Netherlands

Have any regulations or guidelines already been implemented?

The Decree Extended Producer Responsibility Textiles (Besluit uitgebreide producentenverantwoordelijkheid textiel) (“Dutch EPR Decree”) entered into force on 1 July 2023.

Is there any upcoming relevant legislation or guidelines? 

What is the timeline for implementation?

N/A

What are the general rules?

• The Dutch EPR Decree makes producers financially and operationally responsible for the availability of a suitable collection system for discarded textile products.
• “Producers” are defined as any party who professionally puts textile products on the market in the Netherlands, regardless of the sales technique. This may thus also cover importers and retailers, who would not normally see themselves as a producer per se.
• Producers must take measures to ensure that their textile products make as much use as possible of recycled textile fibres. As of yet, no minimum requirements have been established in this respect.
• As of 2025 producers must ensure that an increasing percentage by weight of the textile products that they put onto the market is prepared for reuse or recycling, starting with 50% in 2025 and reaching 75% in 2030.
• Producers that fall within the scope of the Dutch EPR Decree must notify the Ministry of Infrastructure and Water Management within 6 weeks of the entry into force of the Dutch EPR Decree, setting out amongst others how they intend to comply with the Decree. The notification can also be made jointly by a collective of producers.
• Producers must submit a report to the Ministry each year by 1 August setting out the details of their compliance with the Decree. In 2023 and 2024 producers can suffice with a report simply setting out the weight of the textile products they have brought onto the market in the Netherlands.
• Producers from outside the Netherlands must appoint a representative in the Netherlands if they put textile products on the market in the Netherlands.
  

What are the products involved?

The Dutch EPR Decree covers newly produced textile products in the categories clothing and household linens, which are first put on the market in the Netherlands.
As per EU Regulation 1007/2011, textile products are:

• any raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up product which is exclusively composed of textile fibres, regardless of the mixing or assembly process employed;
• products containing at least 80% by weight of textile fibres.

What are the enforcement measures and sanctions in case of violation?

Enforcement of the Dutch EPR Decree is governed by the Dutch Environmental Management Act (Wet Milieubeheer).

Violations of the Dutch EPR Decree can be enforced both through administrative and criminal law:

• Administrative enforcement instruments include an administrative enforcement action and an administrative penalty.
• Violations of the Dutch EPR Decree are economic offences, which are punishable under the Economic Offences Act (Wet op de economische delicten). Pursuant to this Act for example fines can be imposed.

Which are the responsible authorities or bodies?

Dutch Ministry of Infrastructure and Water Management..