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The EU Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) 2025/40) has applied in the Netherlands since 12 August 2026 (Article 71). Since then, food-contact packaging may not exceed PFAS limit values (Article 5(5)). Most design requirements follow later: recyclability and minimum recycled content from 2030 (Articles 6 and 7). Each member state sets its own penalties (Article 68).
The new packaging regulation requires businesses to adjust their packaging strategy. Dutch rules also continue to apply, in particular the Packaging and Consumer Articles (Commodities Act) Decree (Warenwetbesluit verpakkingen en gebruiksartikelen) for materials in contact with food, and the Packaging Management Decree 2014 (Besluit beheer verpakkingen 2014) for producer responsibility.
What Are the Key Changes Under Dutch Law from 2026?
The PPWR introduces five key obligations for packaging, which take effect at different dates. As an EU regulation, it applies directly in all member states without national implementation.
When must packaging be recyclable?
All packaging placed on the market must be recyclable (Article 6(1) PPWR). From 1 January 2030, or 24 months after the Commission’s delegated acts enter into force if that is later, packaging may only be placed on the market if it falls within recyclability performance grade A, B or C; from 1 January 2038 only grade A or B is allowed (Article 6(3)). From 2035, packaging must also be “recycled at scale” (Article 6(2)). This applies to all materials, including plastic, cardboard, metal and glass, with exceptions for certain packaging such as some medicinal and medical device packaging (Article 6(11)).
Is multi-layer packaging banned from 2030?
The PPWR does not contain an explicit ban on multi-layer packaging. However, from 2030 multi-layer packaging, such as plastic combined with aluminium, must reach the recyclability grades like all other packaging (Article 6(3) PPWR). Integrated components are assessed together with the packaging unit (Article 6(9)). This can be difficult for bags for dry pet food or pouches for wet food, so it is wise to explore recyclable alternatives in good time.
How much recycled plastic must packaging contain?
From 1 January 2030, or three years after the Commission’s implementing act on the calculation method if that is later, every plastic part of packaging must contain a minimum share of recycled content from post-consumer plastic waste: 30% for contact-sensitive PET packaging, 10% for other contact-sensitive plastic packaging, 30% for single-use plastic beverage bottles and 35% for other plastic packaging (Article 7(1) PPWR). From 2040, these shares rise to 50%, 25%, 65% and 65% (Article 7(2)). Exceptions apply, for example to compostable plastic packaging and to plastic parts below 5% of the total weight of the packaging unit (Article 7(4) and (5)).
How much empty space is allowed in shipping boxes?
Economic operators that fill grouped packaging, transport packaging or e-commerce packaging must ensure that the empty space ratio is no more than 50%. This applies from 1 January 2030, or three years after the Commission’s implementing acts if that is later (Article 24(1) PPWR). This requires careful matching of product and packaging dimensions.
What applies to PFAS in food packaging since August 2026?
PFAS are used, for example, to make paper packaging grease- or waterproof. Since 12 August 2026, food-contact packaging may not be placed on the market if it contains PFAS at or above 25 ppb for any single PFAS, 250 ppb for the sum of PFAS, or 50 ppm for all PFAS including polymeric PFAS (Article 5(5) PPWR). Compliance must be shown in the technical documentation (Article 5(6)).
Which Netherlands Legislation Remains Applicable in Parallel?
Alongside the PPWR, the rules on food-contact materials continue to apply. Under the EU framework regulation, materials must not transfer their constituents to food in quantities that could endanger health, change the food’s composition unacceptably or affect its taste or smell (Article 3 Regulation (EC) No 1935/2004). In the Netherlands, the Packaging and Consumer Articles Decree also requires packaging to be made of materials designated by the Minister and not to present a health risk (Article 3 Warenwetbesluit verpakkingen en gebruiksartikelen).
Migration Limits for Food Contact
For plastics, Regulation (EU) No 10/2011 sets an overall migration limit of 10 mg of total constituents per dm² of food contact surface, or 60 mg per kg of food simulant for materials and articles intended to come into contact with food for infants and young children (Article 12 Regulation (EU) No 10/2011). For materials without specific EU rules, such as paper and board, the Dutch Minister can set rules on the migration of constituents (Article 4 Warenwetbesluit). Testing before market introduction is therefore advisable.
Specific migration limits (SML) for individual substances vary significantly. For plastics, they are set per substance in the Union list in Annex I to Regulation (EU) No 10/2011 (Article 11). Check the applicable limits for each substance with your supplier and a testing laboratory.
Permitted Substances per Material Category
For plastics, only substances on the Union list may be used, subject to specific exceptions (Article 5 Regulation (EU) No 10/2011). For other materials, such as paper and board, the Dutch Packaging and Consumer Articles Regulation (Warenwetregeling verpakkingen en gebruiksartikelen) contains lists of permitted substances; that regulation is based on Articles 3(1)(a) and 4 of the Decree (Article 8 Warenwetbesluit).
Important: whether a substance that is not listed may still be used depends on the specific rules for the material, for example in multi-layer plastic packaging. Obtain advice for specific applications before market introduction.
Declaration of Compliance Required
For plastic materials, a written declaration of compliance must be available at all marketing stages other than retail (Article 15 Regulation (EU) No 10/2011). Where specific EU measures apply, materials must be accompanied by such a declaration, and supporting documentation must be made available to the competent authorities on request (Article 16 Regulation (EC) No 1935/2004). In the Netherlands, these are supervised by the Netherlands Food and Consumer Product Safety Authority (NVWA).
How Do I Prepare My Business for the New Packaging Rules?
