House of Representatives must now give companies certainty that the deposit on cans is coming

The main conclusion is that, although this would lead to a postponement of the decision on deposits, it does not lead to a postponement of the introduction of deposits on cans. That is the conclusion of the policy agreed upon by this cabinet with VVD, CDA, D66 and ChristenUnie.

The political process so far

The Rutte III cabinet decided on 24 April 2020 to start a similar decision-making process for deposits on cans as for plastic bottles. If the number of cans in litter has not been reduced by 70% by the autumn of 2021 or 90% separate collection of cans has not been achieved, then "a deposit on cans will also be introduced in 2022", according to the letter to parliament.

The cabinet is thus responding to the request of two very broadly supported parliamentary motions, the motion by Paternotte et al. and the motion by Carla Dik-Faber et al., which asks for the introduction of a deposit scheme by 2022. The Council of Ministers therefore gave approval on 9 October 2020 to the Draft Decree on measures for metal beverage packaging. "With this, the necessary legislation is ready if the number of cans in litter has not decreased by at least 70% next year", according to the cabinet's explanation.

In the subsequent internet consultation, "a large proportion of the responses plead for an immediate decision to introduce the scheme", according to the letter to the House of Representatives containing the overview. Among others, municipalities, LTO and the Consumers' Association (Consumentenbond) are asking the cabinet to make the deposit decision before the elections.

Rijkswaterstaat is responsible for measuring the number of cans in litter. In the first half of 2020, Rijkswaterstaat found 19 per cent more cans in litter than in the reference years 2016/2017. This month of January, the figures for the second half of 2020 will be released. State Secretary Stientje van Veldhoven made that promise to the House of Representatives during the Committee Debate on Circular Economy on 2 December. There, the Members of Parliament for CDA, GroenLinks, SP, ChristenUnie, PvdD and 50Plus asked in unison for the decision to be made before the elections. The State Secretary declared there that she will enter into talks with the industry based on the January figures and will not let the matter drag on.

Because the number of cans did not fall towards -70% in the interim measurement, but rose by +19%, it is clear that the target in autumn 2021 will not be met. The only thing left to happen is for the outgoing cabinet, based on the latest, not yet public litter figures, to establish that the 70% reduction in cans will certainly not be achieved and to decide to activate the Draft Decree on deposit on cans so that the promise to introduce deposits on cans in 2022 is fulfilled.

Postponement of deposit decision would put companies in trouble 

Nevertheless, some—certainly not all—supermarkets and beverage producers are still lobbying against the introduction of deposits on cans. Those companies could try to have deposits on cans placed on the list of "controversial files". That is the list of files on which the House of Representatives rules that the outgoing cabinet must refrain from making decisions. The standing committees of the House of Representatives will establish that list next week. For the deposit file, this specifically concerns the Infrastructure & Water Management Committee.

Analysis of the political process shows that deposits on cans will simply happen in 2022: that is the only possible conclusion because the number of cans in litter will not drop by 70%. But if the subject were to be declared controversial, it would have major consequences for the practical organisation in the run-up to the introduction of deposits. In the explanatory memorandum to the draft decree, the government highlights the importance of the implementation period: "Given the need for a reasonable implementation period of at least 1 year, a deposit on cans could at the earliest enter into force on 1 July 2022". The business community has indicated that they find this a short implementation period. If the outgoing cabinet definitively confirms the draft decree in the coming days or weeks, the companies involved will have at least 1.5 years to make the necessary logistical and operational preparations. That is a generous implementation period that enables them to have the system fully ready when the deposit system on cans starts in 2022.

However, if deposits were to be declared "controversial", it could significantly delay the final government decision (elections, forming a new cabinet). The implementation period would then in any case be shortened by several months. This makes it harder for the companies that have to set up the system together and make agreements about it. Logistical preparation also becomes more difficult. The resistance of a few companies against taking the decision immediately would therefore be very

The main conclusion is that, although this would lead to a postponement of the decision on deposits, it does not lead to a postponement of the introduction of deposits on cans. That is the conclusion of the policy agreed upon by this cabinet with VVD, CDA, D66 and ChristenUnie.

