The European Single-Use Plastics Directive (‘SUP Directive’) came into effect on July 3rd 2021. From 2023, this SUP Directive also governs the producer responsibility in the Netherlands. If you bring SUP packaging onto the Dutch market, the detailed information below is of high relevance for you.
What is SUP?
SUP packaging is identified based on the top 10 single-use plastic litter items found on beaches. It is an umbrella term that concerns beverage and food packaging for immediate consumption from the packaging, without further preparation, being drinking cups, beverage packaging up to three litres, dimensionally stable and flexible food packaging. Along with lightweight carrier bags, wet wipes, balloons, tobacco filters and fishing gear. It is defined by the following criteria:
- 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 bottle and drinking cups/lightweight plastic carrier bags.
Who is obliged to register?
In general, the producer or importer, who is the first to put the SUP products on the Dutch market, is obliged to register and pay the contributions for the quantities sold.
For Dutch producers, it is important to differentiate the Point of Sales Packaging with or without company name, brand or logo. Point of Sales Packaging refers to packaging intended to be filled on site, at the time of sale or added to a product. For packaging with company name, brand or logo, the brand owner is obliged to register and declare. For packaging without the before mentioned, the Dutch producer or importer is obliged to register and declare.
Does the threshold of 50,000 kilograms also apply to SUP packaging?
Companies are not obliged to register as producer of packaging in the Netherlands, if they place less than 50,000 kg of packaging (non-SUP) per year on the Dutch market. However, for the measures under the SUP Directive, there is no threshold in place. This means every producer or importer who releases 1 item of SUP packaging or more on the market has to register and report.
What to do if my company is concerned?
take-e-way now offers SUP registration services in the Netherlands. If you are obliged to register, please contact us. We will be happy to help you. Please do not hesitate to contact us if you have further questions.
take-e-way will be happy to answer your questions about WEEE, the Electrical and Electronic Equipment Act, the Batteries Act, the Packaging Act, SUP and EPR on +49/40/750687-0 or beratung@take-e-way.de and help you with registration/licensing.
For solutions on the subject of EU product labelling or packaging labelling and, in particular, disposal labelling, the trade-e-bility consulting team will be happy to assist you via beratung@trade-e-bility.de or +49/40/750687-300.
For information on our international compliance services in connection with the placing on the market of electronic devices, batteries/rechargeable batteries and packaged products or packaging, please click here: https://www.take-e-way.com/international-compliance/
