Single-use plastics: rules for producers and hospitality
Directive (EU) 2019/904 restricts the use of single-use plastic products. Some products are banned. Others must carry a marking or fall under extended producer responsibility. The Netherlands has implemented the directive in a decree and a ministerial regulation, with its own rules for disposable cups and food containers. Since 2023 and 2024 a separate regime applies to the hospitality sector, caterers, offices and events. The Packaging Regulation is added on top of this from 2026.
The short answer
- Since 3 July 2021, plastic cutlery, plates, straws, stirrers, cotton bud sticks and certain polystyrene packaging have been banned, among other items.
- Since 3 July 2024, caps and lids on beverage containers of up to three litres must remain attached.
- Certain products must carry a marking informing the consumer about the waste stage.
- Producers bear the cost of collection, litter clean-up and awareness campaigns.
- Minimum percentages of recycled material and collection targets apply to PET bottles.
- In the Netherlands, additional rules for disposable cups and food containers have applied since 1 July 2023 and 1 January 2024.
What the directive regulates
The directive takes a product-by-product approach. Each category attracts a different instrument. That explains why some products are banned outright while others need only a label.
Banned products
Since 3 July 2021 a market ban has applied to a series of products.
- Cutlery, plates, straws and stirrers.
- Cotton bud sticks and balloon sticks.
- Food containers and drinks cups made of expanded polystyrene.
- Products made of oxo-degradable plastic.
The ban concerns placing on the market. Stock already held by the end user need not be destroyed.
Design requirements
Since 3 July 2024 a design requirement applies to beverage containers of up to three litres. The cap or lid must remain attached to the container during intended use. This is a hard product standard. Non-conforming containers may not be traded.
Recycled content and collection
A minimum share of recycled plastic applies to PET beverage bottles. From 2030 a higher percentage applies to all beverage bottles within the scope of the directive. Separate collection targets apply as well, rising to 90% in 2029. The Netherlands gives effect to these through its deposit return system.
Markings
Sanitary towels, tampons, wet wipes, tobacco filters and drinks cups must carry a visible, legible and indelible marking. That marking informs the user about correct disposal and about the presence of plastic.
Extended producer responsibility
Producers of certain single-use plastic products bear the cost of collection, treatment, litter clean-up and public information. This follows from the polluter pays principle.
One Dutch feature deserves attention here. A general exemption exists for producers placing fewer than 50,000 kilograms of packaging on the market each year. That exemption does not apply to single-use plastic products. Small players therefore contribute too.
The Dutch rules on cups and food containers
Alongside the European rules, the Netherlands has its own regime for disposable cups and food packaging containing plastic. That regime is set out in the Single-Use Plastics Decree and Regulation (Besluit en Regeling kunststofproducten voor eenmalig gebruik).
| Situation | Rule | Since |
|---|---|---|
| Takeaway and delivery | The customer pays a separate charge for the disposable cup or food container containing plastic. A reusable alternative must be offered. | 1 July 2023 |
| Consumption on the premises | In hospitality venues, offices, institutions and at events, reusable tableware is in principle the norm. | 1 January 2024 |
Following an evaluation in 2024, parts of the rules were amended. The government has announced that the compulsory surcharge for disposable cups and containers will be abolished in due course. Always check the current text of the regulation before you change your working practice.
Overlap with the Packaging Regulation
From 12 August 2026 the Packaging Regulation (EU) 2025/40 applies for the most part. That regulation sets its own requirements on packaging design, conformity documentation and substances, including limit values for PFAS in food contact packaging. From 2030, requirements on recyclability, recycled content and reuse are added.
The two regimes exist side by side. A cup may fall under the marking requirement of the directive and under the design requirements of the regulation at the same time. Read further in our piece on European packaging and waste law.
Why these rules exist
Plastic is cheap, light and durable in use. It is precisely that durability that makes it problematic as waste. Disposable items are used briefly and remain in the environment for a long time. A significant share of beach litter consists of single-use plastics and fishing gear.
The European legislature therefore chose not one general ban but a layered approach by product group. Where a reasonable alternative exists, a ban applies. Where it does not, the instruments are consumption reduction, design requirements, markings or cost recovery.
Points to watch in contracts
Most disputes arise not with the regulator but between supplier and customer. Three points deserve attention in your agreements.
- Conformity warranty. Have the supplier warrant that the products delivered comply with the directive, with the Dutch regulation and with the Packaging Regulation. Ask for the technical file.
- Indemnity. Settle who bears the cost of a recall, an order subject to a penalty payment or a fine. Without an arrangement, that risk quickly rests with you as the party placing the product on the market.
- Changes in regulation. The requirements tighten in stages up to 2030 and beyond. Record who bears the cost of adaptation and whether the price may be revised.
Supervision and enforcement
The Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport) supervises compliance. It may impose an order subject to a penalty payment and, in serious cases, an administrative fine. The Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt) also reviews claims about packaging. A statement such as plastic free or compostable must be accurate and substantiated. Stricter rules apply on that point from 27 September 2026, under Directive (EU) 2024/825. See greenwashing and environmental claims.
Practical steps
- Map which of your products or packaging fall within the scope of the directive.
- Check markings, caps and material composition with your supplier.
- Record in purchasing contracts that the packaging delivered meets the applicable requirements, with an indemnity.
- Assess whether you are subject to reporting and payment duties towards the producer organisation.
- Align your communications and your menu with the rules on cups and containers.
Frequently asked questions
May I still use paper cups with a plastic coating?
Those cups contain plastic and therefore fall within the rules. They are not banned, but they are subject to the marking and cost rules and to the Dutch rules on disposable cups.
Does the ban also cover my existing stock?
The ban concerns placing on the market. Products lawfully held by an end user need not be destroyed. Reselling non-conforming stock is, however, prohibited.
Who is the producer: my supplier or me?
That depends on who first places the product on the Dutch market. A party that has goods made under its own brand, or imports them, is in principle the producer and carries the accompanying obligations.
Would you like certainty about your obligations or about the contracts with your suppliers? The environmental law solicitors at Law & More in Eindhoven and Amsterdam are glad to help, in Dutch or in English.
