EU packaging and waste law: the Regulation and Dutch rules
European waste law rests on two pillars: the Waste Framework Directive and the sector-specific rules for particular streams. For packaging, the old directive has been replaced by the Packaging Regulation (EU) 2025/40. That regulation has direct effect and sets requirements on design, composition and documentation. On top of that, the Netherlands operates a system of extended producer responsibility, with reporting and payment duties. Producers and importers need to know both layers.
The short answer
- The Waste Framework Directive contains the waste hierarchy, the polluter pays principle and end-of-waste status.
- That directive was revised in 2025 for textiles and food waste, by Directive (EU) 2025/1892.
- The Packaging Regulation (EU) 2025/40 entered into force on 11 February 2025 and applies largely from 12 August 2026.
- From that date, conformity obligations and limit values for PFAS in food contact packaging apply, among other requirements.
- The heavier requirements on recyclability, recycled content and reuse take effect from 2030.
- In the Netherlands, producer responsibility is governed by the Packaging Management Decree 2014 (Besluit beheer verpakkingen 2014) and the regulations made under it.
The Waste Framework Directive
The Waste Framework Directive determines what waste is and how it must be handled. Three elements matter most in legal terms.
The waste hierarchy
The order is: prevention, preparing for reuse, recycling, other recovery and finally disposal. Member States and competent authorities must take that order as their starting point when making rules and granting permits.
The polluter pays principle
The cost of waste management falls on the holder of the waste or on the producer of the product. This principle is the basis for extended producer responsibility.
End-of-waste status
A waste substance ceases to be waste once four conditions are met. The material is used for a specific purpose. A market or demand for it exists. The use complies with the applicable requirements. And the use does not lead to adverse effects on people or the environment. In practice this assessment is decisive for circular business models. A misjudgement results in a permit requirement and enforcement action. See also our page on environmental law.
The revision for textiles and food waste
Directive (EU) 2025/1892 amends the Waste Framework Directive on two points. First, Member States are required to introduce a scheme of extended producer responsibility for textiles. Second, binding reduction targets for food waste apply by 2030. In processing and manufacturing the target is 10%. In retail, food service and households it is 30% per head of population. Both targets are measured against the average over 2021 to 2023 inclusive.
The Netherlands already had national producer responsibility for textiles, which took effect on 1 July 2023. The European rules do call for the existing scheme to be adjusted.
The Packaging Regulation (EU) 2025/40
The old packaging directive left Member States considerable room. That produced divergent national requirements. The new regulation has direct effect in every Member State. This narrows the differences, but raises the bar.
What applies from 12 August 2026
- Manufacturers must carry out a conformity assessment and draw up a declaration of conformity.
- A technical file must be kept, containing data on material, weight and environmental effects.
- Limit values apply to PFAS in packaging that comes into contact with food.
- Every link in the chain must establish which role it performs: manufacturer, importer, distributor or authorised representative.
What follows later
The heavier requirements arrive from 2030. Packaging must then meet design requirements for recyclability, with performance grades. Minimum percentages of recycled material will apply to plastic packaging, rising further after 2040. Reuse targets are also coming for transport and beverage packaging, together with a cap on empty space in e-commerce packaging. Certain single-use packaging formats will be prohibited.
The advice is to take those requirements into account in product development now. Packaging design has a long lead time.
Producer responsibility in the Netherlands
The Dutch framework consists of the Packaging Management Decree 2014 (Besluit beheer verpakkingen 2014), the Extended Producer Responsibility Decree (Besluit regeling voor uitgebreide producentenverantwoordelijkheid) and the Packaging Management Regulation (Regeling beheer verpakkingen).
A producer includes anyone who, in the course of business, first places packaged products on the Dutch market. Anyone importing packaged products also counts as a producer. The same applies to a party selling directly to Dutch consumers from abroad. Web shops based in other Member States therefore fall within the rules as well.
| Obligation | Explanation |
|---|---|
| Registration | Affiliation with the producer organisation that handles collective implementation. |
| Reporting | Producers above the threshold of 50,000 kilograms per year file an annual return. |
| Waste management contribution | Below the threshold an exemption applies in principle, except for certain single-use plastic products. |
| Deposit return | Mandatory for plastic drinks bottles up to three litres and for metal drinks containers. |
| Collection | Accessible collection points must be available throughout the year. |
The roles in the chain
The regulation allocates obligations by role. That is new compared with the old framework and calls for a deliberate choice.
- Manufacturer. Bears primary responsibility for conformity. Draws up the technical file and applies the required markings.
- Importer. Places packaging from third countries on the market and must verify that the manufacturer has complied with its obligations.
- Distributor. Checks that the required markings are present and that producer responsibility has been discharged.
- Authorised representative. Represents a manufacturer established outside the Union and is the point of contact for the supervisory authority.
A party that has packaging designed under its own brand qualifies in principle as a manufacturer. That is a heavier position than that of distributor. Record in purchasing contracts who supplies which documentation, and within what period.
Overlap with other rules
Packaging rarely falls under a single instrument. In practice several frameworks apply at once.
- The rules on single-use plastic products, which have their own prohibitions and marking requirements.
- Food law on materials that come into contact with food.
- Chemicals law, including the restrictions on PFAS.
- The rules on sustainability claims. A statement such as recyclable or compostable must be demonstrably correct from 27 September 2026. See greenwashing and environmental claims.
Enforcement and liability
The Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport) supervises the rules on packaging and plastic products. Enforcement proceeds through administrative instruments such as an order subject to a penalty payment. Non-compliance can also have consequences under civil law. Customers frequently stipulate compliance warranties and can claim damages or rescind the contract if there is a breach.
Keep this point in mind in acquisitions. Unpaid waste management contributions and incorrect returns are a real item in due diligence.
Frequently asked questions
Does the Packaging Regulation apply to my web shop as well?
Yes, if you place packaged products on the European market. Distance selling to consumers in the Netherlands also falls under Dutch producer responsibility.
What is the difference between a directive and a regulation?
A directive must first be transposed into national law. A regulation has direct effect. The Packaging Regulation therefore needs no transposition and applies immediately.
When does my residual stream stop being waste?
Only once all four end-of-waste criteria are met. The view of the competent authority is decisive here. Have this assessed before you trade a residual stream as a raw material.
Would you like to know whether your packaging, residual streams or terms of supply meet the current framework? Our environmental law solicitors in Eindhoven and Amsterdam will gladly assess this for you, in Dutch or in English.
