Dutch entrepreneurs must comply with stricter European packaging requirements from August 12, 2026, through the Packaging and Packaging Waste Regulation (PPWR). All packaging must be recyclable, contain recycled material, and meet strict migration limits. Violations result in fines and sales bans throughout the EU.
The new packaging regulation requires businesses to structurally adjust their packaging strategy. Additionally, existing Dutch rules from the Commodities Act Decree on packaging and consumer products remain in force for product contact with food items.
What Are the Key Changes Under Dutch Law from 2026?
The PPWR introduces five core obligations that fundamentally transform your packaging requirements. This European regulation applies directly in all member states, meaning Dutch entrepreneurs cannot avoid compliance.
Full Recyclability from August 2026
From August 12, 2026, only recyclable packaging may be placed on the Dutch market. This applies to all material types: plastic, cardboard, metal, and glass. The District Court of Amsterdam can impose sales bans for non-compliance that paralyze your entire business operations.
Ban on Multi-Layer Packaging from 2030
Packaging consisting of multiple non-separable layers such as plastic combined with aluminum becomes illegal from 2030. Consider commonly used bags for dry food or pouches for wet food. Entrepreneurs must switch to single-material packaging now to prevent fines.
Mandatory Recycled Plastic in Packaging
From 2030, new plastic packaging such as bottles and containers must contain a specified percentage of recycled material. The exact percentages vary by application area but typically range between 25% and 50%. Court filing fees for objection procedures start from €127 when suppliers file claims.
Maximum 50% Empty Space in Shipping Boxes
For online retailers, a strict requirement applies: empty space in shipping boxes may not exceed 50%. Bailiffs can seize non-compliant inventory upon repeated violations. This requires precise coordination between product and packaging dimensions.
PFAS Ban from August 2026
Certain PFAS chemicals that make paper packaging grease- or waterproof are prohibited from August 12, 2026, in materials contacting food. The Commodities Act Decree sets additional Dutch migration limits according to Article 3:296 of the Dutch Civil Code regarding limitation periods for claims.
Which Netherlands Legislation Remains Applicable in Parallel?
Alongside the PPWR, Dutch rules from the Commodities Act Decree on packaging and consumer products remain in force. This legislation specifically focuses on product safety for food contact.
Migration Limits for Food Contact
The Commodities Act Decree sets strict limits on substances that may migrate from packaging into food. For paper and cardboard, the total migration limit is maximum 60 mg per kg of food, multiplied by relevant conversion factors. Specialist lawyers in the Netherlands advise preventive testing before market introduction.
The specific migration limit (SML) for individual substances varies significantly. Formaldehyde, for example, has a limit of 15 mg/kg, while primary aromatic amines must not be detectable (detection limit 0.002 mg/kg). Courts often apply the principle of reversal of burden of proof for violations.
Permitted Substances per Material Category
The Commodities Act regulation contains exhaustive lists of permitted substances for different material categories. For plastics, it refers to Regulation (EU) No. 10/2011, supplemented with national exceptions. Paper and cardboard have specific lists of permitted auxiliaries such as plasticizers, preservatives, and optical brighteners.
Important: Substances not on these lists may only be used if their migration remains below 0.01 mg/kg and they are not mutagenic, carcinogenic, or toxic for reproduction. Legal advice on specific applications prevents proceedings at the District Court of Amsterdam.
Declaration of Compliance Required
A written declaration of compliance is mandatory for all trade stages except retail. This must contain information about substances used, migration limits, and conditions of use. For cross-border trade, the Netherlands Food and Consumer Product Safety Authority requires these documents within 14 days of request.
How Do I Prepare My Business for 2026 Under Dutch Law?
Successful compliance requires a phased approach starting at least 18 months before the deadline. CBS statistics show that 75% of businesses acting proactively receive no fines.
Analyze Your Current Packaging Portfolio
Inventory all packaging materials your enterprise uses or produces. Determine per item whether it meets recyclability requirements, material composition, and migration limits. Specialist contract law lawyers in the Netherlands can preventively review supplier agreements for liability distribution.
Document for each packaging type:
- Material composition (single-material or multi-layer)
- Percentage of recycled material
- PFAS presence in paper/cardboard
- Supplier certificates regarding compliance
- Existing declarations of compliance
Discuss Adjustments with Your Supply Chain
Contract timely with suppliers about necessary material modifications. Legal disputes about who bears investment costs often result in procedures lasting 6 months. Specify in supplementary agreements who is liable for non-compliance and resulting claims.
Most suppliers offer alternative solutions. Request information about:
- Single-material alternatives for multi-layer packaging
- Materials with increased percentage of recycled content
- PFAS-free coatings for paper packaging
- Packaging formats that minimize empty space
- Conformity certificates according to PPWR requirements
Implement New Procedural Requirements
From 2026, stricter administrative obligations apply. All producers receive extended responsibility for collection and processing of packaging waste. This requires registration with Dutch waste systems and periodic reporting on produced volumes.
Do you want certainty about your legal position when implementing PPWR requirements? Our specialized lawyers in Amsterdam analyze your packaging situation and advise on optimal compliance strategies that prevent fines and proceedings.
What Are the Sanctions for Non-Compliance in the Netherlands?
Dutch and European authorities actively enforce PPWR rules with substantial sanctions. The average fine for packaging violations amounts to €15,000 but can reach €200,000 for repeated violations.
Administrative Fines and Sales Bans
The Netherlands Food and Consumer Product Safety Authority (NVWA) primarily imposes penalty payments for violations. This penalty typically amounts to €5,000 per week with a maximum of €50,000. Additionally, the NVWA can impose direct sales bans for non-compliant products.
For cross-border trade, authorities in other EU member states can also enforce. German and French inspection services are known for strict controls, with fines up to €200,000 possible. Legal assistance in the Netherlands helps with objection procedures against foreign fines.
Liability in the Chain According to Dutch Legislation
The PPWR introduces the principle of producer responsibility: whoever places packaging on the market bears final responsibility. This also applies when reselling or using third-party packaging. Contractual provisions about liability distribution offer limited protection when authorities enforce.
Creditors can file claims for non-compliance for:
- Product liability for migration above limits
- Breach of contract for delivery of non-compliant packaging
- Unfair competition against compliant businesses
- Reputational damage from public disclosure of violations
Criminal Prosecution for Intentional Violations
For intentional violation of packaging rules with health risks, the Public Prosecution Service may prosecute criminally. The Supreme Court has confirmed in previous rulings that entrepreneurs have a duty of care for product safety. Penalties range from community service to prison sentences of maximum 6 years for gross negligence.
What Opportunities Does PPWR Compliance Create in the Netherlands?
Proactive compliance creates competitive advantages in the Dutch and European market. Research shows that 85% of consumers prefer sustainable packaging, which increases brand value.
Uniform Rules Throughout the EU
Because PPWR is a European regulation, identical rules apply in all 27 member states. This makes cross-border trade more transparent than with national legislation. Once compliant packaging can be sold without modifications in France, Germany, and Belgium.
Increased Demand for Sustainable Products
Customers increasingly value transparency about packaging choices. Actively communicating about PPWR compliance strengthens your market position. Specialist product liability lawyers advise on legally sound sustainability claims that are not misleading.
Cost Savings Through Material Optimization
The requirement to limit empty space leads to more efficient material use and lower logistics costs. Companies optimizing packaging formats report average cost savings of 20% on transport. Legal guidance during supplier negotiations maximizes these benefits.
Contact our law firm in the Netherlands for personal legal advice about your specific packaging situation and PPWR compliance. Our expertise in Dutch and European packaging law protects your enterprise against fines and proceedings.
