The draft Decree relates to containers for food, cups for beverages, cotton buds, cutlery, plates, stirrers, straws, balloon sticks, balloons, packets and wrappers, beverage containers and beverage bottles including caps and lids, tobacco products with filters and filters for use with tobacco products, wet wipes, sanitary towels, tampons and tampon applicators, lightweight plastic carrier bags, fishing gear and products made from oxo-degradable plastics.
Draft Decree containing rules on designated single-use plastic products, products made of oxo-degradable plastics and fishing gear containing plastic, and amending the 2014 Packaging Management Decree (Single-use Plastic Products Decree)
The draft Decree implements Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ 2019, L 155).
Articles 2(2) and 15d(2) may contain regulations that must be notified in accordance with Directive (EU) 2015/1535.
Article 2(2) includes a power to restrict the sale of plastic straws that do not fall under the prohibition of Article 5 of Directive (EU) 2019/904 because they are a medical device.
Article 15d(2) contains measures to implement Article 4(1) in conjunction with Part A of the Annex to Directive 2019/904: achieving an ambitious and sustained reduction in the consumption of single-use plastic food containers and cups for beverages. One or more of the following measures may be prescribed for single-use plastic food containers and/or cups for beverages: their pricing, the mandatory provision of reusable alternatives
at points of sale and distribution, and a ban on their provision in certain locations or on certain occasions.
The remaining articles of the draft Decree are a direct implementation of Directive (EU) 2019/904.
No mutual recognition clause has been included. Products from another Member State to which Articles 2 and 15 of the draft Decree refer and which are lawfully marketed in that other Member State are permitted without restriction in the Netherlands. The measures may apply to those who offer the products to end users in the Netherlands. There will be no discrimination against companies, such as producers, from other Member States.