Why measures against single-use plastics?
Plastic has many useful properties. But plastic waste is increasingly ending up in the oceans and seas (plastic soup). This can make fish and other marine animals ill. With the new Single-Use Plastics (SUP) guidelines, the European Union wants to reduce the plastic soup. The rules relate to the products that wash up most on European beaches. Good, affordable alternatives already exist for those.
Rules for disposable plastic cups and food packaging
Rules will be introduced for the use of disposable plastic cups and food packaging.
- Customers will have to pay for disposable plastic cups and food packaging when they take out or have food or drink delivered.
- For on-site use, there will be a complete ban on disposable plastic cups and food packaging.
Healthcare institutions and closed mental institutions are still allowed to use disposable plastic cups and food packaging due to safety and hygiene regulations.
The rules will come into effect in stages:
From 1 July 2023, you may no longer give single-use plastic disposable cups and food packaging to your customer for free. You must also offer a reusable alternative to your customer. This can be, for example, a cup or packaging that the customer brings with them. Or a cup or packaging that can be returned.
You can decide how much your customer has to pay for a cup or packaging. The government uses these amounts as a guideline:
- €0.25 for cups
- € 0.50 for a meal (this can consist of several packagings)
- €0.05 for pre-packaged vegetables, fruit, and nuts, and portion packs
Do you sell disposable plastic cups and food packaging that the customer can eat or drink from, through a supermarket? Then the rule also applies that the customer has to pay for the cup or food packaging.
From 1 January 2024, you may no longer offer disposable plastic cups and food packaging in places where they are used directly. You can also no longer use paper cups with a plastic coating.
Exception
There is a limited exception for products that can be recycled into cups or food packaging. These are, for example, cups or food packaging made of PET. If you want to make use of this exception, you must register with the Human Environment and Transport Inspectorate. You also have to collect the used material yourself and offer it for high-quality recycling.
Disposable plastic rules for producers
Since 2021 you are no longer allowed to market specific disposable plastic products. In the coming years, more rules regarding disposable plastic will come into effect. You can read which rules apply to producers in the infographic and on this page.
Ban on single-use products
Since 3 July 2021, you are no longer allowed to market products made of disposable plastic in EU member states. This applies to products made entirely or partially of plastic.
- plates
- cutlery
- stirrers
- straws – except for medical use
- cotton tips – except for medical use
- balloon rods – except for professional or industrial use
- food packaging, cups, and beverage containers made of polystyrene foam
- all products made of oxo-degradable synthetics (plastic that breaks down in contact with sunlight, heat, or air)
Are you not sure whether your product falls under the ban? Check the Single-Use Plastics Decision Tree (in Dutch) offered by the Netherlands Institute for Sustainable Packaging (Kennisinstituut Duurzaam Verpakken, KIDV).
Marking with information on plastic
Since 3 July 2021, you have to print a marking on the item or on the packaging of certain products. The marking states:
- in which wastebin the product belongs;
- that it contains plastic;
- the environmental consequences of littering.
You must print a marking on this product:
- disposable cups.
For the following products, you must print a marking on the packaging:
- wet wipes;
- tampons and tampon applicators;
- sanitary towels;
- tobacco products with filters and loose filters for tobacco products.
Use the standard markings. You can find the standard markings in various languages on the website of the European Commission.
For products that you market before 4 July 2022, you may also apply the marking by means of a sticker on the product or the packaging. After that, you must print the marking directly on the product or packaging.
Producer responsibility
Extended producer responsibility (EPR) will apply to a number of products. This means that you will have to contribute to the collection of waste and the clearing up of litter if you are a producer of such products. The EPR will enter into force in phases, starting 5 January 2023. The precise terms of this scheme are still under discussion.
EPR as of 5 January 2023:
- Tobacco products with filters
- Single-serve food packaging
- Disposable cups
- Bags and wrappers
- Light plastic carrier bags
- Beverage containers
EPR as of 31 December 2024:
- Balloons
- Fishing gear
- Wet wipes
Rules for bottles and beverage containers
For beverage containers, the caps must remain attached to the container during use. This rule will come into force on 3 July 2024.
This does not apply to:
- bottles and beverage containers for medical use;
- bottles and beverage containers with a capacity of more than 3 litres.
