Recycling of plastic intended for contact with food
Ensuring the safety of recycled plastics
Plastic food contact materials may be used only subject to R 10/2011. This Regulation is to ensure that substances present in newly manufactured plastic cannot be transferred to food in amounts that can harm human health. Broadly that regulations sets out two groups of substances:
- Starting substances and additives, which are to be authorised before they can be used, and which must be used subject to restrictions, such as a specific migration limit.
- Non-intentionally added substances (NIAS), which include impurities present in authorised substances, as well as reaction and degeneration products that are formed during production of the plastic. These substances do not require authorisation, but they must be risk assessed according to internationally accepted standards.
The risk assessment either during authorisation or by the producers needs to ensure that the resulting new plastic material is safe.
However, when plastics are recycled, they can contain microbiological and chemical contaminants. Microbiological contamination is usually not a problem due to the high temperatures used during recycling of plastics, but chemical contaminants may occur from several sources. Such sources may include:
- The original production of the plastic; for instance, the amount and the identity of NIAS will typically not be known for collected plastic, and may have changed, for instance due to further degradation.
- The use of the plastic; the plastic should in most cases have been used in contact with food and substances from the food may have contaminated the plastic; however, it is usually unavoidable to collect plastics that were used in contact with other substances, such as detergents, or in rare cases more hazardous substances such as pesticides.
- Potential misuse of the plastics; users may have used food packaging to store other substances in it. Examples include paint and paint thinner, fuels, detergents, and other household products that require temporary storing.
- Cross contamination in waste collection; depending on the way the plastic is collected substances originating from other waste may contaminate the collected plastic, for instance if there are large amounts of waste not suitable for recycling are present in the collected material.
Contaminants differ in one important way from impurities present in substances used for the manufacturing of new plastics. It is not possible to know the identity of all possible contaminants and they are typically present in a random amount in the collected plastic. Therefore, it is not possible to perform a similar assessment as is done for NIAS under Regulation (EU) 10/2011.
The safety of recycled plastic is therefore ensured in a different manner. The European Food Safety Authority (‘EFSA’) has established a level at which nearly all chemicals are not expected to do human health if present in the food. On this basis it is possible to calculate a maximum safe level at which chemicals that have not been risk assessed could be tolerated in plastic material without doing harm. They also characterised the maximum level at which chemicals can be present in collected and pre-processed plastic that has not been decontaminated. During recycling the plastic must thus be decontaminated with an operation capable of reducing that contaminant level in the input to the maximum tolerable safe level. EFSA refers to this capability as the decontamination efficiency of the recycling process, its full approach is published online.
The nature of contaminants has another problem. The composition of recycled plastic cannot be easily subjected to official controls. Conversely, the composition of new plastics can be enforced for instance against specific migration limits (SMLs) in a laboratory operated by the enforcing authorities. However, if it is not known what substances to look for, and there are no applicable limits, as is the case for contaminants, this approach is not possible. Therefore, controls focus at the production of the recycled plastic. The production must apply good manufacturing practices that are to ensure the correct input material, the correct equipment and the correct operating condition are applied during production. Official controls thus focus at auditing the production installations of recycled plastics.
Regulating recycled plastics for food contact, Regulation (EU) No 2022/1616
Commission Regulation (EU) 2022/1616 on recycled plastic materials and articles sets out a legal framework to implement the above approach. It is summarised on EUR-LEX. In addition to this summary, there are a couple of key concepts that should be understood to understand how the Regulation functions:
- Recycling Technology, Process, and Installation
For the purpose of the Regulation, A recycling Technology means a specific combination of physical or chemical concepts, principles, and practices to recycle a waste stream of a certain type and collected in a certain way; A recycling process is based on a recycling technology and means a sequence of unit operations that is intended to manufacture recycled plastic materials and articles through pre-processing, a decontamination process, and post-processing; both recycling technologies and processes are descriptions at a different level of detail of a recycling installation, which means the actual equipment operating a recycling process and which is located at a recycling facility.
