Single-use plastics: these are the rules

Plastics are:

• All polymers that do not occur naturally.
• Natural polymers that have been chemically modified.

This definition also includes products made from biobased and biodegradable plastics. And products (such as wet wipes) made from viscose.

The European Commission has published a manual that Member States can use to assess if products are made of plastic.

If a product is not made, designed, or marketed for reuse. For example, it is not sturdy enough to clean for reuse. Or the product cannot be put in the dishwasher.

The products that are prohibited from 3 July 2021 may no longer be offered on the market in the Netherlands from that moment on. You may still sell or use existing stocks if you have a shop or are a wholesaler, as these products have already been put on the market. Orders that you have already placed also fall under existing stock.

There is no end date by which your existing stocks must be finished. But you must be able to demonstrate that it actually concerns existing stock. For example, with an order list or invoice.

Are you an importer or producer? Then the statutory measures apply to your stock since 3 July 2021. You are no longer allowed to sell this stock, since it had not yet been offered on the market at that time.

Yes, you may sell disposable plastic cups. The cups must have a mandatory marking. The marking makes it clear that the cup is plastic and does not belong in the environment. Disposable cups made of polystyrene foam (EPS) or oxo-degradable plastics are banned. Since 2023, you are not allowed to give customers disposable plastic cups for free at pick-up and delivery. And since 2024, you are no longer allowed to offer single-use plastic cups in places where drinks are consumed on site, such as offices and snack bars.

Since 1 January 2023, extended producer responsibility for disposable plastic cups applies. This means that producers contribute to the collection of the cups and the prevention of litter.

The legislation also applies to products that are partly made of plastic. For example, because they have a plastic coating. Check which measures apply to the product if it partly consists of plastic.

The rules also apply to disposable products made from recycled plastic. Recycling plastic is good for the environment. By recycling you emit less CO2. But recycled plastic does not degrade in nature either. So, the problems it causes in nature and the sea are the same as with ordinary plastic. Check which measures apply to the product when using recycled plastic.

The rules also apply to disposable products made from bioplastics (biobased or biodegradable). There are many types of bioplastics. For example, plastic made from corn, grain stalks, or sugar cane. It may be better for the environment to use non-fossil raw materials. But bioplastics do not break down fast enough in nature. So, bioplastic litter causes the same problems as regular plastic.

These products appear to be biodegradable. But this is not the case. When the plastic comes into contact with oxygen and sunlight, it breaks down into small pieces. These microplastics end up in nature and are very harmful. For this reason, all oxo-degradable plastic products have been banned since 2021.

As an alternative, you can opt for reusable products. These are intended and made for reuse. Or you choose disposable products without plastic.

Disposable products that are allowed are made from:

• paper,
• wood, or
• other natural materials without additives or chemical changes.

These products must meet all other European product requirements. Pay close attention to the rules for food contact materials. Materials intended to come into contact with food must meet stricter hygiene requirements.

Some products made from biobased materials do not resemble plastic due to the natural raw material, but are in fact plastic. You may only use products that consist entirely of natural polymers. In practice, additives are always used for bioplastics. That is why they fall under the legislation for disposable plastic.

There are also products made of water-repellent paper. Make sure to check whether such a product meets the requirements for food contact materials.

Are you not certain if a product is allowed as an alternative? The Netherlands Institute for Sustainable Packaging KIDV can inform you about materials for packaging.

For drinking cups, you must imprint the marking on each cup. For tobacco products and hygiene products, print the marking on the (primary) packaging. You do not need to mark packages smaller than 10 cm2.

Yes. You can find the standard markings in different languages ​​on the website of the European Commission. You print the marking in the language of the Member State where the product is marketed. This can also be in several Member States and several languages.

Yes. The product is partly made of plastic.

Do you have questions about the SUP legislation? Email your question to Afvalbeheer@RWS.nl. Or contact the Helpdesk Waste Management of Rijkswaterstaat.