From 2025: bottles made of recycled material
- From 2025, 25% of the material of a PET (polyethylene terephthalate) bottle must consist of recycled material.
- From 2030, 30% of the material of all bottles must be recycled material.
The exact date for these rules to come into force is not yet known. The European Committee for Standardization is still working out exactly what requirements the products will have to comply with.
Deposits on small plastic bottles
Since 1 July 2021, there is a deposit on small plastic bottles. Visit statiegeldnederland.nl (in Dutch) for instructions on how to prepare for this as a producer.
Frequently asked questions
Plastics are:
- All polymers that do not occur naturally.
- Natural polymers that have been chemically modified.
This definition includes products made from bio-based and biodegradable plastics. And products (such as wet wipes) made from viscose.
The European Commission is working on a guide to help you assess whether products are made of plastic. This guide will be available on Business.gov.nl as soon as it is published.
When a product is not conceived, designed, or marketed to be used more than once. For example, when it is not sturdy enough to be cleaned for reuse. Or the product is not dishwasher safe.
Since 3 July 2021, you may not market these products in the Netherlands. You may still sell or use existing stocks if you have a store or wholesaler. This is because these products have effectively already been put on the market. Orders you have already placed also fall under existing stock.
There is no deadline for clearing your existing stock. However, you must be able to prove that it actually is existing stock. For example, with an order list or invoice.
Are you an importer or manufacturer? Then the legal measures will apply to your stock after 3 July 2021. This is because such stock has not yet been put on the market at that time.
What does 'put on the market' mean?
Are you uncertain whether you are placing a product from your stock on the market for the first time? The EU Blue Guide explains in chapter 2.2 what ‘making available on the market’ means. Please note that the Blue Guide refers to what it means to make a product available on the EU market. This law refers to making available on the market of the specific member state.
This law also applies to products that are partially made of plastic. For example, because they have a plastic coating. Check which measures apply to the product if it is partially made of plastic.
This law also applies to single-use products made of recycled plastic. Recycling plastic is good for the environment. By reusing it, you emit less CO2. But recycled plastic does not decompose in nature either. So, the problems it causes in nature and in the sea are the same as with ordinary plastic. When you use recycled plastic, also check the measures that apply to that product.
This law also applies to single-use products made from bioplastics (bio-based or biodegradable). There are many types of bioplastics. For example, plastic made from corn, corn stalks, or sugar cane. It may be better for the environment to use non-fossil raw materials. But bioplastics do not break down quickly enough in nature. Litter from bioplastics causes the same problems as ordinary plastic.
Ban on oxo-degradable plastics
All products made of oxo-degradable plastic were banned after 3 July 2021. These products appear to be biodegradable. This is not the case. When the plastic comes into contact with oxygen and sunlight, it breaks down into small pieces. These microplastics end up in nature and are very harmful.
As an alternative, you can choose reusable products. These are intended and made for reuse. Or you can choose single-use products without plastic.
Single-use products made of the following materials are permitted:
- paper
- wood
- other natural materials without additives or chemical modifications
These products must comply with all other European product requirements. Pay close attention to the rules for food contact materials. Materials intended to come into contact with food must meet stricter hygiene requirements. Because of their natural raw material, some bio-based products do not look like plastic, even if they are. You may only use products that consist entirely of natural polymers. In practice, additives are always used for bioplastics. That is why they also fall under the laws for single-use plastics.
Some products on the market are made of water-repellent paper. Check whether such a product meets the product requirements for food contact materials.
Are you doubting whether a product is permitted as an alternative? The Netherlands Institute for Sustainable Packaging (KIDV) can inform you about packaging materials.
Plastic tableware containing bamboo banned
The sale of plastic tableware with bamboo as a filling agent is not permitted. Read more about bamboo tableware (in Dutch).
For single-use cups, the marking should be printed on each cup. For tobacco and hygiene products, the marking should be on the (primary) packaging. Packaging smaller than 10 cm2 does not need to be marked.
Yes. You can find the standard markings in different languages on the website of the European Commission. You print the marking in the language of the member state where the product will be marketed. If you market the products in several member states, apply the markings in each of the relevant languages.
Yes, because the product is partially made of plastic.
Do you have questions about the SUP directive? Email your question to the Ministry of Infrastructure and Water Management: SUP@minienw.nl. Or call the Waste Management Helpdesk of Rijkswaterstaat.