A recycling technology must first be established as suitable (chapter IV of the Regulation) by operating it as a novel technology; presently two suitable technologies are established, mechanical PET recycling and recycling from a closed and controlled chain; mechanical PET recycling processes must first be authorised (chapter V of the Regulation) before they may be used; and during their first year of operation, recycling installations must be audited (chapter VI of the Regulation). Recycling processes and installations may only be based on suitable technologies unless the technology on which they are based is still being developed as a novel technology. - pre-processing, decontamination, and post- processing
Technologies, processes and installations, consist of three main stages; pre-processing, which refers to operations including the collection, sorting, shredding and pre-washing of plastic waste, and which should result in a well-defined plastic input to the decontamination stage during which this plastic is decontaminated to make it suitable for food contact, this is the main stage for the purpose of the Regulation; and post-processing of the decontaminated plastic – recycled plastic – to manufacture final recycled plastic food contact materials and articles, such as bottles.
Article 6, 7 and 8 set out respectively the requirements for these stages; Article 6 on plastic input may be the most important as it determines which plastic waste can be recycled.
Union register of novel technologies, recyclers, recycling processes, recycling schemes and decontamination installations
The Union Register
Commission Regulation (EU) 2022/1616 on recycled plastic materials and articles establishes through Article 24 a Union register of novel technologies, recyclers, recycling processes, recycling schemes, and decontamination installations, as well as a list of recycling facilities. The main purpose of this register is to provide information to the users of recycled plastic to allow them to verify compliance of plastic materials they have received, as well as for competent authorities to facilitate their work on official control.
The register is kept by the Commission and can be accessed using the Food and Feed Information Portal.
The register provides registration numbers of the following entities:
- RON, recycling operator number;
- RFN, recycling facility number;
- RIN, recycling installation number;
- (RAN), recycling authorisation number;
- (RSN), recycling scheme number;
- (NTN), novel technology number;
At present the register is limited to recycling installations, facilities and companies. It will soon be updated by adding authorised processes (authorisation process is on-going), recycling schemes, and novel technologies. Also, the functionality of the register will gradually be improved.
Notice all numbers are comprised of 9 digits. The first three digits provide information on the location of the entity, in the EU that would be the NUTS1 number. The second three digits are calculated from the name of the entity, which means the number will change if the name of the entity is changed. The 7th digit represents the year in which the number was assigned, the 8th digit the type of entity, and the 9th digit is a check digit calculated on the basis of the other digits.
In case of a question on the register please send an e-mail to SANTE-FCM-RECYCLING-REGISTER
ec [dot] europa [dot] eu (SANTE-FCM-RECYCLING-REGISTER[at]ec[dot]europa[dot]eu). However in case of a mistake in the register or a new registration, please use the on-line registration forms mentioned below.
Registration forms and process
For new entities that are to be registered, please complete the online forms (1,2,3 and 4)
- Form 1 - Recycling installations:
- Definition (Art. 2. (3.12): ‘recycling installation’ means the equipment operating at least a part of a recycling process.
- The recycling installation should always be linked with a recycling facility and a company.
- Multiple recycling installations could be present within the same facility. In this view, please check and confirm all the installations located at this facility.
- Example of the information to be completed in the Recycling Installation Number (RIN) form(completed registration form for recycling installation).
- Form 2 - Recycling facilities:
- Definition (Art. 2. (3.14): ‘recycling facility’ means a location where at least one decontamination installation is located.
- The recycling facility should always be linked with a recycling installation and a company.
- Multiple recycling facilities could be present within the same company in more than one sites and / or one country.
- Example of the information to be completed in the Recycling Facility Number (RFN) (completed registration form for recycling facilities).
- Form 3 - Recycler:
- Definition (Art. 2. (3.16): ‘recycler’ means any natural or legal person who applies a decontamination process.
- The recycling company should always be linked with a recycling facility and a recycling installation.
