The Dutch Public Prosecution Service has imposed a €1.5 million penalty on Heineken Netherlands BV for violating regulations linked to the introduction of the deposit system on cans.

According to prosecutors, the brewer filled more than 7.2 million beer cans without charging a deposit between April 1 and April 11, 2023, despite the deposit requirement having come into force. The cans were later sold on the market.

The deposit scheme was introduced to help reduce litter, which poses risks to both people and animals. Under the law, companies were required to charge a deposit on cans from December 31, 2022. However, after concerns about the practicalities of collecting cans, a court postponed enforcement until April 1, 2023.

In the run-up to that date, the Human Environment and Transport Inspectorate (ILT) repeatedly warned manufacturers, including Heineken, about the upcoming obligation.

The case against Heineken began after a report by Recycling Netwerk Benelux. An investigation by the ILT’s Intelligence and Investigation Service found that although cans filled before April 1 without a deposit could still be sold under a temporary tolerance policy, the filling of new cans without a deposit after that date was not permitted. Despite this, Heineken continued production without applying the deposit for 11 days in April.

The Public Prosecution Service says the company failed to meet its legal responsibilities. Heineken has acknowledged that it misinterpreted the tolerance policy and said internal assumptions should have been checked more carefully. 

The brewer has also announced it will voluntarily donate €500,000 to a charity that supports the acceleration of the deposit system.

Prosecutors stressed that Heineken, as one of the Netherlands’ largest beverage producers, has a special responsibility to set an example. Under European environmental law, penalties must be effective, proportionate and dissuasive. In their view, the €1.5 million fine reflects both the seriousness of the offence and the scale of the violation.