EPR in the Netherlands: obligations of e-commerce sellers

Introduction

Companies planning to sell products on the Dutch market should take into account the obligations arising from Extended Producer Responsibility (EPR). In cross-border sales, many businesses focus primarily on tax issues, such as VAT or the OSS scheme, as well as delivery logistics. At the same time, environmental regulations are often analyzed only at a later stage of operations, which can lead to compliance issues.

The Netherlands is among the nations most actively developing the circular economy model. In practice, this means that recycling and waste management regulations are treated with the utmost seriousness, and enterprises introducing products to the market are required to participate in financing their collection and processing systems.

Many sellers only learn about these obligations when a marketplace platform or a business partner requires an EPR number or proof of participation in a recycling system. This guide has been prepared for manufacturers, importers, and online sellers targeting customers in the Netherlands.

Definition of EPR

Extended Producer Responsibility (Extended Producer Responsibility - EPR) is a regulatory mechanism that shifts part of the responsibility for waste management onto the enterprises placing products on the market.

In practice, this means that a company selling packaged products or placing goods such as electronic equipment or batteries on the market must participate financially in the collection, sorting, and recycling system for waste generated at the end of these products' life cycle.

In the Netherlands, the EPR system covers several significant waste streams. In the case of online sales, this most commonly applies to:

• packaging (both product and shipping)
• electrical and electronic equipment (WEEE)
• batteries and accumulators
• textiles and clothing (EPR system in effect since 2023)

Placing such products on the market entails the obligation to register in the relevant national systems, maintain records of the quantities of products introduced, and pay fees to finance the recycling system.

Who is subject to these obligations?

A key element of the EPR system is determining which entity is considered a producer under environmental regulations. In practice, this does not always mean the company that actually manufactures the product.

In the Netherlands, EPR obligations may apply to, among others:

• producers established in the country
• importers bringing goods from outside the European Union
• enterprises acquiring products from other EU countries and placing them on the Dutch market
• distributors selling private label products
• online sellers shipping products directly to consumers in the Netherlands

In cross-border sales models, the sales structure is of particular importance. If an enterprise sells products directly to an end customer in the Netherlands and organizes their delivery to that country's territory, it may be considered the entity placing the product on the market.

Legal basis for obligations

The Extended Producer Responsibility system in the Netherlands is based on national waste management legislation and sectoral regulations covering specific product categories.

The most important regulations include, among others:

• regulations on packaging and packaging waste
• regulations on waste electrical and electronic equipment
• regulations on batteries and accumulators
• the EPR system for textiles introduced in 2023

These regulations implement the requirements resulting from European Union directives on waste management and extended producer responsibility.

Competent authority

In the Netherlands, the EPR system functions primarily through Producer Responsibility Organizations (PROs), which fulfill recycling obligations on behalf of enterprises.

The most important systems include:

• Package (formerly Afvalfonds Verpakkingen) – the system responsible for packaging
• Stichting OPEN - the system responsible for electrical and electronic equipment and batteries

These organizations manage collective recycling systems, collect data on the quantities of products placed on the market, and collect fees to finance the waste management system.

Registers

Entities placing products covered by the EPR system on the Dutch market must register in the appropriate systems managed by the relevant producer responsibility organizations.

Registration takes place separately for individual waste streams. This means that an enterprise selling various categories of products may be required to register in several systems simultaneously.

The registration process should be carried out before starting the sale of products on the Dutch market.

Main EPR obligations in the Netherlands 

Registration

Fulfillment of EPR obligations begins with identifying the product categories covered by the system and registering with the appropriate producer responsibility organizations.

This process primarily includes:

• identification of the relevant waste streams
• registration of the company in the appropriate EPR system
• submitting information on products or packaging placed on the market

After completing the process, the enterprise can begin reporting the quantities of products placed on the market.

Confirmation of registration

Upon completion of the registration process, the enterprise receives confirmation of participation in the EPR system or an identification number assigned to the given recovery organization. This document serves as proof of fulfillment of registration obligations and may be required by sales platforms before products are cleared for sale.

Reporting and recording

Entities covered by the EPR system must maintain accurate records of the quantities of products and packaging placed on the Dutch market. These data form the basis for preparing environmental reports submitted to the relevant recovery organizations.

The reporting frequency depends on the waste stream and the scale of the company's activities. In many cases, reports are submitted on an annual cycle, although in some systems, quarterly reporting is also possible.

Charges

Entities placing products covered by the EPR system on the Dutch market are obliged to finance the waste collection and recycling system. In practice, this obligation is fulfilled through participation in Producer Responsibility Organizations (PROs), which manage recycling systems for individual product categories.

Fees are calculated based on quantities of products or materials placed on the market. This means that enterprises must report the weight of products or packaging introduced in a given period, and then the amount of the recycling fee due is calculated based on this data.

Fee rates vary depending on the waste stream and the type of material. For example, in the packaging system, the amount of the fee depends on the packaging material, such as plastic, paper, glass, or metal.

Thresholds and exemptions for packaging

In the case of packaging in the Netherlands, a specific quantitative threshold applies regarding the obligation to pay fees to the packaging fund.

If an enterprise places less than 50 000 kg of packaging on the market annually, it is not obliged to pay recycling fees under the packaging system.

However, this does not mean a complete absence of obligations. Companies should still monitor the quantity of packaging placed on the market and ensure whether, in their case, registration or information obligations arise from packaging regulations.

Exceeding the 50-tonne threshold, however, results in a full obligation to participate in the packaging system, including reporting packaging weights and paying fees to the relevant producer responsibility organization.

Product and packaging labelling requirements

Dutch regulations also provide for obligations regarding product and packaging labeling. These markings are intended to facilitate waste segregation and provide users with information regarding the proper handling of products at the end of their useful life.

Najczęściej obejmują one symbole identyfikujące materiał opakowania, symbol przekreślonego kosza dla sprzętu elektrycznego oraz oznaczenia dotyczące baterii.

Information obligations for purchasers

Enterprises placing products on the Dutch market should provide users with information regarding the proper handling of waste. This information can be conveyed in the product manual, on the packaging, or via digital communication, for example, through information posted on the product page or in an e-mail sent after the purchase.

In the case of electronic equipment, "old for new"principle is of particular importance, according to which consumers have the option to return a used device when purchasing a new product.

Consequences of non-compliance

Non-compliance with EPR obligations in the Netherlands can lead to administrative sanctions and financial penalties. Supervisory authorities may impose fines on enterprises that fail to complete the required registration or do not report the quantities of products placed on the market.

In the case of online sales, non-compliance with environmental regulations may also lead to sales restrictions or the blocking of listings on marketplace platforms that require confirmation of EPR compliance.

Support in fulfilling EPR obligations

Rulity Consulting supports enterprises selling to the Netherlands in the practical organization of compliance with the EPR system.

The cooperation process begins with an analysis of the product portfolio and the sales model to determine which waste streams are triggered by the enterprise's activities.

Based on this analysis, the appropriate path for fulfilling obligations is determined. This includes identifying required registrations with the relevant recovery organizations, taking into account weight thresholds for packaging, and implementing reporting procedures.

If necessary, support is also provided in preparing documentation and organizing a system for collecting data on the weights of products and packaging placed on the market.