- Example of the information to be completed in the Recycling operator number (RON) (completed registration form for recycling companies).
- Form 4 - Recycling Scheme Managers:
- Definition (Art. 2. (3.15): ‘recycling scheme’ means an arrangement between legal entities to manage the use, separate collection and recycling of plastic materials and articles with the objective to limit or prevent their contamination in order to facilitate their recycling;
- The Recycling Scheme should always be linked with a recycling installation, recycling facility and a company (Form 1-4).
- Where the scheme manager is also the recycler, they both need to register the scheme, the installation, the facility and the operator). Example of the information to be completed in the (completed registration form for recycling schemes).
- Form 5 - Novel recycling technologies:
- The Novel recycling technology form (Form No 5) should always be linked with a recycling installation, recycling facility and a company (Form 1-4).
- Example of the information to be completed in the, Form 5 -Novel technologies: accessible on this link.
RAN numbers will be assigned by the authorisation of recycling processes, consequently there is no form to apply for a RAN number.
Useful information regarding the Register:
- Registers Lists presented in an alphabetical order per country & installation / facility and / or company.
- Recycling Lists for Recycling Scheme Managers, Novel recycling technologies and Recycling Authorisation Numbers will be available in the near future.
- Recyclers present in the current list, may use the online forms in order to revise their data (please include all the information's needed in the current forms) by completing the online forms (1,2,3 and 4) and then in section F select the second option (by ticking the box below).
- Recyclers that already revised their forms using those online forms, should use the codes (RIN/RFN & RON) presented in the Register Lists for their installation /facility and company. The new information has in that case superseded the 2022 information.
- In case a Register number is lacking (RIN/RFN & RON) to provide them to the CAs (Competent Authority) please present the PDF receipt of the Registration in EU Survey and indicate that codes are pending.
- The online form has been developed to allow applicants submit their applications through the online web interface. As a result, a unique number is created once the registration completed in order to be used in future communication (Commission & Competent Authorities). Applicants kindly invited not to forward their online PDF forms to the Commission (only if requested).
- Following the receipt of (a) new forms and (b) revision of old ones, Register lists will be updated on a frequent basis. The updated forms (as outlined in c.3) will be analyzed and evaluated based on order of priority in accordance to change the existent dossiers (codes).
Competent authorities
Countries located in EU - specific information and language versions of templates
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Austrian national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or to submit the compliance monitoring summary sheet, please use the contact information of the Belgian Federal Public Service. Health, Food chain safety and Environment included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
Bulgarian / български: Annex II, Annex III.A and Annex III.B
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Croatian competent authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Cypriot competent authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Danish Veterinary & Food Administration included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Estonian competent authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use only the contact information of the Finnish Food Authority (Ruokavirasto) included on this list of competent authorities. The Finnish Food Authority will distribute the notifications to the correct local competent authority who will do the notification to our national notify to the competent authorities and perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information on this page. Please contact the local authority where your entity is located.
For general information please contact: Bureau-5Adgccrf [dot] finances [dot] gouv [dot] fr (Bureau-5A[at]dgccrf[dot]finances[dot]gouv[dot]fr), the national contact point.
Please contact the local competent authority (food contact material) at the place where the recycling facility is located:
BVL - Recycling von Kunststoffen für den Kontakt mit Lebensmitteln
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Hungarian competent authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent Authorities or to submit the compliance monitoring summary sheet, please contact the local competent Authority at the place where the entity (recycling facility, recycling installation, etc.) is located using the contact information provided in this document.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Lithuanian competent authorities included on this list of competent authorities.
Lithuanian / lietuvių: Annex II, Annex III.A and Annex III.B
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the competent authorities in Luxembourg included on this list of competent authorities. NOTE: this information is changing and may be outdated, in case of problems with notification please inform the European Commission using the e-mail address for notifications.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the contact information of the Portuguese competent authorities included on this list of competent authorities.
