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Single Used Plastics legislation and waste management levy as of 1 January 2023

06 februari 2023

Good news! We are taking on the fight against litter! Since 1 January 2023, a number of impactful legal changes have come into effect, which should contribute to a cleaner environment. To achieve this, we all need to take significant steps together, and this new legislation will play a key role in this. To keep you informed about these new laws as best as possible, we have summarised the most important changes for you.

Important! The content of this message is based on the most recent information available to us. There is still a lot of uncertainty surrounding the new SUP legislation, so this may still change.

The main goal of the SUP legislation is to reduce the environmental impact of disposable plastics (such as balloons, meal packaging, carrier packaging, beverage packaging, straws, and utensils). The directive includes a package of measures to reduce the share of single-use plastic in litter and in the sea (plastic soup).

Waste management levy for packaging
As of 1 January 2023, the application of the definition of the term 'producer or importer' changes for the Waste Management Levy for Packaging, at the request of the Ministry of Infrastructure and Water Management, so that it is in line with the definition in the legislation.

The change has an impact on organisations that:

  • Professionally instruct another party to provide the packaging of products with its name, logo or trademark (and also the contractor).
  • The contribution obligation generally (there are exceptions) shifts from the contractor to the client, production of a product whose brand does not belong to the manufacturer, for example under store brand or private label;
  • Market packaging (empty) that is intended (possibly with third parties) to be added to it when products are made available to the user.
  • The contribution obligation shifts from the supplier to the company that markets the (empty) packaging.

When are you obliged to file a declaration?

An organisation that qualifies as a 'producer or importer' is obliged to submit a declaration for the Waste Management Contribution from 1 January 2023 if its packaging waste exceeds the threshold of 50,000 kilos per calendar year. This threshold does not apply to SUP packaging and a 'producer or importer' is obliged to declare the entire Waste Management Levy for each SUP packaging. The Packaging Waste Management Levy has different rates, depending on the type of material. The rates for 2023 can be found at: https://www.afvalfondsverpakkingen.nl/nl/tarieven
< br>Additional surcharge
Sustainable packaging is becoming increasingly important and will play an essential role in the fight against the amount of single-use plastic products in litter. Therefore, from January 1, 2023, an SUP surcharge is also levied. This additional surcharge is €2.30 per 1,000 pieces and applies to all products that fall under the SUP legislation. The party that pays the waste management levy is also responsible for paying this extra SUP surcharge.

There is still a lot of uncertainty surrounding this new legislation, but necessary surcharges are inevitable for some products. These surcharges are stated on the order confirmations if applicable.

If you have any questions, please contact your account manager or our sales department on 0174 638 420 or industrie@argos.nu

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