Successful compliance requires a phased approach. The PFAS limits already apply; for recyclability, recycled content and empty space, 2030 is the first key date.
Analyze Your Current Packaging Portfolio
Inventory all packaging your business uses or produces. Determine for each item whether it meets the recyclability, recycled content and food-contact requirements. Compliance must be shown in the technical documentation (Articles 5(6), 6(9) and 7(6) PPWR). Specialist contract lawyers in the Netherlands can review supplier agreements for the allocation of liability.
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
Agree with suppliers in good time on the necessary material changes. Disputes about who bears the investment costs can be lengthy. 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
Extended producer responsibility for packaging already applies in the Netherlands. Under the Packaging Management Decree 2014, producers and importers must ensure that a minimum percentage of their packaging that has become waste is recycled (Article 6 Besluit beheer verpakkingen 2014). Those placing more than 50,000 kg of packaging on the market per year must report annually (Article 8). Under the PPWR, producers’ fees will be modulated according to the recyclability grade of their packaging (Article 6(8) PPWR).
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?
The PPWR leaves penalties to the member states. They must lay down effective, proportionate and dissuasive penalties by 12 February 2027 (Article 68(1) PPWR). For the obligations on excessive packaging and re-use (Articles 24 to 29), these must include administrative fines (Article 68(2)).
Which sanctions can Dutch authorities impose?
For food-contact materials, the Commodities Act allows the Minister to impose an order under administrative enforcement (Article 32 Warenwet) or an administrative fine (Article 32a Warenwet). The authority may also impose an order subject to a penalty (last onder dwangsom, Article 5:32 Awb). There are no fixed amounts: the authority sets the penalty and a maximum in each decision, in reasonable proportion to the interest at stake (Article 5:32b Awb).
For cross-border trade, authorities in other member states can also enforce, under their own national penalty rules (Article 68 PPWR). A foreign sanction must be challenged under the law and procedures of that member state.
Liability in the Chain According to Dutch Legislation
Under the PPWR, manufacturers, importers and distributors each have their own obligations. An importer or distributor that places packaging on the market under its own name or trademark, or modifies packaging in a way that could affect compliance, is treated as the manufacturer (Article 21 PPWR). Contractual arrangements on liability do not change your obligations towards the authorities.
Customers, competitors or other injured parties may bring claims based on non-compliance, for example 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
When can packaging violations lead to criminal prosecution?
Violations of rules under the Commodities Act, such as the food-contact rules, are economic offences (Article 1, under 4°, Economic Offences Act). They are minor offences, even if committed intentionally, punishable by up to six months’ detention, community service or a fourth-category fine (Articles 2 and 6 Economic Offences Act). The Public Prosecution Service decides whether to prosecute.
What Opportunities Does PPWR Compliance Create in the Netherlands?
Proactive compliance can create competitive advantages in the Dutch and European market.
Uniform Rules Throughout the EU
Because the PPWR is a regulation, its product requirements apply in the same way in all member states. This makes cross-border trade more predictable than under national legislation. Differences remain, however, for example in deposit return systems (Article 50 PPWR) and penalties (Article 68).
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 can lead to more efficient material use and lower transport costs. Legal guidance during supplier negotiations helps you secure these benefits.
Frequently asked questions about packaging legislation in the Netherlands
When does the PPWR apply in the Netherlands?
The PPWR (Regulation (EU) 2025/40) has applied since 12 August 2026 (Article 71). Many obligations take effect later: recyclability and minimum recycled content from 2030, and the recycled-at-scale requirement from 2035 (Articles 6 and 7).
From when must packaging be recyclable?
From 1 January 2030, or 24 months after the Commission’s delegated acts enter into force if that is later. Packaging must then fall within recyclability grade A, B or C; from 1 January 2038 only grade A or B (Article 6(3) PPWR).
What PFAS limits apply to food packaging?
Since 12 August 2026, food-contact packaging may not be placed on the market if it contains PFAS at or above 25 ppb for any single PFAS, 250 ppb for the sum of PFAS, or 50 ppm including polymeric PFAS (Article 5(5) PPWR).
What recycled content is required in plastic packaging?
From 2030: 30% for contact-sensitive PET packaging, 10% for other contact-sensitive plastic packaging, 30% for single-use plastic beverage bottles and 35% for other plastic packaging (Article 7(1) PPWR). From 2040: 50%, 25%, 65% and 65% (Article 7(2)).
Who sets the fines for packaging violations?
Each member state. Member states must lay down effective, proportionate and dissuasive penalties by 12 February 2027 (Article 68 PPWR). For food-contact materials, the Dutch Commodities Act already allows administrative fines and administrative enforcement (Articles 32 and 32a Warenwet).
Primary sources
- Regulation (EU) 2025/40 on packaging and packaging waste (PPWR), in particular Articles 5, 6, 7, 21, 24, 50, 68 and 71
- Regulation (EC) No 1935/2004 on food contact materials, Articles 3 and 16
- Regulation (EU) No 10/2011 on plastic food contact materials, Articles 5, 11, 12 and 15
- Packaging and Consumer Articles (Commodities Act) Decree (Warenwetbesluit verpakkingen en gebruiksartikelen): Articles 3, 4 and 8
- Packaging Management Decree 2014 (Besluit beheer verpakkingen 2014): Articles 6 and 8
- Commodities Act (Warenwet): Articles 32 and 32a
- General Administrative Law Act (Algemene wet bestuursrecht): Articles 5:32 and 5:32b
- Economic Offences Act (Wet op de economische delicten): Articles 1, 2 and 6
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.