Portuguese / português: Annex II, Annex III.A and Annex III.B
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
Slovene / slovenščina: Annex II, Annex III.A and Annex III.B
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To enquire about national notification and for the obligation to submit a compliance monitoring summary sheet, please contact the relevant authorities included on this list of competent authorities.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Australia national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Bangladesh national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Bosnia & Herzegovina national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Brazil national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the China national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Columbia national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Egypt national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Equador national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Indonesia national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the India national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Israel national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Japan national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Korea national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Malaysia national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Morocco national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Mexico national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Nigeria national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Oman national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Peru national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Serbia national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Singapore national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the South Africa national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Switzerland national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Taiwan national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Thailand national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Turkey national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the United Arab Emirates national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the United Kingdom national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the United States of America national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
To notify to the competent authorities or the submit the compliance monitoring summary sheet, please use the Vietnam national contact point on this list of competent authorities. The national contact point will distribute the notifications to the correct local competent authority who will perform controls.
Useful information, related links & questions & answers for applicants
Other resources
Complete guidance on the application of the Regulation is being developed, and will be published following a discussion with Member States and stakeholders. Publication is not expected before 2023 as the guidance will be written taking account of the first experiences with the implementation of the Regulation.
Templates for Annex II and III
Please find templates in .docx format that can be used to prepare the CMSS and Declaration of Compliance. Language versions, which may be required in some Member States in particular of the CMSS (Annex II) are available in the section below.
Annex II, Annex III.A and Annex III.B
Guidance on the use of the templates: guidance to Annex II and III
Questions and Answers
Before its eventual consumption, food comes into contact with many materials and articles during its production, processing, storage, preparation and serving. Such materials and articles include food packaging and containers, machinery to process food, and kitchenware and tableware. These materials are referred to as Food Contact Materials (‘FCMs’); they are either intended for food contact or such contact is foreseeable, and it may be direct or indirect. Constituents of food contact materials that transfer from these materials into the food may affect the chemical safety of the food and affect human health, as well as the quality of the food, its taste and smell, and its appearance. FCM legislation therefore sets out rules that should ensure the safety of these materials. It includes general rules applicable to all FCMs and specific rules on materials, such as on plastic and recycled plastics. Recycled FCMs have content that is recovered from waste, and may be contaminated with substances originating from previous use and from other waste. Therefore some recycled materials are subject to additional rules.
The new Regulation aims at ensuring the chemical and microbiological safety of recycled plastic intended to come into contact with food, including food packaging (‘recycled plastic FCMs’). Recycled plastics largely originate from household waste and may be contaminated in several ways. If that contamination is not removed, it may end up in our food and be harmful to human health.
The Regulation sets out rules applicable to the manufacturing process of plastic with recycled content (‘recycling processes’) to ensure that the decontamination process leads to the plastic being safe. Thereto, it requires the European Food Safety Authority (‘EFSA’) to assess recycling processes to verify that they are capable of producing safe plastics and that the processes are then authorised. Furthermore, it sets out rules applicable to quality control of the recycled plastic as well as enforcement thereof by public authorities.
In addition, the Regulation includes a procedure that establishes whether novel recycling technologies are suitable to recycle plastic FCMs. It supports the development of innovative recycling technologies that are likely to allow in the future the recycling of plastics that cannot be recycled today into FCMs, while it maintains a high level of safety of those recycled plastics.
The new Regulation helps to fulfil at least two objectives of the new CEAP.
The CEAP firstly sets out that, to increase uptake of recycled plastics and contribute to the more sustainable use of plastics, the Commission will propose mandatory requirements for recycled content in plastic materials, while ensuring the performance and safety of such materials. Plastic FCM makes up about 50% of the total plastic packaging. As targets for recycled content in FCM can only be set for plastics for which safe recycling technologies are with certainty available, this new Regulation provides a necessary basis for deciding on recycled content targets for food packaging.
