Heineken has been fined EUR 1.5 million by the Dutch Public Prosecution Service for selling millions of beer cans without the mandatory deposit marking during the early phase of the Netherlands’ deposit return scheme for cans. The case relates to an 11-day period between April 1 and April 11, 2023, shortly after the deposit requirement officially came into force.
According to prosecutors, the brewer filled and released more than 7.2 million cans without charging a deposit or applying the required logo, despite having been repeatedly informed of the obligation in advance. The Human Environment and Transport Inspectorate (ILT) had warned beverage producers, including Heineken, as early as September 2022 about the upcoming rules.
While the legislation initially required deposits on cans from December 31, 2022, enforcement was postponed to April 1, 2023 due to practical challenges with collection systems. A temporary tolerance policy allowed cans filled before that date to remain on sale without deposit marking, but did not permit new production of non-deposit cans after April 1. Investigators concluded that Heineken continued filling cans without deposit during this transition period, which prosecutors said amounted to a failure to meet its legal responsibilities as a major producer.
The investigation was triggered by a complaint from Recycling Netwerk Benelux, after which the ILT examined the case and referred it to prosecutors. Under European environmental law, penalties must be effective, proportionate and dissuasive, criteria the authorities believe are met by the imposed fine.
Heineken accepted the sanction, stating that it had unintentionally misinterpreted the tolerance policy during a complex transition phase. In addition to paying the EUR 1.5 million fine, the company announced a voluntary donation of EUR 500,000 to an organisation supporting the expansion and acceleration of the Dutch deposit return system.
