Netherlands EPR

What is Netherlands EPR Textile

Extended Producer Responsibility (EPR) for textiles in the Netherlands is governed by the Decree on Extended Producer Responsibility for Textiles (Besluit uitgebreide producentenverantwoordelijkheid textiel), which entered into force on 1 July 2023.

The legislation requires producers placing textile products on the Dutch market to take responsibility for the collection, reuse, recycling, and waste management of those products at end-of-life.

The regulation aligns with the EU Waste Framework Directive (2008/98/EC) and forms part of the Netherlands’ transition toward a circular textile economy. It applies broadly to:

• Clothing and apparel
• Footwear
• Household textiles

The law sets legally binding targets for reuse and recycling, gradually increasing over time.

Does this apply to e-commerce & online sales

Yes, the Dutch textile EPR framework explicitly applies to distance selling and cross-border trade.

The following entities are within scope:

1. Foreign companies selling textiles directly to consumers in the Netherlands via e-commerce
2. Online retailers shipping goods into the Dutch market
3. Marketplaces, depending on their role in placing products on the market

Non-Dutch businesses are considered producers if they are the first to place textile products on the Dutch market, even without a physical presence in the country.

Who is the “producer” under Netherlands EPR?

Under the legislation, a “producer” is any entity that first makes textiles available on the Dutch market on a professional basis.

This includes:

1. Manufacturers established in the Netherlands
2. Importers bringing textile products into the Netherlands
3. Private label owners selling under their own brand
4. Distance sellers and foreign e-commerce companies selling directly to Dutch consumers

The definition is broad and ensures that responsibility cannot be avoided through supply chain structuring.

Who must register for EPR textiles in Netherlands

All producers must register with the competent authority, which is Rijkswaterstaat (RWS), acting on behalf of the Dutch Ministry of Infrastructure and Water Management.

Obligations include:

1. Registering as a producer before placing textiles on the market
2. Ensuring compliance with collection and recycling targets
3. Joining a Producer Responsibility Organization (PRO) or setting up an individual compliance system
4. Submitting periodic reports on volumes placed on the market

Failure to register results in non-compliance regardless of actual sales volume.

Netherlands EPR Textile Registration Threshold

There is no minimum threshold for textile EPR obligations in the Netherlands.

Key points:

• All producers are obligated to register, regardless of turnover or volume
• No de minimis exemption applies
• Small and medium-sized enterprises are fully in scope
• Obligations begin from the first unit placed on the market

Textiles Covered (and Excluded)

Covered categories

The regulation applies to a wide range of textile products, including:

1. Clothing (apparel) – shirts, trousers, dresses, outerwear
2. Footwear – shoes, boots, sandals
3. Household textiles – bed linen, towels, curtains, tablecloths

Exclusions

Certain categories are excluded or treated differently:

• Personal Protective Equipment (PPE)
• Industrial or technical textiles not intended for consumer use
• Second-hand textiles (depending on whether they are reintroduced to the market)

Producer Responsibility Organization (PRO)

Producers are generally expected to fulfill their obligations through a collective system.

The main organization is:

• Stichting UPV Textiel – the national PRO responsible for organizing collection, reuse, and recycling systems for textiles

The PRO ensures compliance with national targets, including:

• Collection rates
• Reuse targets
• Recycling quotas

Producers joining the PRO transfer operational responsibility but retain legal accountability.

EPR Registration in Netherlands

The registration process involves the following steps:

1. Determine producer status under Dutch law
2. Register with Rijkswaterstaat (RWS) via the official EPR portal
3. Choose compliance method:
4. • Join Stichting UPV Textiel, or
   • Establish an individual system (rare and complex)
4. Submit initial declaration of expected volumes
5. Begin reporting and fee payments

Registration must be completed before placing products on the market.

Authorized Representative

Foreign companies without a legal entity in the Netherlands are strongly advised to appoint an Authorized Representative.

Key points:

• The representative acts on behalf of the producer for compliance obligations
• They handle registration, reporting, and communication with authorities
• While not always explicitly mandated, it is practically necessary for non-resident businesses

Compliance providers such as Lappa can fulfill this role.

What Data Must Be Reported

Producers must report detailed data on textiles placed on the Dutch market, including:

1. Total weight (in kilograms)
2. Product categories (apparel, footwear, household textiles)
3. Number of items (where required)
4. Material composition (if applicable)
5. Reuse and recycling data (via PRO reporting)

Accurate data reporting is critical for compliance with national targets.

First Reporting Period & EPR Reporting Deadlines

The obligations became effective from 1 July 2023.

Key timelines:

• First reporting obligations applied to 2023 market activity
• Annual reporting is required
• Deadlines are typically set by Rijkswaterstaat and the PRO

Producers must ensure timely submission of data and payment of eco-fees.

Labels & Marketing Claims

Textile products in the Netherlands must comply with EU and national labeling rules.

Key requirements include:

• Fiber composition labeling under EU Textile Regulation
• Clear and accurate sustainability claims
• Avoidance of misleading environmental claims under EU Green Claims Directive (upcoming)

Claims such as “recyclable” or “sustainable” must be substantiated and verifiable.

EPR Eco Fees & Eco-Modulation

Producers must pay eco-fees to finance the collection and recycling system.

Fee structure:

• Typically calculated per kilogram of textiles placed on the market
• Fees are managed by Stichting UPV Textiel

Eco-modulation is expected to develop over time, with fees influenced by:

• Durability of products
• Recyclability
• Use of recycled fibers
• Environmental impact of materials

Risks, Penalties & Common Mistakes

Common mistakes

1. Failing to register with Rijkswaterstaat
2. Assuming small volumes are exempt
3. Incorrect classification of textile categories
4. Underreporting placed-on-market volumes
5. Ignoring obligations for cross-border e-commerce

Penalties

Non-compliance may result in:

• Administrative fines
• Enforcement actions by Dutch authorities
• Sales restrictions within the Netherlands
• Reputational risk and marketplace delisting

What E-Commerce Sellers Should Do Now

1. Assess whether your business qualifies as a producer under Dutch law
2. Register with Rijkswaterstaat (RWS)
3. Join Stichting UPV Textiel
4. Appoint an Authorized Representative if based outside the Netherlands
5. Implement systems to track textile volumes and categories
6. Prepare for annual reporting and eco-fee payments

FAQ for Netherlands Textile EPR

• Is textile EPR mandatory in the Netherlands?
  Yes, under the Besluit uitgebreide producentenverantwoordelijkheid textiel (2023), compliance is mandatory for all producers.
• Do foreign e-commerce sellers need to comply?
  Yes, distance sellers placing textiles on the Dutch market are fully in scope.
• Is there a minimum threshold for registration?
  No, there is no exemption based on turnover or volume.
• Are marketplaces responsible for EPR compliance?
  Generally, responsibility lies with the seller, but marketplace obligations may evolve under EU regulations.
• What labeling rules apply to textiles?
  Products must comply with EU fiber composition labeling and avoid misleading environmental claims.