Secondly, the new CEAP states that Commission policy will seek standardisation and the use of quality management systems to assure the quality of the collected waste destined for use in products, and in particular as food contact material. The new Regulation implements this objective for waste intended to manufacture food contact materials from recycled plastic.
Recycled PET (Polyethylene terephthalate) is already quite widely used as food packaging today.
Since 2010 EFSA has been evaluating the safety of recycling processes under EU legislation, particularly that of PET recycling processes, but national legislation was still applicable to the use of these processes to manufacture recycled plastic. In addition, EFSA evaluated the recycling of plastics that are collected from closed and controlled product loops, such as the crates used in supermarkets, which are also already widely recycled, and concluded they are safe. For the recycling of High Density Polyethylene (HDPE) collected using municipal waste collection, which EFSA also assessed, it could not yet decide whether recycling processes are suitable, so we cannot yet expect recycled HDPE FCMs on the market.
The new Regulation will ensure that all rules for authorisation and enforcement are fully harmonised, with a view to regulating all aspects relevant to the manufacture and safety of recycled plastics. The level playing field thus created is expected to help to develop the market for recycled plastics further.
Beyond PET, it is expected that availability of other types of recycled plastic polymers will increase on the market in the coming years, which will benefit from the EU legal framework now in place for such innovation.
EFSA lays down criteria for the safety assessment of recycling processes to ensure they cannot harm human health, and it evaluates processes for which applications for authorisation are submitted against these criteria.
It has already evaluated well over 200 PET recycling processes over the last decade.
The new Regulation also requires that EFSA provides an opinion on whether novel recycling technologies are suitable to be used as a basis for recycling processes based on the kind of plastic input they are intended for, and the principles they apply for decontaminating that input.
Member States have essentially two roles under the new Regulation.
Firstly, as members of the corresponding regulatory committee, they provide an opinion on whether novel recycling technologies can be considered suitable, and whether the specific recycling processes can be authorised subsequently to a positive EFSA opinion.
In addition, their competent authorities also maintain an important role in enforcing compliance with the Regulation, for instance by auditing recyclers for compliance with requirements on quality control. If a recycler cannot show that they appropriately implement or operate quality control procedures, the Competent Authorities are to implement appropriate control measures, and require to take certain recycled plastic off the market, if its safety cannot be ensured.
Plastic materials and articles intended to come into contact with food have been subject to EU legislation for over three decades. The current Regulation (EU) No 10/2011 on plastic FCMs sets out rules on the composition of such plastics, including a list of substances that have been subject to risk assessment by EFSA or its predecessor, and which have been authorised for the manufacture of plastics.
It lays down other restrictions as well, including on the purity of substances used, and restricts the migration of specific substances from the plastic to the food by establishing limits.
Apart from the new Regulation, recycled plastic must also comply with Regulation (EU) No 10/2011 on plastic FCMs. Therefore, recycled plastic used in FCMs must comply with the same rules on composition as newly manufactured plastic FCMs.
The new Regulation defines specific terminology to be able to regulate effectively different aspects of the manufacture of recycled plastics. This includes definitions for ‘recycling technology’, ‘recycling processes’, and ‘recycling installations’. Recyclers use a recycling installation to manufacture recycled plastic based on a recycling process. That process applies a certain recycling technology. The regulation ensures that recycled plastic is safe by first determining whether the applied recycling technology is suitable, then by authorising detailed recycling processes, and by subsequently enforcing the appropriate use of the recycling installations.
The new Regulation sets up a Union (EU) register of recyclers, recycling processes, recycling installations, the facilities where these installations are located, recycling schemes and novel technologies.
This register, which will be launched in the coming months, will provide a comprehensive overview of all operators that recycle plastic intended for contact with food and their facilities.
This will ensure a high level of transparency to the Competent Authorities and consumers, and it will also greatly facilitate the controls of the quality of recycled plastic.
Business operators will need to provide relevant registration numbers such as for the installation used to manufacture a batch of recycled plastic. It will also help to inform EU policy as it will make clear for instance how many recyclers are active in the EU.