The political process so far

The Rutte III cabinet decided on 24 April 2020 to start a similar decision-making process for deposits on cans as for plastic bottles. If the number of cans in litter has not been reduced by 70% by the autumn of 2021 or 90% separate collection of cans has not been achieved, then "a deposit on cans will also be introduced in 2022", according to the letter to parliament.

The cabinet is thus responding to the request of two very broadly supported parliamentary motions, the motion by Paternotte et al. and the motion by Carla Dik-Faber et al., which asks for the introduction of a deposit scheme by 2022. The Council of Ministers therefore gave approval on 9 October 2020 to the Draft Decree on measures for metal beverage packaging. "With this, the necessary legislation is ready if the number of cans in litter has not decreased by at least 70% next year", according to the cabinet's explanation.

In the subsequent internet consultation, "a large proportion of the responses plead for an immediate decision to introduce the scheme", according to the letter to the House of Representatives containing the overview. Among others, municipalities, LTO and the Consumers' Association (Consumentenbond) are asking the cabinet to make the deposit decision before the elections.

Rijkswaterstaat is responsible for measuring the number of cans in litter. In the first half of 2020, Rijkswaterstaat found 19 per cent more cans in litter than in the reference years 2016/2017. This month of January, the figures for the second half of 2020 will be released. State Secretary Stientje van Veldhoven made that promise to the House of Representatives during the Committee Debate on Circular Economy on 2 December. There, the Members of Parliament for CDA, GroenLinks, SP, ChristenUnie, PvdD and 50Plus asked in unison for the decision to be made before the elections. The State Secretary declared there that she will enter into talks with the industry based on the January figures and will not let the matter drag on.

Because the number of cans did not fall towards -70% in the interim measurement, but rose by +19%, it is clear that the target in autumn 2021 will not be met. The only thing left to happen is for the outgoing cabinet, based on the latest, not yet public litter figures, to establish that the 70% reduction in cans will certainly not be achieved and to decide to activate the Draft Decree on deposit on cans so that the promise to introduce deposits on cans in 2022 is fulfilled.

Postponement of deposit decision would put companies in trouble

Despite this, some—certainly not all—supermarkets and beverage producers are still lobbying against the introduction of deposits on cans. Those companies could try to have deposits on cans placed on the list of "controversial files". That is the list of files on which the House of Representatives rules that the outgoing cabinet must refrain from making decisions. The standing committees of the House of Representatives will establish that list next week. For the deposit file, this specifically concerns the Infrastructure & Water Management Committee.

Analysis of the political process shows that deposits on cans will simply happen in 2022: that is the only possible conclusion because the number of cans in litter will not drop by 70%. But if the subject were to be declared controversial, it would have major consequences for the practical organisation in the run-up to the introduction of deposits. In the explanatory memorandum to the draft decree, the government highlights the importance of the implementation period: "Given the need for a reasonable implementation period of at least 1 year, a deposit on cans could at the earliest enter into force on 1 July 2022". The business community has indicated that they find this a short implementation period. If the outgoing cabinet definitively confirms the draft decree in the coming days or weeks, the companies involved will have at least 1.5 years to make the necessary logistical and operational preparations. That is a generous implementation period that enables them to have the system fully ready when the deposit system on cans starts in 2022.

However, if deposits were to be declared "controversial", it could significantly delay the final government decision (elections, forming a new cabinet). The implementation period would then in any case be shortened by several months. This makes it harder for the companies that have to set up the system together and make agreements about it. Logistical preparation also becomes more difficult. The resistance of a few companies against taking the decision immediately would therefore have highly adverse consequences for the wider business community that actually wants to take sustainable steps.

Postponing the decision would also be a disregard of the parliamentary motions and the cabinet decisions of April and October. The spokespersons for the parties CDA, D66, GroenLinks, SP, PvdA, ChristenUnie, Partij voor de Dieren and 50Plus have explicitly spoken out in favour of a decision before the elections. Together they represent 89 of the 150 parliamentary seats. Finally, postponing the decision would also go against the request of virtually all Dutch municipalities and hundreds of organisations and companies to introduce deposits on cans immediately.