Heineken Netherlands fined for DRS violation on beer cans

Heineken Netherlands has been fined €1.5 million (US$1.6 million) by the Public Prosecution Service for selling beer cans without the mandatory deposit symbol, violating the country’s DRS.  

Between April 1–11, 2023, Heineken distributed 7.2 million cans of beer without the DRS symbol. Mandatory deposits on cans were introduced in the Netherlands on April 1, 2023, in line with EU regulations. 

The Public Prosecution Service alleges that Heineken has “neglected” its duties as a “major producer” in the Netherlands. 

“Litter can harm the health of people and animals. To reduce litter, a deposit on cans was introduced. The law requires companies to charge a deposit on cans starting December 31, 2022. The Human Environment and Transport Inspectorate (ILT) repeatedly reminded can manufacturers (including Heineken) of the upcoming legal obligation starting in September 2022,” says the Public Prosecution Service.  

“The court postponed the legally mandated implementation date to April 1, 2023, due to practical challenges surrounding the collection process.”

Heineken will donate €500,000 (US$585,000) to the charity that helps develop and maintain the Netherlands’ DRS.Heineken has since stated that the tolerance policy was “unintentionally misinterpreted” and that it should have more thoroughly assessed the DRS regulation. 

The brewer has indicated that it will pay the fine and donate €500,000 (US$585,000) to the charity that helps develop and maintain the Netherlands’ DRS.

Investigating DRS compliance

In May 2023, an investigation was opened against Heineken Netherlands following a report filed by Recycling Netwerk Benelux, a circularity advocacy organization. Its report accused Heineken Netherlands of selling cans without the legally required DRS label at the start of April 2023. 

After the initial report, the ILT was tasked with investigating the issue, which was then referred to the Public Prosecution Service who subsequently fined Heineken for failing to comply with the requirement to label cans during the 11 day period. 

The Public Prosecution Service explains that the policy allowed cans without a deposit symbol, filled before the DRS came into force, to remain on the market. However, it did not allow empty non-deposit cans to be filled after April 1, 2023.

The Public Prosecution Service adds: “European environmental regulations stipulate that the penalty imposed must be effective, proportionate, and dissuasive. In the Public Prosecution Service's view, the fine reflects the nature and seriousness of the offense.” 

Heineken Netherlands has been contacted for comment.