The EPR

Extended Producer Responsibility and Packaging Administration

The final two substantive blogs of this year are closely connected: the Extended Producer Responsibility (EPR) and the Producer Register of the PPWR. We therefore explore these topics in two parts, starting with the EPR.

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The EPR

Extended Producer Responsibility and Packaging Administration

You’ll find the EPR in the PPWR in Article 45, directly following the Producer Register in Article 44. The first defines who is responsible for packaging placed on the market, the second how that responsibility is made verifiable. We start with Article 45, as it forms the foundation: it elevates Directive 2008/98/8 and 8bis into law, broadens and deepens them in Articles 5–12, and places the producer at the center of the system.

From Directive to Law

The first paragraph of Article 45 directly refers to Articles 8 and 8bis of Directive 2008/98. Since the PPWR is a regulation, it turns this previous directive into directly enforceable legislation. Where Directive 2008/98 largely contained open standards, the PPWR specifies them concretely through Articles 5–12: minimisation, recyclability, use of recycled content, labelling, and reuse.

Thanks to organisations such as Verpact and the former KIDV, the Netherlands is already well prepared. Many of these principles already apply to our internal market, for example through fee differentiation. This does not mean the bar is low—but it also doesn’t make compliance unattainable. The transition to the PPWR therefore feels less abrupt here than in many other member states. All efforts should lead to packaging that is designed according to the law and therefore highly recyclable, ultimately resulting in Article 38: the declaration of conformity.

The structure of Article 45 is clear: paragraph 45.1 links the EPR directly to Articles 8 and 8bis of Directive 2008/98, thereby anchoring the principles of waste prevention and producer responsibility in the PPWR. Paragraph 45.2 operationalises this: producers bear the full costs of collection, transport, processing, and reporting. This cost structure is already familiar in the Netherlands through existing EPR systems—an advantage that eases the transition to the PPWR.

Equal Rules for Everyone

The EPR ensures that the same rules apply everywhere. Foreign suppliers placing packaging on the EU market must register (more on that in November) and meet the same requirements. Drop shippers, for example, must be able to demonstrate that their producers also comply with Article 45. The PPWR thus prevents an uneven playing field and promotes “design for recycling” as the standard.

Interestingly, there may be ripple effects beyond the EU. Producers may not design separate packaging for each market; instead, they might switch to the EU-compliant version—more recyclable, using less material, and containing more recycled content. A positive side effect with global impact.

During a recent PPWR session, it became clear that the world is watching. Among the 200+ online participants were five U.S. states, including California. Considering that California is the world’s fourth-largest economy, one can imagine the opportunities. The PPWR could indirectly drive a global shift toward more sustainable packaging—simply because producers prefer one uniform, compliant packaging design over multiple regional variations.

The Shift in the Netherlands

In the Netherlands, the waste management fee has already shifted from the producer to the brand owner. This can be beneficial for manufacturers: those who already package in compliance with the PPWR help brand owners meet their EPR obligations—one less concern for them, and potentially a stronger value proposition for you.

Verpact, as delegated industry representative, has also made extensive preparations. As a result, Dutch companies already have the infrastructure to make compliance with the PPWR considerably smoother. The connection between EPR and existing national systems is an advantage not every member state enjoys.

From Obligation to Opportunity

The PPWR becomes what you make of it. Those who only focus on minimum compliance will see it as a burden. Those who view it as a blueprint for better packaging will seize it as an opportunity. Thanks to initiatives by Verpact and KIDV, the Netherlands holds a strong position. Tools like the Recyclecheck make it feasible to already operate in line with the PPWR today. Waiting until 2029 is possible—but why not take advantage of the head start that the Dutch market offers now?

Producers who already understand their options today will be stronger in discussions about costs, collaboration, and market positioning. The EPR is mandatory, but those who implement it smartly build a competitive advantage at the same time.

The PPWR makes producers not only responsible for what they place on the market, but also for proving compliance. That proof will be the subject of the next part.