No, recycling schemes set up under the new Regulation are not the same as deposit-refund schemes (‘DRS’). A DRS is to stimulate efficient collection of packaging subject to that system. A recycling scheme allows operators to collect clean used plastics independently from municipal waste collection.
Recycling schemes are already used. They are used for example to ensure that plastic collected from closed and controlled product chains, such as crates used to transport vegetables from food producers to retailers, is kept clean. When these crates become damaged or old, the plastic may be then recycled without the use of an authorised recycling process.
Recyclers of plastic intended for contact with food need to ensure full compliance with the new Regulation. Recyclers using a technology that is not presently considered suitable should consider the procedure applicable to novel recycling technologies.
The main action required from business operators applying recycling processes that are already considered suitable is to ensure their quick registration in the Union register. The dedicated web page explains the actions they need to take, some of these actions should best be taken now. In addition, recyclers and the users of recycled plastic will see changes to the requirements on compliance documentation and labelling.
EFSA also published favourable opinions on over 230 mechanical PET recycling processes following applications from recyclers. The Commission is in the process of preparing authorisations based on these opinions. These Authorisations will be notified to those recyclers in the months following the entry into force of the new Regulation, and include restrictions and specifications on the use of the authorised processes, based on the EFSA opinions. The Commission will communicate with the recyclers individually to prepare the authorisations. It is important that recyclers follow these communications carefully.
In the past, EU legislation on recycled plastic food contact materials excluded several manufacturing technologies from its scope. This is no longer the case. All plastic food contact materials containing plastic originating from waste or manufactured therefrom are subject to this Regulation, including when they are produced by using a chemical recycling technology rather than a mechanical recycling technology. Such chemical recycling technologies break down plastic to a certain extent.
The new recycling Regulation only excludes from its scope the use of waste to manufacture substances included in the Union list of authorised substances in accordance with Article 5 of Regulation (EU) No 10/2011 on plastic food contact materials. The substances manufactured must be used fully in accordance with this Regulation and cannot contain oligomers or contaminants originating from the waste.
The same rules apply to all plastics placed on the EU market.
That means that a recycling installation located outside of the EU must fully comply with the new Regulation if it manufactures recycled plastic that is placed on the EU market.
Likewise, if plastic materials are imported into the EU that are not yet decontaminated are to be used as input to manufacture recycled plastic intended for food contact in the EU, these must comply with the same rules on origin, collection methods, and quality control applicable to material collected in the EU.
The Commission fully supports the use of the waste hierarchy to reduce the pressure on the environment caused by packaging, including food packaging.
However, this Regulation is primarily about ensuring food safety in order to facilitate a higher level of plastic recycling in FCM. About 50% of all plastic packaging is estimated to be food packaging, and without clear rules for food safety, it would not be possible to increase the level of recycling and recycled content under environmental legislation.
Moreover, in line with the new CEAP, the Commission is in its final steps of preparing a proposal to review the Packaging and Packaging Waste Directive, which also applies to food packaging. This revision envisages concrete measures to reduce packaging waste, including plastics, to make all packaging recyclable and to increase recycled content in plastic packaging.
Certain other materials, particularly glass and metal are already widely recycled, and there are no indications that these materials, if recycled, would require specific legislation to ensure their safety. However, it is quite clear that recycled paper and board used in FCM would require similar rules as recycled plastics. The Commission will consider such rules as part of the revision of the FCM legislation that is presently being prepared.
Contacts
The Commission accepts questions on the implementation of the Regulation. In case you have a question, please be specific, provide sufficient technical information and where applicable quote relevant provisions of Regulation (EU) 2022/2016 and/or from the available guidance. Please send such questions to SANTE-FCM-RECYCLING-REGISTERec [dot] europa [dot] eu (SANTE-FCM-RECYCLING-REGISTER[at]ec[dot]europa[dot]eu) with in the subject ‘recycling’. This address should not be used for registration.