Bijlage bij Warenwetregeling verpakkingen en gebruiksartikelen, in Dutch). Labels are required on pre-packaged foods. The packaging must show proper quantity information that is not misleading. This could be the net quantity, with or without the e-mark.

Packaging that comes in contact with food, must not contain more than the set maximum amount of harmful PFAS substances (in Dutch). 

Recycling and collecting

Manufacturers and importers are responsible for the waste from packaging and packed products they bring onto the Dutch market from abroad (extended producer responsibility). This also applies to showroom packaging with your name and logo on it. You must comply with these rules (in Dutch):

• minimise the production of packaging materials
• make packaging materials suitable for recycling and collection
• pay for and organise the collection and recycling of packaging materials
• recycle more packaging materials every year
• minimise the amount of hazardous and dangerous substances in the packaging materials
• maximise the amount of recycled material used in new packaging
• give the packed product the longest possible shelf life
• minimise the amount of litter produced

Packaging waste management contribution and reporting duty

Do you bring 50,000 kilograms or more of packaging material onto the Dutch market in a calendar year? Then you must:

• pay the packaging waste management contribution to Verpact. Each year, you must report the quantity of packaging you bring onto the Dutch market.
• every year before 1 August, submit a report through producer organisation Verpact in which you state your measures to prevent and recycle packaging material. You must create the report using the form in Appendix 1 to the Reporting on Packaging Regulation (in Dutch).