Obtaining an exemption from the ban on plastic disposables in the hospitality industry

Since January 1, 2024, the hospitality industry is no longer permitted to offer disposable plastic packaging, cutlery, and cups for on-site consumption. If you still wish to use disposable plastics, this is only possible through an exception: you register and commit to collecting and high-quality recycling a large portion of your disposable items. The ban also applies to company restaurants and events. Below, you can read how the exception works and what to do in the event of a rejection or inspection.

What does the ban on plastic disposables entail?

For hospitality business owners, January 1, 2024, marked a turning point: since then, it is no longer permitted to offer plastic food packaging, cutlery, and disposable cups for on-site use. The ban applies broadly — including in company restaurants and at events. The background is the European approach to single-use plastics, intended to reduce plastic waste and protect the environment.

The precise scope and dates of these rules may change; check the current requirements with official sources before structuring your business operations.

How do you get an exception?

Sometimes disposable plastic is truly necessary. In that case, you may continue to use certain plastic products under strict conditions, provided you meet collection and recycling requirements. You report this using the form 'Notification of the Single-Use Plastic Products Scheme'. In this form, you declare that you collect a large proportion of your plastic items (referred to in the scheme as 75% to 90%) for high-quality recycling — and you must actually live up to this.

The exception stands or falls with proper execution:

• A functioning return or collection system that allows you to get the disposable items back.
• Accurate records of the quantity of packaging provided and recycled.
• Demonstrable compliance with the set recycling percentages, which you must substantiate with the application.

Supervision, inspections and enforcement

The Human Environment and Transport Inspectorate (ILT) uses your registered data for supervision and enforcement. In the event of an inspection, an inspector will contact you. The ILT does not enforce equally strictly on all aspects, but does on others — for example, the obligation to accept customers' own cups or containers. Consumers can also report violations.

Has your application been wrongly rejected, or have you received an enforcement decision with which you disagree? In many cases, you can lodge an objection. Please note the objection period, which is usually six weeks.

Frequently asked questions about the single-use plastic rules

Does the ban also apply to takeaway and delivery?

The ban specifically applies to on-site consumption. Different rules apply to takeaway and delivery; these include, among other things, a mandatory surcharge for disposable plastic packaging and the obligation to offer a reusable alternative. The exact implementation may change, so check the current regulations.

Do I have to accept customers' own cups or containers?

The rules are based on an obligation to accept reusable packaging brought by customers themselves. The ILT identifies this as a point of enforcement. Take this into account in your business operations.

What happens if I break the rules?

The ILT can take enforcement action, for example with a warning or a remedial measure subject to a penalty payment. In principle, an objection and appeal are possible against an enforcement decision. Seek legal advice in a timely manner if a sanction is imminent.

Help with single-use plastic rules

These regulations present challenges for your hospitality business or company restaurant. The legal experts at MKB Juristen assist you in drafting applications, provide advice during inspections, and support you in objection or administrative proceedings. Schedule a no-obligation intake.